Legal repercussions of similarity in names of companies...
padmajairam
(Querist) 03 August 2013
This query is : Resolved
We all have heard of Tata's Tanishq jewellery.
My niece wants to start and name her own ( small outlet named Tanishq Fashion Jewellery.
Her logo is totally different from that of the titan - Tanishq and also, she plans to register it in Oman as a LLC ( Limited Liability company) in Oman.
Please guide on the legal repurcussions. can the Tanishq jewellery (of TaTA) sue her for copyright infringement ( due to similarity in name )? any case sightings where this is allowed ? please guide.
thank you all.
V R SHROFF
(Expert) 03 August 2013
Business persons shd go for paid consultation from ur Local Advocate.
u can afford it
Being commercial Queries, we have our own reservation to reply.
prabhakar singh
(Expert) 03 August 2013
I prefer not to answer commercial queries unless i am paid since motive of any business is PROFIT then it should get BURDENED WITH COSTS.
AM I WRONG?
padmajairam
(Querist) 04 August 2013
Dear esteemed panelists, i realise my mistake. i will go for paid counselling in this connection. However, i do owe you all an Explanation: since my niece is a youngster just married, no job and starting on a very small scale - only online shopping of her hand made jewellery ( not gold)only terracota and other beads items... very very low scale, but visibility will be there as she will post her hand made items (low cost) on facebook,the internet etc. she is actually no competition to Tanishq, but only similarity in NAME.
But, since i mentioned Oman - i think it creates an aura of a large rich business woman - its absolutely not the case. still, since you have made it clear that she will have to pay for your guidance - i shall convey the same to her. i can do nothing further - i was only trying to help a new entrepreneur start up something ...
thank you all for being forthright about this.
Regards
Padma
Sudhir Kumar, Advocate
(Expert) 04 August 2013
the query raised by you is not so simple. it involves study of IPR law and corporate law. The perspons giving advise may need many details. Such query if attempted on this website may not be as useful as in other cases.
padmajairam
(Querist) 04 August 2013
DEar Sri Sudhir Kumar,
Point taken.
I thank you for the same.
Ward regards
Padma
Vidhi Joshi
(Expert) 10 August 2013
Dear Maam,
Pls note that "Tanishq" is already registered by Titan Industries (Tata Enterpeise), it is suggested to look for another innovative name as you niece might get liable for infringement and passing off.
padmajairam
(Querist) 10 August 2013
Dear Clone_panvel - Thank you for the indication of infringement and passing off. I shall convey this to my niece. Kind of you to take out time to caution us sir.
Regards
Padma
