law: Trade Marks Act, 1999  
  135. Relief in suits for infringement or for
  
  passing off.- 
  (1) The relief which a court may grant in any
  
  suit for infringement or for passing off referred on in section 134 includes
  
  injunction (subject to such terms, if any, as the court thinks fit) and at the
  
  option of the plaintiff, either damages or an account of profits, together with
  
  or without any order of the plaintiff, either damages or an account of profits,
  
  together with or without any order for the delivery-up the infringing labels
  
  and marks for destruction or erasure.
  (2) The order of injunction under sub-section
  
  (1) may include an ex parte injunction or any interlocutory order for any off
  
  the following matters, namely :- 
  (a) for discovery of
  
  documents.
  (b) preserving of
  
  infringing goods, documents or other evidence which are related to the
  
  subject-matter of the suit.
  (c) restraining the
  
  defendant from disposing of or dealing with his assets in a manner which may
  
  adversely affect plaintiff’s ability to recover damages, costs or other
  
  pecuniary remedies which may be finally awarded to the plaintiff.
  (3) Notwithstanding anything contained in
  
  sub-section (1), the court shall not grant relief by way of damages (other than
  
  nominal damages) or on account of profits in any case - 
  (a) where in a suit
  
  for infringement of a trade mark, the infringement complained of is in relation
  
  to a certification trade mark or collective mark, or
  (b) where in a suit
  
  for infringement the defendant satisfies the court- 
  (i) that at the time
  
  he commenced to use the trade mark complained of in the suit, he was unaware
  
  and had no reasonable ground for believing that the trade mark of the plaintiff
  
  was on the register or that the plaintiff was a registered user using by way of
  
  permitted use, and
  (ii) that when he
  
  becomes aware of the existence and nature of the plaintiff’s right in the trade
  
  mark, he forthwith ceased to use the trade mark in relation to good or services
  
  in respect of which it was registered, or
  (c) where in suit for
  
  passing off, the defendant satisfies the court- 
  (i) that at the time
  
  he commenced to sue the trade mark complained of in the suit he was unaware and
  
  had no reasonable ground for believing that the trade mark of the plaintiff was
  
  in use, and
  (ii) that when he
  
  became aware of the existence and nature of the plaintiff’s right in the trade
  
  mark, he forthwith ceased to use the trade mark complained of.