Dear Sirs,
I have a peculiar situation.
A trademark is registered in the name of a registered partnership firm 'XYZ' which was initially formed by 4 partners (family members). With time, the composition of partnership changed due to death (and his will to include his legal heir) or exclusion or inclusion of new partners. Currently, the firm is being run by 3 partners out of which only one is the Original partner. The registered trademark was being used by another partnership firm 'ABC' (having members from the family only) by tacit/oral understanding. One of the partners of 'ABC' and 'XYZ' is same. The common partner is not one of the original partners of 'XYZ'. All the evidence of continuous use of registered trademark is in the name of 'ABC' and not 'XYZ'.
In sich a case, who can file suit for trademark infringement against third party infringer?
Thanks in advance.
Jitendra Bohra
