Advocate S Parvadavardini

Questions Answered by Advocate S Parvadavardini

Q: if copyrighted material is shared with other users in app,

Our team is designing an app/website that can make notes based on the pdf we input into the software. The user will input textbook into the software and the notes will be generated as output. The notes can be viewed only within the app/website and cannot be shared outside. But there is an option to share the notes within the app to friends (the user will share link and the friend should accept and pay to view the output files) . Will there be a legal issues for my team, regarding sharing notes if the pdf material is copyrighted?

Advocate S Parvadavardini answered
In the notes that are being generated, you must ensure that, there is verbatim copying from any PDF material being uploaded. If there is need, ensure the source is mentioned in the notes. Further for your caution, please specify in your terms and conditions that if there is any plagiarism in the pdf material uploaded, the liability for the same shall entirely lie with the user uploading such material.

Q: Someone trade marked my company name to their product

Sone has recently applied trade mark with the name which i am using as private limited. For Example My company name is jiikl private limited some one else has did trade mark Neom jiikl But I have nearly 19 trade marks in different classes under the name example jiiklSome recently made under different class which I did not apply with my name neom jiiklTell what to do and the chances to get if I object them

Advocate S Parvadavardini answered
You can send a notice for infringement of your Trademark or passing off, depending on the registration status. But you would stand a strong chance if you have been using your mark for a very long period of time. Secondly, you would have a stronger ground if the infringing mark is used over goods or services related to yours.