Wrongful use of trade name for attracting customers
Deepak Nair
(Querist) 30 November 2012
This query is : Resolved
Dear Sirs,
My client is an authorised dealer of well known car manufacturer.
An independent aganet, who is not at all related to us, is spreading a wrong message through e-mails, and social media that they have entered into a deal with my clients and ordered vehicles in bulk, and they are offeriong vehicles on huge discounts. The said information is utterly wrong. My client's are getting many calls from customers and also from manufacturer regarding the same under the impression that my clients have done it. As a detenrent measure, i sent a legal notice to the agent asking him to stop this practice, but for no use.
Please let me know what legal action can be taken against such person.
I suggested the dealership that they can issue a public notice in news papers that they are not related to the agent and the customers shall deal with him on their own risk. I have the following querries.
1. Apart from paper notice, is there any possibility of filing any suit against him?
2. Is a suit for passing off under Trade Mark Act 1999 advisable?? (But, there is no monetary loss or business loss to my clients.)
3. Is there any use of filing a police complaint for defamation?? Can defamation be proved here?
4. Can any suit be filed for damages??
5. Any other remedy against this??
Please advise me on this.
R.K Nanda
(Expert) 30 November 2012
1. u can file petition u/s 66 A of IT act in
magistrate court.
2.no.
3.no.
4.yes.
5.file complaint in cyber crime cell of ur zone of ur state.
Raj Kumar Makkad
(Expert) 30 November 2012
1. You can not only file a criminal case under section 66A of Information Technology Act but can also file a civil suit for injunction and damages.
2. Indirectly your firm has lost its business when the customers have confronted it in the name of such advertisement made in their name by that fraud personality so you may also file a civil suit to that effect.
3. Police complaint can be got filed as your name is being falsely used by such person for making frauds and inducement.
4. Yes, as replied above.
5. Move ahead otherwise some persons may stand against your client and even manufacturer may cancel his agency if such action is not immediately stopped.
Deepak Nair
(Querist) 01 December 2012
Thank you sirs for your vlauable comments. The provisions and relevancy of IT Act did not come to my mind at that time. Thanks for the apt reply.
R.K Nanda
(Expert) 02 December 2012
u r welcome.
