cpc

single suit under trademark and copyright


Hi there ! In case of violation of copyright and trademark of a single article/ product by the same party, then shall it be ok to file single suit under trademark act and copyright act, or two separate suits under the said acts would have to be filed ?

 
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File a single suit before district court
 

 
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Solicitor & Advocate Trademark Attorney

Mr. Vikas,

You may file single suit for infringement of Trademark and Copyright as composite suit where registered proprietor resides or caryying on business as Sec. 134 (1,2) of TM ACT and 62 of Copyright Act but if you are not registered proprietor, in that case you will have to file a suit where infringer resides ir selling the product as per Sec. 20 of CPC. in which you may include copyright prayer.


Kindly see the latest judgement of S.C.

 
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Lawyer

Hi Mr.Metha,

I  have seen your details in Lawyers Club India in which I am also a member. It is very useful both for public and lawyers. I am, Majeed  a lawyer no working in Abu Dhabi. Basically from Kerala but for the last 15 years I am here. It would be better to keep in touch to exchange mutual clients as per the requirements.
Wish you all success
 
Best regards
 
MAJEED KM
Legal Consultant
AL JABRI
Advocates & Legal Consultants
P.O. Box 45628
Abu Dhabi              
United Arab Emirates
Tel: + 971 2 626 9050
Fax:+ 971 2 626 9040
www.aljabrilegal.com
 
majeed@lawyer.com
majeedkm@hotmail.com
 
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Sir,

For single article, you own TM as well as Copyright. Therefore no need to go for more than one suit. one thing you should no that TM servives for 10 years and afterwards it requried renewal. whereas, Copyright survives for 50 years. Therefore it is good to combine both in one suit.

 
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