trademark registration
Querist :
Anonymous
(Querist) 22 January 2011
This query is : Resolved
hi,
i'm a law student, and i've few doubts in the moot problem i'm attending.
1) the petitioner, lives and runs business at Delhi, as well the guy who infringed her trademark also lives in Delhi, but the website in which he published his designs belong to a person at Mumbai, as well the advertisements for the website containing the alleged trademark was also placed as holdings in Mumbai as well published in Mumbai local papers. Now the petitioner files petition at Mumbai high court, is the jurisdiction valid??
2) The symbol or sign the petitioner uses in all her product is an image, similar image does the respondent use in his product too. now the petitioner claims damages stating it to be infringement of her trademark, though she has not registered it. is her claim right??
R.Ramachandran
(Expert) 22 January 2011
If you are going to take part in Moot, naturally you would have studied the subject.
Have you researched on the question yourself so far.
If so, what does your research show.
Please share that with us, so that we can confirm whether your finding is OK or not.
Without doing hard work, there is no point in attending any Moot.
In fact Moot is arranged only to prepare you in the subject. But it seems that instead of working, you want an easy answer. By providing you ready answer, we will only be harming you and your career, which sin, I do not want to commit.
Querist :
Anonymous
(Querist) 23 January 2011
hi
i'm not here 2 make my work easy.
there is so much i've researched on.
these doubts r bugging me
so wanted some expert advice over it.
i know on s.134 of trademark act as well passing off action.
just wanted 2 confirm my doubt wit some 1 who knows the subject better. so posted here
(these r not the only two issues i'm talking about in the entire moot. have copyright and other stuff which i'm fully done. please stop accusing me)
R.Ramachandran
(Expert) 23 January 2011
Dear Anonymous,
If you have done extensive research on the subject and yet are entertaining the above basic doubts and these doubts are bugging you, it only means that your research is inadequate. Please do some more extensive research. No one is accusing you. We only said that as a student looking forward to taking part in a moot, you should do your research first, state what does your research say and if still left with any doubt you must ask the query. Still you have not stated that what your research say to the query posed by you.
The fact that you may have several issues / subjects that you have to attend to in the Moot would not in any way dilute the requirement for extensive research by you.
All the bests.
