Advocate Biswadev Chattopadhyay

Questions Answered by Advocate Biswadev Chattopadhyay (25+ answers)

Q: Copyright lawsuit from USA court, florida

Dear sir/mam,I'm a freelance illustrator. I uploaded my designs on redbubble marketplace and they printed and sold it. On April 2024 I recieved a email from grumpy cat limited saying they had filed a lawsuit against me and 250 other redbubble shop owners for infringement of copyright. But we didn't use their design, just mistakenly used the tag "grumpy cat". Now we receive a email from us court saying we are served and have to pay $100000. What do I do?

Advocate Biswadev Chattopadhyay answered
Hi, since you have received the courts letters the following things should be done:Check if it is a Cease and Desist Letter (a warning) or a Legal Summons (lawsuit filed).Identify the claimant (who is suing you) and the alleged infringement (what work you supposedly copied).Verify the court jurisdiction (is it valid for an Indian resident?)It is better to seek professional legal advise for perusal of the documents and also to take your case forward.

Q: Can My Wife Claim My Property

Can my wife claim my property during divorce case? She is a Govt. Employee and we have no children. She always try to give mental pressure on me .

Advocate Biswadev Chattopadhyay answered
Maintenance can be sought by wives (including divorced wives), children, and parents in India. However for claiming property there needs to be a legitimate right title interest.Maintenance applies to all religions under Section 125 CrPC and under respective personal laws.

Q: Can I file an FIR against the government officers for tampering in my

Can I file an FIR against the government officers for tampering in my service book

Advocate Biswadev Chattopadhyay answered
Yes, an FIR (First Information Report) can be filed for tampering with a service book, as it constitutes forgery, a criminal offense under the Indian Penal Code (IPC) and the recent enactment of bnss.

Q: Will/ Probate/ Assent Deed/Partition Deed/ Proy Issue

What is procedure of making Assent deed after probate of will? Without Assent deed, partition deed, family property settlement deed, property mutation possible? Executor of will didn't want to make Assent deed, so in this situation what can do share- holders of the will? Can High court monitoring on making Assent deed for fair distribution of property between successors of will?

Advocate Biswadev Chattopadhyay answered
Yes, in India, an assent deed is usually required after probate, as it formally transfers ownership of the property from the deceased's estate to the designated beneficiary, legally completing the process. Probate is a legal process where a court confirms the validity of a will and appoints an executor to manage the deceased person's estate. an assent deed, in a conveyancing context, is the document that formally transfers ownership of property

Q: Licenses required for perfume business (no manufacturing)

What are the licenses required to start a small scale perfume business. I'm not manufacturing any cosmetic. I'll be blending essential oils and use ethanol to prepare the perfume and then sell it online and retail shops. Is CDCSO still necessary? What are the other licenses? GST reg, PAN card, MSME, FSSAI?

Advocate Biswadev Chattopadhyay answered
There are a number of legal compliances required to start the business of perfume. you need to register your business, obtain necessary licenses for manufacturing and sales, adhere to cosmetic regulations (like the Cosmetic Rules, 2020), and ensure proper labeling and quality control.