Basavaraj (Asst, Manager-Legal) 19 June 2010

Nature Of Copyright Infringement In Internet

Recently I joined in ‘COFFEE DAY’ Company at Bangalore as Executive-Legal.

When put our company name in Google search , right side of the web page contains that ‘Café Coffee Day! In Bengaluru/Hotels and down in small words http//timscity.com will beshowing. Nowadays it was stopped.

If you clink on that timescity webpage will open and show our Company logo with all other Hotels names with containing Hotels food stander d ratings, for us he has shown 3 points.

My management is asking me to send a notice to Google and Timscity for infringement of our logo as well as using our registered trademark ‘Café Coffee Day’ in their web page.

I think that that an in infringement t in the eye of law.

If you feel it is an infringement then which law will applicable whether Trade MARKS OR Design or Copyrights.

Please share your expertise sir.

Rgards

Basavaraj.r

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2 Replies

Suchitra. S (Advocate) 19 June 2010

Sir, I do not see any infringement in this. Your Company name is shown there for your own benefit. And How else do you expect them to show your company name? I do not feel there is infringement.

Kaushik Saha (Advocate) 19 December 2010

Sir,

Firstly, you have to ascertain under what provisions of law i.e Trade Marks Act or Copyright Act, your company Logo is protected. If you find that your company logo is protected under either of the above-mentioned laws, then you may think on brining action based on that particular or both of the laws, as the case may be .

Considering what you have said, it appears to me that the Logo of your company corps up every time along with a website address of other company, and that, in my opinion is infringement o your company's trade mark (if the same is registered) and/or violation of the copyright vested therein.