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sriman kota   17 February 2019

whatsapp query

I have mistakenly sent a whatsapp message without having certain proof to some of our customers, that a person x is selling duplicates of our brand. How to overcome this.


Learning

 3 Replies

NSV VARA PRASAD   18 February 2019

send the message regarding the same.

 

Akhilesh Sharma (Practicing Law)     21 February 2019

firstly u can inform him to stop selling duplicates of ur brand. If he/she still doing the same thing then you can file a complaint and fraud case on him.

Anaita Vas   16 December 2021

  • Inform the Seller about the Fake Product:  You must immediately contact customer support of the website through which the purchase was made and mention the product’s details and mode of payment. The complaint must have every detail about the date and time of purchase, transaction id, payment Id, Email confirmation, etc. The seller may take some time to conduct a verification regarding the issue.
  • Send a Legal Notice:  If the seller does not take any action even after receiving the knowledge of imitation or duplicate products, you can send a legal notice to the seller regarding the fake product. A legal notice must be sent after consulting with a consumer court lawyer who can draft a fool-proof legal notice which includes the issue, action sought, reply from the seller, and action required to be taken by the buyer on the basis of notice.
  • File a case in consumer court:  If the seller fails to initiate any action with respect to the complaint, the buyer can file a consumer complaint in the correct consumer forum. The customer can hire a consumer case lawyer to claim compensation from the seller. 
  • File a case of copyright infringement:  In case of a fake or imitation product, a case of Copyright infringement can also be filed by the original brand. A copyright infringement case can be filed under the Copyright Act, 1957. In such case, a copyright lawyer can help the original brand in filing a copyright infringement case.

 

Regards,

Anaita Vas


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