Advocate Roshni Lachhwani

Questions Answered by Advocate Roshni Lachhwani

Q: Advise for start up investment laws in India

Hi Team, I work for an IT Company. As per agreement an employee is not allowed to own a company. But if my wife wants to start a Pvt. Ltd. company, is it legal to lend money to my wife as loan ? Also can I buy bonds of this company and become major share holder / creditor for the same company? Also please let me know if there is any other way to be a major stakeholder in same company and not violating my current job agreement. Many Thanks, 

Advocate Roshni Lachhwani answered
Yes, your wife can be the director of a private limited company. However, we shall need to check yout agreement clauses to understand in detail and thereupon comment whether or not you can be a major stakeholder in a company owned by your wife. However, it is best recommended to discuss this concern with your company's legal team for a better understanding.

Q: Permission to play downloaded YouTube old Hindi songs in auditorium.

We are gr of senior citizen. Planning to play old hindi moovie songs downloaded from utube. WE are not charging or tickets. Pl advice.

Advocate Roshni Lachhwani answered
Use of copyright for personal use and without any commercial transaction involved for the same has been allowed under the fair use doctrine. However, it is recommended if you can play the songs directly from Youtube using the internet connection to avoid any unnecessary issues.

Q: Use of image by a restaurant without permission

Hi I'm a model and recently I have come to know that my picture is being used on a hotel menu card and I was not informed about the use of the image. What measures can be taken to get my deserving revenue from the image that is being used. Please guide me to what can be done.

Advocate Roshni Lachhwani answered
Hi, firstly it is important for us to understand the source of the image and the points of the contract you signed for clicking that image, if any. However, if this image has been clicked personally then you have the right to legally notify them of their illegal and unauthorised use with a demand for the removal of your image and/or an amount for use of the image.

Q: How to take permission from nintendo for using name in my startup

How to take legal permission from Nintendo for using one of their pokemons name as Brandname for my startup.

Advocate Roshni Lachhwani answered
In order to use any copyright belonging to another, you must seek permission from the concerned company. There shall be a charge attached in consideration for the license to use. However, in this case, the price could be exorbitant given the goodwill. Thus, would recommend to create your own character and goodwill!

Q: How to apply for a patent in India

I have a unique business idea which I want to get patented. How can I do the same? what will be the procedure and how much time it will take? How much will b the total approximate cost ?

Advocate Roshni Lachhwani answered
Business Ideas per se do not fall under patentability criteria for the territory of India.However, we can help you protect the expression of your business idea through various Intellectual property regimes which can cost much lesser than a patent application.