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deepak2312 (partner)     03 October 2014

Someone using my trade name

Dear Sir,

we are running a chain of 10  parlors in south India. started in year 2000 and got our trade name registered.

From last few days one ex employee of our salon started a new salon with same as our  name ( he changed one last alphabet )  at one kilometer from our our existing branch in Hyderabad, he is telling clients that it is opened by by the same company.

What action we can do under this circumstances?? a prompt reply will be helpful.



Learning

 7 Replies

Hardeep (Business)     03 October 2014

An action for Trade mark infringement lies. See S. 103 of the trade marks act. As a first step get evidence and lodge a police report . s. 420 of IPC may also hold.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

1 Like

deepak2312 (partner)     03 October 2014

Should we issue any legal notice first or approach police ? Can we mention section 103 in police complaint ?

Hardeep (Business)     04 October 2014

Approach police first. Proper sections are for Police to file in their chargesheet after investigations but you may cite them in your complaint.

1 Like

deepak2312 (partner)     04 October 2014

Thanks sir.

we have also added section 43(B) of Information Technology act , 2000 as he has also stolen data of our existing  clients. Is it ok ?

Hardeep (Business)     04 October 2014

Could be - but note that you may be required to provide prima facie evidence of whatever you are alleging. Else put that as a suspicion and ask for investigation.

S. P. ASHOK (Advocate Bombay High Court 8450920005 advocatespashok@gmail.com)     07 October 2014

Whether he got his trademark registered?

reeti shah (lawyer)     10 October 2014

Issue legal notice of infringement to him. If u have made any agreement with him when he was working under you then you can take legal action on the basis of agreement also.

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