Govardhan (private employee) 25 June 2009

Lawyer notice to close the school

Dear Sirs,

I am having a school under the name of ABHYAS MODEL SCHOOL (Registered under Spoorthy Educational Society) recognized by Govt. of A.P.

Today I got a lawyer notice saying that his client is running the school on the same name & I have to close my school within a week from the date of receiving the notice other wise we will take civil or criminal action against you & charged Rs.10000/- for the lawyer fees.

Actually the lawyer's client's school name is - ABHYASA MODEL SCHOOL. It is a residential school also approximately 100 K.M far away from my place. I have not copied any logo or name or any thing of that school. Actually I came to know after receiving the lawyer notice only that one school is there on the name of abhyasa.

In my case the name of the school is different and not in the same place and also recognized by govt. of A.P.

As per the above details is there any liability on me? And what I have to do. I request you all please give me a solution in this regard.

Regards,

Govardhan J

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1 Replies

Prakash Yedhula (Lawyer) 25 June 2009

Mere resemblance of name alone would not give any right to the other party. It depends on the loss of reputation, the usage etc of the name to get some remedy under the common law, if the name is neither registered as a trademark or under the companies act. However, a proper opinion could be given only on perusal of the notice and your own usage of the name.