violation if trademark and fraud on partner

anupam sharma (Querist) 13 March 2010 This query is : Resolved
a firm established in haryana has two partners who has 12 franchises to whom the firm has provided with the material for payment by cheques.but now one of the partners has opened a firm by the same name in ludhiana (punjab) and has further entices the franchises.the cheques with the former firm have bounced.

1.what are the remedies for the first firm???

2.is trademarks act violated???

3.can a cheating case be filed aganist both the cheating partner and the franchises ???

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Kumar Thadhani (Expert) 13 March 2010
Book him for cheating and forgery ,crimnal breach of trust,,using of false trade mark under INDIAN PENAL CODE,1860.

Raj Kumar Makkad (Expert) 13 March 2010
I concur with Thadani

anupam sharma (Querist) 15 March 2010
thanks.. but can the violation of trademarks act be alleged???? also can a criminal comlaint be filed alternatively with a FIR????

anupam sharma (Querist) 15 March 2010
and what would happen if such person is not a partener but an employeee with the firm and there are no proofs of his employment with the firm?????

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