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Rajat Saxena (Business)     29 February 2016

John doe orders - trademark violation

I am a shopkeeper selling goods of various brands. Without my knowledge some of the goods I was selling were duplicate goods of reputed brands, though I have all the original bills of my purchases from other traders/shopkeepers. The company whose trademarks have been violated are trying to implicate me and several other shopkeepers based on a "john doe" type of court order. Am I liable in a  situation like this, where I was merely selling what was sold to me by other traders/shopkeepers?
 

Rajat

 



 3 Replies

jyotirmaya behera (advocate)     13 March 2016

What is your query,  clearly indicate

Rajat Saxena (Business)     15 March 2016

Sir,

As a petty shopkeeper I am selling 100s of different brands and varieites. One of the brands has put a large claim on me that I am selling infringed items of their brand, and they have examined the goods in my shop and found it to be so. I am planning to contest in court on the premise that I have maintained my bills for whatever I have bought from the respective trader in good faith, and I was not aware of the infingement claimed. Will I win the case based on this premise.

Rajat.

 

jyotirmaya behera (advocate)     21 March 2016

1st you have to prove that you brought all those goods from a traders ( bill from traders is the evidence)

2nd you to prove that the traders have the license for that product and between the company and traders made the agreements. Without agreement the trader can not sale the goods of a company and most have license.

What is the composition of a product that you are purchased from the traders and you are marketing the said things. You are unaware about all these.

You can sent a legal notice to trader regarding this issue and can claim compensation.

 

Jyotirmaya Prasad Behera

9132319262

 


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