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Hunting down the nameless infringers

01-05-2014

Binny Kalra and Achuthan Sreekuma

Hunting down the nameless infringers

Technology has made IP infringement easier, and more inconspicuous, than ever before. Binny Kalra and Achuthan Sreekumar explain how to obtain John Doe orders against unidentified infringers.

John Doe orders (JDOs) are an important tool in India for fighting infringement in situations where those involved are many and at the outset unknown, such as counterfeiters and infringers of broadcast rights.

In order to secure such an order, the plaintiff must show that it is likely to prevail at trial, that the activities of the defendants will cause irreparable harm, that the balance of convenience lies in granting such an order, that there is a reasonable likelihood that the defendants might destroy the evidence and that there are common questions of law or fact arising among the cases against the various defendants.

The quality of the plaintiff’s investigators, who will be key in obtaining the necessary information to justify the granting of the order, is thus vital.


JDOs, IP infringement, counterfeiters, broadcast rights,

WIPR

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