Following the positive response to our article on brand protection titled “Your Brand, Your Power; Legal Strategies to guard reputation in India,” we return with a detailed real-life scenario drawn from a real matter. This case highlights how, if not addressed in time, brand misuse can impact not only a company’s reputation but also its legal standing and consumer safety.

This article is based on a real case handled by our firm. Names and identifying details have been modified to maintain client confidentiality.

Introduction

In this situation, a pharmaceutical company based in the U.S. found that a product with the same name as their brand was being offered on an Indian e-commerce website. The Client's brand already held a registration in the U.S. and had sought trademark protection in India. However, the presence of an unverified medical product with a similar name posed a risk of misleading consumers, jeopardizing public health, and harming the brand's reputation.

While there had been no reported consumer complaints, the brand decided to act quickly out of caution. Upon discovering this misuse, the company engaged our legal team. What ensued was a coordinated effort involving investigative, regulatory, and enforcement activities.

As a result, the infringing listing was removed swiftly, preventing any further harm to the brand's reputation or legal standing. This article intends to provide an in-depth examination of the steps taken, the potential risks if such issues remain unaddressed, and the various legal remedies available in these circumstances.

Uncovering the Infringement: Market Investigation Tactics

To avoid costly and time-consuming litigation, it is always preferable to attempt resolution before pursuing court action. A key part of this strategy is gathering strong, actionable evidence that supports enforcement efforts and minimizes procedural hurdles. In this case, rather than initiating legal proceedings immediately, we adopted a methodical approach that involved the following stages:

1. Online Investigation

Our team began with a detailed online investigation to identify and document the infringing product listings. We traced the seller's digital footprint, gathered details of the listing companies, potential manufacturers, and the addresses associated with the products. This phase also included collecting evidence of sales channels, pricing, product descriptions, and digital identifiers such as website metadata and seller credentials.

2. On-Site Investigation

Using the online findings, we initiated physical verification to assess whether the infringing party had an active presence at the listed location. While the site visit did not confirm ongoing operations, it helped rule out any legitimate or registered presence by the infringer. Simultaneously, we searched the Indian Trademarks Registry to confirm that no entity in India held prior rights to the client’s mark or any deceptively similar mark, thereby clearing the path for legal enforcement and eliminating potential ownership conflicts.

3. Market Survey and Brand Assessment

We conducted a discreet market survey and online brand presence analysis to understand the use and recognition of the client’s mark in India. This was particularly relevant in the pharmaceutical and health supplement sector, where mistaken identity can lead to liability issues. The survey helped assess brand awareness among healthcare professionals and consumers and established whether the infringing product had been misrepresented as originating from the U.S.-based client.

4. Evidence Compilation and Platform Action

Based on the evidence collected through the above steps, we filed a formal IP violation complaint with the e-commerce platform where the infringing listing appeared. While the platform was still processing our complaint, the seller voluntarily removed the listings, likely in response to our coordinated investigation efforts. This proactive takedown minimized further damage to the brand and prevented immediate escalation into formal legal action.

5. Filing Reports and Readiness for Enforcement

Had the infringing party not withdrawn the listings, we were prepared to submit the full investigation report to court and obtain an injunction, including orders for raids and seizure under applicable provisions of the Trademarks Act, 1999. Our evidence dossier was structured to meet court standards and included physical inspection records, screenshots, trademark search results, and affidavit-ready documentation.

6. Continued Online Monitoring and Enforcement

We are continuing to monitor online platforms to detect any recurrence or attempt to resist infringing products. All relevant parties have been marked for watch, and alerts are in place for quick action if the infringement resurfaces.

This structured approach allowed us to neutralize the immediate threat without litigation, preserve the client’s rights, and maintain readiness for court action if required. Should the client wish to pursue civil or criminal remedies, or further enforcement actions including border control or customs monitoring, we are fully prepared to proceed.

Legal and Reputational Risks of Unauthorized Medical Brand Use

The unauthorized use of a medical or pharmaceutical brand name is far more serious than just a trademark dispute it carries real-world consequences, both legal and reputational. In this case, the misuse of our client’s brand on a potentially unverified product raised multiple red flags, not just for the business, but for the public as well.

In industries like healthcare, the brand name isn’t just part of the packaging it stands for safety, reliability, and patient trust. When someone copies that name and uses it on an unregulated product, the risks ripple far beyond confusion in the marketplace. They affect real people, real outcomes, and the reputation a company has spent years building.

