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Using company logo or name without permission

(Querist) 18 August 2012 This query is : Resolved 
Dear Experts,

I wanted know what if one company uses another company logo or its employee name for the sake of advertisement.which section / Law is applicable for this? Can we ask for monetary claim?
ajay sethi (Expert) 18 August 2012
read company law .
Anirudh (Expert) 18 August 2012
If you feel that any company's logo is being misused by another company, then the aggrieved company has to first give a notice to the infringing company to desist from doing so.
It is only the other company does not desist from doing so, then further course of action can take place. Otherwise not.
Devajyoti Barman (Expert) 18 August 2012
If the LOGO is registered Trademark then you can file injunction to restrain its use under Trademark Act.
Bhagyashree Purandare (Querist) 18 August 2012
Thanks to all Experts

Warm Regards
Bhagyashree
Guest (Expert) 18 August 2012
Claim of Logo would be valid for only that company, whichever has already registered that in its own name. However, if the logo is unregistered, any company providing proof of being the prior user of that can exert for the claim.

As such, the facts should first be checked before resorting to any legal action.


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