Copyright infringement remedies

981 votes

Friend,
if someone is using your logo then we can help you in ensuring that they stop immediately.we can even try to get you compensated.You have two remedies civil as well as criminal.You can use both as well.Let us know.
Regards
Dr.Rishi Kulshresth,LLD
New Delhi

Advocate Rishi Kulshresth LawRato

681 votes

Hi. In the narrow conspectus of facts shared by you, assuming the logo is registered you can the sue the person for infringment and damages. In the event the logo is not registered you will have to establish prior user and then sue for infringment and damages.

Advocate Shreyans Singhvi LawRato

608 votes

Copyright laws provide certain exclusive rights to the copyright holder with regards to the copyrighted material. Use of any of copyright protected work without the permission of the copyright owner is copyright infringement.

Following remedial measures which can be initiated by you:
1. The first step could be to send a legal notice to the other party seeking to restrain the other party’s use of your logo unauthorisedly.
2. Even after getting the legal notice, the other party does not stop the use of your logo, you can have following kinds of remedies against infringement of copyright, namely:
3. Civil remedies
Injunction damages or account of profit, delivery of infringing copy and damages for conversion.
4. Criminal remedies
Imprisonment of the accused or imposition of fine or both.Seizure of infringing copies
5. Administrative remedies
Administrative remedies consist of moving the Registrar of copyrights to ban the import of infringing copies into Indiawhen the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.

Other than the above remedial measures you can at same time initiate action under The Trade Marks act for infringing the trade Mark if your logo has been given trade Marks registration and if the logo has not been given trade Marks registration, you can initiate action for passing off along with the remedies that can be initiated under copyright act.

Advocate Abhinav Jain LawRato

651 votes

If someone is using your logo without your permission then that is a violation of your trademark rights and you are entitled to take action against them. Such use may also amount to copyright infringement as well. You may send them a legal notice or directly file a suit against them based on the facts and circumstances.

Advocate Ishani Chandra LawRato

522 votes

You should send him the legal notice for infringement of your IPR and ask for damages. You can start civil suit against him for damages and injunction from further using him your logo. You can also go for mutual settlement with him after arriving on an agreement.

Advocate Rajesh Kumar LawRato