Advocate Abhishek Chandra Mishra

Questions Answered by Advocate Abhishek Chandra Mishra

Q: Received mail for copyright infringement what to do

We are a small bakery. Received a mail from a international shoe/apparels brand owner that we have used their logo in our cake. Does it come in copyright infringement? If yes then how can we resolve this issue as we were not aware ?

Advocate Abhishek Chandra Mishra answered
Before commenting any further, we need to discuss the facts like what was the image you posted, how does that relate to the shoe-apparel brand, why did you make that logo on the cake top. Also need to see the image. Further, it may be an infringement of Trademarks and Copyrights of trade dress, which may be appropriately dealt with.

Q: How to get a license for selling TVand movie posters online

I want to know if i can show and print posters of TV Series and Movies on my website taken from google or similar sites. If not? is there any particular size that is allowed without breaking any copyright law. Still no then what is the process to get licence to these posters and print and sell them on my website?

Advocate Abhishek Chandra Mishra answered
Before adverting to your response, it needs to be examined whether the content to be published on your website falls within the safe harbor clause or not. Further, as per the recent judgments of Apex court even photographs are declared as entitled for copyrights protection. Hence, this concern of yours deserves a proper discussion before any conclusive opine.

Q: Can search engines algorithms be patented

Can Search Engine Algorithm be Patented in India or USA if it helps users perform better search than existing search engines

Advocate Abhishek Chandra Mishra answered
No computer applications cannot be purely be patented under Indian patents Act. However, it can be attempted incase it is merged with hardware applications. Therefore, it is imperative to create an amalgam of hardware and software operations so as to overcome the statutory embargo.

Q: Clarification on bailee making unauthorised use of bailed goods

Under section 154 of ICA, 1872, it is given that if bailee makes any unauthorised use of bailed goods, bailee is liable to make compensation for any damage arising to the goods from or during such use of them. So what is the liability of bailee, if he makes an unauthorised use of bailed goods but the goods were used in such a way that no damage is caused to them but still an authorised use of the goods was made. Now in this case, Can the bailee still be made liable for unauthorised use??

Advocate Abhishek Chandra Mishra answered
To my knowledge yes he can be subject to whether the use was criminal or civil. Additionally, even if there is no damage is caused but there has been breach of terms of bailment as per which bailee is a mere custodian of the goods bailed and unless categorically mentioned in the contract he can't use the goods for any purpose. Hence, the bailee is liable to be prosecuted under both civil and criminal proceedings.

Q: Bought a TV from snapdeal showing defects and not replacing it

I Purchased Micromax LED TV in Feb 2016 from Snap deal and since then I am facing problem. Every time it goes to repair center comes after 4/5 days and it remains ok for couple of days and again spot comes. Every time i ask for Replacement they just say its dust and they cannot give replacement .

Advocate Abhishek Chandra Mishra answered
Dear Querist,Before drawing any conclusion would like to know the following:1. Whether the first complaint was lodged within the guarantee/ warranty period. 2. Kindly share the copy of receipt and warranty card and receipt to ascertain the disputed amount.3. Whether your queries were attended by the company. Incase, there is deficiency in service on part of the company then you can file a complaint before the Consumer forum.