firm name copy right
raj
(Querist) 12 November 2010
This query is : Resolved
sir, my cousin had a firm with two partner. name of firm is gopal vision after two years my cousin has started his own firm seprately with name of new gopal vision.so his previous partner has noticed him for copy right. what is the acutal law and what should we have to do?
R.Ramachandran
(Expert) 12 November 2010
Dear Raj,
If the original partnership firm is continuing, and when your cousin resigned from partnership if he had not reserved his right to run a business with the same name, then your cousin cannot have the name. The partnership firm is right in objecting to the use of the same name.
raj
(Querist) 12 November 2010
thanks but his has changed firm name new gopal vision.ple give me more calrification.
R.Ramachandran
(Expert) 12 November 2010
Dear Mr. Raj,
I did notice that your cousin had kept the name as new global vision. But still the partnership firm will be able to succeed by saying that the name is so deceptive as to pass on as the original name of the Firm. According to me, your cousin's position is not that sound.
raj
(Querist) 12 November 2010
very nice answer. but in Gujarat Mr.Patel,Mr.Modi were two partner of Cadila pharma.
After one decade one partner have started new company Zydus Cadila. new today both companys are working with the name of cadila pharma and Zydus Cadila.
R.Ramachandran
(Expert) 12 November 2010
Sir, did any such issue was raised by Cadila Pharma against Zydus Cadila? Whether in spite of such objections still the Court permitted Zydus Cadila?
Devajyoti Barman
(Expert) 12 November 2010
The Firm can not raise any dispute if the partner starts such business under the same trade name if-
i) he resigns from the original firm by that time,
ii) there is no clause in the partnership deed that the resigning partner can not make business with the same trade name and
iii) most importantly f the trade name of the first firm is not registered under The Trademark Act.
vinay sonpal
(Expert) 13 November 2010
The real issue is whether the new gopal vision is doing the same business as of gopal vision. It appear it does. Then in that case the act of the other partner is prima facie violative of the Indian Partnership Act and usual terms of the partnership, leave apart the law of copy right. The bottom line is that the partnership is a relationship of agency and any act of a partner in the type of business carried on by a partner is deemed to be the business of the partnership and all partners are entitled to profits and liabilities, subject to the contract to the contrary.As per section 11 (2) prohibition of a partner to carry on a business other than that of the firm while he is partner is not hit by section 27 of Indian Contract Act.The act of your cousin is also hit by section 16 of the Act inasmuch as your cousin is liable to account for the profit he earns from his other business which is in the nature of the business of the firsm. As far as Cadila is concerned there ought to be an agreement that the demereged group will use part of the company's name otherwise alert corporate group would not miss to hit.
Advocate. Arunagiri
(Expert) 13 November 2010
What is the legal status of the firm? Whether it is registered?
If any partner quits what is current the status of the partnership firm?
Sri Vijayan.A
(Expert) 13 November 2010
I agree with Mr.Vinay,
In general, the partners can object
raj
(Querist) 14 November 2010
But they have registered company on 13/7/2010 and my cousin had resign before one week. after three days my cousin has started(on 16/7/2010) new firm as name of new gopal vision. in the notice issued by them, they have registred name only gopal and logo. I want to give some more example reliance industries both partner now Mr. Mukesh amabani And Mr.Anil ambani use Reliance word in their company's name so give me guidence on that issue.
