Advocate Divyang Chandan

Questions Answered by Advocate Divyang Chandan

Q: Can there be trademark issue in franchisee business

We are running a Fast Food restaurant under a franchisee model. Now we want to carry out business independently. We want the name of the business similiar to the one existing of the franchisee. We operate the firm as propreitoriship, soon we will be registering as private limited. Our concern is will there be any trademark issue with the franchisee name. If yes, what is the best alternative. At present Franchisee Name: "Cheeliza" Company Business Name: Ruchi Foods Plaza Pvt. Ltd. Our planned outlet Name: "Cheezilla" Company Business Name: Kirti Foods (Kirti Group Pvt. Ltd.)

Advocate Divyang Chandan answered
Trademark issues in case of franchise agreements are common. It would be possible to comment on the matter after legal vetting of the franchise agreement. Although as per industry practice it is likely that the IP would not be exploitable by the franchisee after termination. Such usage may invite trademark infringement litigation.

Q: My Trademark (Unregistered) is used by other party without consent

I was owning a fast food restaurant at Thane , I trade marked it with (KHAO GALLI ) under class 43. I ran it for 2 years and then decided to sell the business. Since premise was on rent, I got a buyer and introduced him to the owner. They agreed for the new agreement and I cancelled my agreement. New owner now has active agreement for that premise with different name (not Khao Galli) , however they are still using my trade name "KHAO GALLI". We had agreed that I will sign business agreement with them to transfer all rights,but same is still not done, and now they have started renegotiatig deal value which is unfair. What happens now ? Can I complain against them as Trademark is still on my name , even though they have rental agreement with other name ? Also can I set up restaurant at other place without their legal issues , since trade mark is still on my name? Note- Trade mark currently shows online as Objected , as there was a query few months back,but already submitted legal reply

Advocate Divyang Chandan answered
The present status of the mark in question needs to be anaylysed. The business transfer agreement needs to be vetted, if it was executed. It would be prudent to comment on this after doing the same. In any case you would be able to resort to the common law remedy for passing off against the infringement. The same would have to be determined after detailed analysis of the matter.

Q: Harassment by company can I take any legal action against them

Dear Sir, I am working in PSU (Public Sector undertaking) company and my work profile is touring. But unfortunately my company keeps me always out of station (approx 290 days out of 365, some time more than that ). Now my family is suffering a lot you can understand easily. Last time I denied to go outside because I just came from 2 months tour then company gave me Memo on that issue. I was surprised and then went again. My wife wants separation now. Please tell me any Indian law ,constitution or any supreme court judgement who give me right to stay and live with family. Any minimum Rights ??

Advocate Divyang Chandan answered
The information provided isn't grossly insufficient to render any legal opinion or offer comments on the matter. It would be necessary to review the employment contract and other documents like offer letter et al.

Q: What kind of agreement should be signed between partners in startup

We are a startup where 2 are promoter and 3rd partner is just to provide technology support and won't interfere in business or day to day activity. 3rd partner will be Co-founder with minimum stake, as he is just providing technology support. What kind of paper work we should get into. We are in process of company formation where first two partner are Director and main promoter. Kindly advice.

Advocate Divyang Chandan answered
The information provided is grossly inadequate to comment on the appropriate corporate vehicle for your startup. Detailed information regarding long term objectives like raising capital, degree of compliance involved et al would assist in deciding whether a General Partnership, LLP or Private Limited company is appropriate.

Q: Is doing freelancing jobs along with full time employment illegal?

Hi, I am a full time permanent employee of a product based IT company in Pune, India. I have started doing freelancing jobs from last year through a online freelancing website. I would like to know if this is legal or not.

Advocate Divyang Chandan answered
It would be necessary for the provisions of the Offer Letter, Company Policy Handbook, Employment Agreement et al entered into between the IT Company and you to be legally vetted before commenting on the matter.