VIKAS WALIA (LAW OFFICER ) 26 July 2010
Hi there ! In case of violation of copyright and trademark of a single article/ product by the same party, then shall it be ok to file single suit under trademark act and copyright act, or two separate suits under the said acts would have to be filed ?
Shaikh Aqueel R. (Advocate) 28 July 2010
File a single suit before district court
Mr. Vikas,
You may file single suit for infringement of Trademark and Copyright as composite suit where registered proprietor resides or caryying on business as Sec. 134 (1,2) of TM ACT and 62 of Copyright Act but if you are not registered proprietor, in that case you will have to file a suit where infringer resides ir selling the product as per Sec. 20 of CPC. in which you may include copyright prayer.
Kindly see the latest judgement of S.C.
Majeed KM (Lawyer) 11 November 2010
Hi Mr.Metha,
shailendra (advocate) 02 April 2011
Sir,
For single article, you own TM as well as Copyright. Therefore no need to go for more than one suit. one thing you should no that TM servives for 10 years and afterwards it requried renewal. whereas, Copyright survives for 50 years. Therefore it is good to combine both in one suit.
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