Advocate M Abhijnan

Questions Answered by Advocate M Abhijnan

Q: Product are being sold under same trademark by foreign co. in India

There is a Japanese company selling products in India with a brand which is registered under my name in India. Products belong to same class which I own the Trademark in. Is it legal if they keep on using the trademark without my permission r being an owner of trademark in India, I can sue them?

Advocate M Abhijnan answered
A suit for permanent injunction can be filed at this stage which would restrain them to sell the products within the territory in which your Trade mark is registered. The suit can be filed in the High Court along with the damaged.

Q: Trademark already registered can I use one the of the words from it

Suppose a product with the name Rahat Oil is having trademark. Then is it possible to get trademark for Rogan Rahat Oil OR Rahat 555 If no then please let us know the reason for the same and also what can be alternative way to keep name so that name contains "Rahat" word.

Advocate M Abhijnan answered
You will have to file a fresh Application in case of any variation in the Trade Mark registered. The reason being that the Law says that in case of any variation in the registered Mark, the owner has to file a fresh Application. In case the owner doesn't do so, no right can be claimed subsequently.

Q: Want to publish book "instagram dairies" can there be any objection

We are a group we post our work on instagram application now we want to publish a book and we want to keep name of the book as "instragram dairies". My question is do we require any kind of permission from instagram for using the name or we can use it without any permission and if we are required to take permission what the legal steps to follow.

Advocate M Abhijnan answered
You will have to take prior approval from Instagram since they are the owner of the Trade Mark2645946 41 INSTAGRAM 1683 INSTAGRAM, LLC 1601 Willow Road, Menlo Park, California 94025, United States of America. Accepted & Advertised APPLICATION DATE : 19/12/2013 USER DATE :GOODS/SERVICES : Providing computer, electronic and online databases in the field of entertainment; electronic journals and web logs featuring user generated or specified content; publishing of electronic publications for others.

Q: Can i file RTI against private firm?

Cani file RTI against private firm?

Advocate M Abhijnan answered
No, one cant file RTI against any Private Firm or organization, the reason being that it doesnt fall under the definition of Public Authority. You can take the help of private detective in order to get your documents.

Q: How can I apply for the copy of bank statement of opposite party ?

For an ongoing alimony case in which the lady has reluctantly provided passbook of her S/B account in bank.to FamilyCourt. the Respondent approached the bank to provide full statement of the accounts.under RTI act as the matter was now public. The bank refused saying this matter was concerning two individuals and so RTI act did not apply. They indicated if court ordered they would provide but in such cases courts are reluctant to pass such orders stating 'privacy' of even an accused individual. So how to get copy of the account statement

Advocate M Abhijnan answered
One cant get the Bank Statement of any other person by any legal means. One can try some illegal means in order to get the Bank statement of the opposite party. The Hon'ble Supreme Court has held in a recent case that any illegal act for the good cause or to prove something right doesn't construe an illegal act.Finally, by no means one can get the personal information of any other person, until and unless Court directs it.