Anonymous
23 July 2010 at 21:35
i want to know that what rights are avaiable to owner of copyright if there is any breach by licencee ??
Madhav Madhur
22 July 2010 at 17:19
My late brother was working in an MNC Gurgaon. He was died in an accident. Group insurance claims and other amounts are due at his company. Now his company have transferred some due amounts in his salary account by mistake. But it's not a feasible process to transact the amount in deceased a/c, since none of his family member can transact the amount from his a/c. So I have requested deceased's company to revert back this amount from his salary a/c (its a corporate a/c) and should pay to nominee (his mother) only by cheque. But his company denied to revert back the amount. Now what actions should we take against his company? Please help me.
Thanks-
Ankur
ANAGH MISHRA
15 July 2010 at 23:36
In 1985, Allen Chang and his brother Ben Chang established in Calcutta a Company: Chang Motors (P) Ltd registered under the Companies Act, 1956. The Company dealt with manufacture and sale of Luxury cars. They registered their trade mark CHANG MOTORS in 1987. The trade mark is shown below.
Over the years, due to vigorous use of the mark, as well as large amounts spent on advertisements, Chang Motors created for itself goodwill so strong that the consumers began to associate the mark CHANG exclusively with Chang Motors. Chang Motors sold its motors through out India, and had its own service stations in all major cities. It also had technical collaborations with automobile industries in many countries of the developing world.
In 1990, due to difference of opinions and clashes between Allen and Ben, Allen unilaterally reduced Ben’s share in the Company, as a result of which, Ben severed relations with the company and settled down in Bangalore.
In 2005, Ben established a company named Chang Spare Parts Ltd in Bangalore and became its Managing Director. It manufactured and sold Spare Parts for all vehicles. The trade mark CHANG was registered in 2006. The trade mark is shown below.
As of 2006, the financial statement of Chang Motors recorded the Company being worth Rs. 800 Crores, whereas the Statement of Chang Spare Parts showed a net worth of Rs. 20 Crores.
In 2007, Ben Chang was involved in a massive and much publicized auditing scam involving nearly Rs. 50 Crores.
Soon after, Chang Motors issued a Cease and Desist Notice to Ben Chang stating that his use of the mark CHANG infringed the trade mark and trade name of Chang Motors. The notice further claimed that the impugned mark was deceptively similar to the mark CHANG MOTORS and also, the products manufactured by Chang Spare Parts catered to the same class of users as that of the products of Chang Motors.
Upon receiving no response from Ben Chang, Chang Motors filed a suit for infringement of trade mark and trade name on the above mentioned grounds, and seeks injunction.
In the written statement, the defendants denied all allegations. They stated that the plaintiffs did not enjoy monopoly over the surname CHANG. Further, the products in question were registered in different classes. The defendant also claimed that they had established goodwill of their own in the city of Bangalore.
The suit has been instituted in the High Court of Bangalore. No other facts than the facts mentioned are involved in the dispute. the trademarks have been attached as under...!!! can ne1 pls help me with this cae..i mean how to go about with it !
rajeshtanku
15 July 2010 at 13:58
SIR ANY BODY SUGGEST ME , BY PURSUING DIPLOMA IN IPR GIVES ADDED ADVANTAGE FOR GETTING GOOD OPORTUNITIES IN COMPANIES AT ANDHRA PRADESH.
joaquim
15 July 2010 at 02:52
help
hi i am from goa. i live in a house which is 190years old and which is in landlords property. the thing is the house is about to break snice the walls are of mud and the land lord is not willing to give noc to renovate it in to a new house.and also my grand father had paıd 1800rs in 1955 and no written was taken.we have our name on 1/14 form as others right in tenant column, and the landlord have died leaving it to his sons. my first thing is how he is the landlord before our house was built or before 1818,
second how do i produce myself in court so i get the benefits of money which grandfather paid
help
rajeshtanku
14 July 2010 at 18:45
SIR
PLS ADVISE THERE IS ANY ADVANTAGE OF GOOD JOB ,IF IPR PERSUED.
mk
10 July 2010 at 23:32
Sir,
panorama is a registerd trade mark under class 9.he is dealing mainly dish antennas & electronic products since 1996.but other person using same name PANORAMA for computer hardvare and computer antennas.the second person using this name since 1995.but he didn't have any trademark.my question is that , the second person have any right to use this name for dealing computer acessories?
Anonymous
30 June 2010 at 13:15
Dear sir,
We have 46 registered tradmarks and copyrights.
We are a well known SUPER BRAND.
One company in Mumbai is using our registered trade mark as their domain name.
eg. bajajmotors@yahoo.co.in
We gave them cease and desist letter.
It did not work .They ignored.
We took interim injunction but they remained absent from court.
We have ex-parte interlocutory injunction with us.
Unfortunately in our plaint we didnot specify domain name thing we stressed on Sign boards,visiting cards,letterheads etc.
Even judgement shows that court relied on these only to issue the order.
court did not take in to consideration the domain thing.
Now how do we prove in court/what is acceptable in court as evidence,if we were to put on record that this company is using till date our name as domain name despite court's order/injunction??
Should we produce a print out with affadavit etc ??
Will this be admissible in court as evidence?/
What are other ways of ensuring/proving our domain name fact in front of the court so that court issues a restraining order for domain name as well??
Thanks
R.K
G. ARAVINTHAN
27 June 2010 at 07:05
One "X" company filed a trademark suit against me. I have filed before Intellectual Property Board that i am prior user and having documents to that effect.
I have also filed a detailed written statement in the suit.
Case not listed before Intellectual Property Board. But District Judge has made the case in trial- special list.
Can the suit be stayed till the order from Intellectual Property Board?
citation if any?
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