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Cyber Laws

(Querist) 12 December 2010 This query is : Resolved 
There is one company in US which is doing business through online portal such as for exmaple domain name of that portal is www.abc.com....In case we launch the same business model in India and also aquired domain name as www.abc.in or www.abc.co.in.....Then is this possible for the US company to restrain us from doing business in India.....and file a legal suit aginst us.....what are the legal complications and under which law......
Devajyoti Barman (Expert) 12 December 2010
If the trade name is Registered under the Copyrights Act then you could file case for injunction.
Praveen Kumar Tewari (Expert) 12 December 2010
I agree.
s.subramanian (Expert) 12 December 2010
yes
Ajit (Querist) 13 December 2010
Sir...The person who is doing business in US/Canada under www.abc.com has got this domain registered under trade mark and we are planning to do business under www.abc.co.in & www.abc.in.....and we have also applied for the regd of trade mark of www.abc.in & www.abc.co.in in India and our application is pending before trade mark office and my question is that is this possible for US party to restrain us from doing business in india and restrain us from launching website in India with www.abc.in or www.abc.co.in.....
Advocate. Arunagiri (Expert) 13 December 2010
You can not get the trade mark, the US company can restrain you, by getting injunction from the court.


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