  • Consumer Health and Safety risks: The foremost concern is the risk to patients/consumers. If the infringing product is a medicine or medical device of unknown origin, its quality and safety are unverified. Patients might purchase it believing it’s the authentic product endorsed by the U.S. company. Any adverse effect from lack of efficacy to serious side effects could directly harm consumers. The World Health Organization and studies have warned that a significant percentage of medicines in some markets are counterfeit or substandard, which is a massive public health threat.
  • Brand Reputation and Goodwill: Medical brands are built on credibility. Misattribution of the infringer’s product problems to the real brand would damage the goodwill and trust the company has cultivated. Such reputational damage can take years and significant effort to undo as in today’s globalized world, one infringement can spiral into lasting damage as information travels quickly.
  • Liability and Legal Exposure: Even though the U.S. brand owner was not directly selling in India yet, the existence of a product bearing its name could drag the company into legal disputes. For instance, if a consumer was harmed, they may attempt to sue the U.S. company under the assumption that it was responsible for the product. All these possibilities mean the brand owner faces multi-dimensional liability from consumer protection claims to regulatory penalties despite not putting the offending product on the market. Such risks make it imperative for brand owners to actively police and stop unauthorized uses.

The case reinforced how high the stakes are in such situations. It is a stark reminder that companies must not only obtain legal rights but also vigilantly enforce those rights to preserve the singular identity and trust associated with their brand.

Escalation Strategies: From Takedown Notices to Litigation

Despite best efforts at proactive monitoring and voluntary takedowns, there are times when an infringer refuses to back down or a platform is slow to cooperate. In such instances, brand owners must be ready to escalate their issue. In the case of our client, a layered enforcement approach was devised to apply increasing pressure, while gathering evidence for potential court action. Here are the key escalation strategies that come into play when initial efforts falter:

  • Cease-and-Desist Notice to the Infringer: The first step is often sending a strongly worded legal notice directly to the offending party outlining the brand owner’s rights, the infringer’s unlawful actions, and demand an immediate stop to the infringement (including taking down listings, halting sales, and destroying infringing stock). It serves as a final warning before litigation. The notice would also reserve the company’s right to seek damages and costs, putting the person on alert that continuing the behavior could become very costly. Sometimes, these notices open the door to a dialogue; the seller might respond, offering to cooperate or revealing their supplier (which can lead the enforcement trail upstream to bigger operators).
  • Evidence Preservation: It is crucial to preserve evidence of infringement by gathering documentation of the online listing, saving webpages, and documenting any customer reviews or advertisements referencing the infringing product. Moreover, performing an undercover purchase of the infringing product becomes even more important if there is a chance of going into litigation. The product obtained can be analyzed, pictures can be taken of the packaging and branding to show side-by-side comparison with the genuine brand. If possible, the contents can be lab-tested to establish whether it’s a substandard or entirely fake formulation.
  • Civil Litigation – Injunctions and Damages: If the infringer remains non-compliant, the brand owner can escalate to filing a civil lawsuit in an appropriate Indian court. The primary relief sought would be an interim injunction, a court order restraining the seller (and any associates) from using the mark or any deceptively similar name, and from selling the offending product. While calculating damages in IP cases can be complex, the mere threat of significant monetary liability can pressure the infringer.
  • Criminal Enforcement and Complaints: Parallel to civil action, Indian law provides criminal avenues to tackle trademark infringement and counterfeit goods as well. The Trademarks Act, 1999 contains criminal provisions (Sections 103-105) that penalize trademark counterfeiting and falsification of trademark with imprisonment (which can range from 6 months up to 3 years) and fines.
  • Escalating Against the Platform or Intermediaries: In a worst-case scenario, if the e-commerce platform had not complied or if such infringements became rampant on the platform, the brand owner could consider legal action against the intermediary itself. In the case (Lifestyle Equities v. Amazon), the platform was held liable and made to pay heavy damages. To pursue this, the company would have to show that the platform did not act on clear notices, or that it was actively participating in the sale.

For other businesses facing similar issues, the key is to stay resolute and use all available legal remedies. In India’s legal system, persistence and a multi-pronged approach often pay off when dealing with infringers who might otherwise try to exploit delays or loopholes.

Conclusion:

Brand misuse in foreign jurisdictions, especially on digital platforms, is no longer rare. In sensitive industries, even a single instance of infringement can endanger lives, erode consumer trust, and damage years of brand-building.

This case was more than a one-off win; it provides a blueprint for navigating trademark protection in global, high-stakes markets. A structured response rooted in early investigation, legal strategy, and regulatory engagement can deliver timely results and prevent further escalation. And where voluntary compliance fails, the Indian legal framework offers various remedies to hold infringers accountable.

For businesses, the lesson is clear: brand protection is not an afterthought, it is a core business risk strategy. With the right approach, even the most complex infringement can be tackled effectively.

Ultimately, brand enforcement is not just about stopping an infringer. It’s about safeguarding the integrity of your product and the safety of the people who rely on it. That principle applies across sectors and across borders.

Authored by:

Mohit Porwal, Associate Partner

Krupa Vyas, Associate

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.