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Remedies against frivolous cases registered against students by the Police
by: Adv. Kishan Dutt Kalaskar 2021-05-14 12:50:16
by: Adv. Kishan Dutt Kalaskar 2021-05-14 12:50:16
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Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
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Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
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Police Clearance Certificate
Validity of Crypto-Currency in India
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Points to be considered before filing an Income Tax Return
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Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
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Sexual Violence laws under the Indian Penal Code
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Division of Assets
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Types of Property
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Personal Injury - Damages
Adultery under the Indian Law
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Intentional Wrongs
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How to get a Marriage Certificate?
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Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
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Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
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Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
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Rent deference during the Pandemic
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The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
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The Special Marriage Act, 1954
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Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
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Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
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Debt Recovery provisions under the SARFAESI Act
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Transfer of Property Act
Personal Injury Lawyers
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Rights of Tenant
Classification of various Collar Jobs
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Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
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Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
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Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
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New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
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Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
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The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
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Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
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Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
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Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
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Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
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Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: admin
Date:19 March 2020
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Likes:0A Trademark is referred to as a brand or logo. A trademark is defined as a distinctive sign that identifies certain goods/services as those produced/provided by a specific person/enterprise. A trademark consists of the drawings, symbols, three-dimensional colours and also combination of colours. A trademark can be in the form of words, letters and numerals or the combination of the all the three. A trademark is used by the companies or traders or any firms to distinguish their goods or services from the other companies or traders or firm (who are competitors). It is often observed that the trademark is used by the consumer to make his choice while buying any goods or availing services as there are some expectations with the quality of that particular trademark. Any person who claims to be the owner of a trademark has a right to apply for the registration of its marks. The registration of a trademark shall be for ten years. The registration can be renewed after paying renewal fees. Hence, the trademark prevents other traders from deceiving the consumer.
Cease and Desist Notice
A cease and desist notice is issued in an infringement case. Infringement is defined as the unauthorized use of a trademark. The unauthorized use of a trademark leads to confusion, deception or misunderstanding about the goods or services of the actual company. Infringer means someone who has violated the rights of an individual or an organization. The cease and desist notice must be sent through a registered post to the infringer(trader or company or firm or an individual) who has been committing an act of infringing the rights of the trademark holder. The cease and desist notice acts as a formal request to the infringer (receiver of such notice) to stop and not continue with the act of infringing the rights of the trademark holder (sender of such notice).
The cease and desist notice consists of a detailed description regarding the adverse effects faced by him due to trademark infringement and a timeline within which the receiver must stop or discontinue to use his trademark, etc. A cease and desist notice must also include the warning that if the infringer does not stop or discontinue his act of infringing the rights of the trademark holder, then it will result into the initiation of the legal proceedings against the infringer.
Effects of the Cease and Desist Notice
The effects of sending a cease and desist notice to the party who infringes the right of the trademark owners are as follows:
Case Law
Pest Control (India) Private Limited Vs Pest Control Innovative Private limited
CS (COMM) 258/2016
Delhi High Court- 2nd May 2017
The Pest Control (India) Private Limited had registered its trademark ‘PCI’ in the year 1984under Class 5. ‘PCI’ was not only the Trade name but also the Trademark, House Mark, Service Mark and Trading style since its formation. ‘PCI’ has also been duly registered as a Copyright because it qualifies as an original artistic work of the Pest Control (India) Private Limited. It is also considered as a well-known mark within the Trade Marks Act 1999.
In June 2013, it came to the knowledge of the Pest Control (India) Private limited that the Pest Control Innovative Private limited is using and providing services with an identical and deceptively similar trademark. On 5th June 2013, a cease and desist notice was sent by the Pest Control (India) Private Limited to the Pest Control Innovative Private limited. On 27th August 2013, a reply to the cease and desist notice was filed by the Pest Control Innovative Private limited denying the infringement activities.
The Pest Control (India) Private limited filed a case against the Pest Control Innovative Private limited for relief of permanent injunction, restraining the infringement of trademark, copyright, passing off, delivery up of goods, rendition of accounts of profits and damages of Rs.20,01,000/-. On 18th February 2014, an ex-parte ad-interim injunction was granted in favour of the Pest Control (India) Private limited against the Pest Control Innovative Private limited restraining them from using the Pest Control (India) Private limited’s registered trademark ‘PCI’ or any other deceptively similar trademark for its products. The Pest Control (India) Private limited proved that the Pest Control Innovative Private limited had copied their trademark and Copyright.
The Court granted a permanent injunction in favour of the Pest Control (India) Private Limited. The Pest Control Innovative Private limited was also directed to destroy all their goods and any other infringing material bearing the ‘PCI’ trademark or any other deceptively similar trademark. The Court awarded a sum of Rs. 15,00,000/- to the Pest Control (India) Private limited as damages. Hence, it was held that the use of an infringing trademark by the Pest Control Innovative Private limited had caused injury, loss and damage to the name, business goodwill and reputation of the Pest Control (India) Private Limited.
Conclusion
The cease and desist notice is considered to be one of the effective ways in which the matter can be settled amicably. Hence, before initiating any legal action, a cease and desist letter is issued so that the party does not continue to use the infringed trademark. If the infringer does not stop or discontinue to use the trademark of the owner, then the trademark owner initiates the legal proceedings against the infringer.If the trademark owners are of the opinion that their trademark has been infringed by any other person, then they can take legal action. If it is proved that the trademark has been infringed, then the Court can prevent the other party from using such trademark and can award monetary relief to the trademark owner. Hence, the cease and desist notice helps in preventing the infringer from continuing to violate the trademark of the trademark owner.
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