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Bombay High Court Clarifies that Counterfeit Trademark Cases Cannot Automatically Attract Copyright Offences July 28, 2026
Published in: Alerts
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In Sandip v. State of Maharashtra (2026:BHC-NAG:7651-DB), the Bombay High Court quashed an FIR registered against persons accused of dealing in counterfeit branded goods, holding that allegations relating to the sale of goods bearing counterfeit trademarks cannot, by themselves, attract offences under the Copyright Act.
Drawing a clear distinction between copyright infringement and trademark infringement, the Court observed that the allegations concerned the unauthorised sale of counterfeit goods bearing well-known brand labels, rather than the infringement of any copyright subsisting in the artistic works embodied in those labels. It further held that criminal proceedings under the Copyright Act cannot be sustained unless the complaint specifically establishes the essential ingredients of copyright infringement. The Court also quashed the charge under Section 420 of the IPC, noting the absence of any complaint from consumers alleging deception or cheating.
The ruling reinforces the importance of distinguishing between different forms of intellectual property rights and underscores that criminal proceedings must be founded on the appropriate statutory framework and the specific ingredients of the alleged offence.
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