Advocate Suhasini S

Questions Answered by Advocate Suhasini S

Q: Consequences of not attending to trademark show cause notice

Two years back I filed for Trademark Registration. Trademark Registrar objected to Register my TM. I successfully Replied to his Objection and asking a chance to hear me if not registered. Recently, TM Registrar fixed a hearing(Show Cause Hearing). My Question is; 1. What will happen if I do not attend the hearing? 2. Whether they can take any actions against me for not attending the Show cause hearing?

Advocate Suhasini S answered
1. What will happen if I do not attend the hearing?If it is the first hearing date and you do not attend the hearing on the date fixed, then it will usually be adjourned. However, if you fail to attend the adjourned hearing also, then the Trademark application will be deemed to be abandoned for lack of prosecution. Your Trademark application will not proceed for registration and hence you will lose the opportunity to claim rights of a registered Trademark.2. Whether they can take any actions against me for not attending the Show cause hearing?There will be no legal actions against you for not attending the hearing. Your trademark application will be deemed to be abandoned, which in itself is an action against your Trademark. there will be no action on the Proprietor of the Trademark.

Q: Getting details from ISP provider based on the IP address.

There has been a cheating case (or case that cannot be disclosed). And we ourselves tracked the users IP address and nearby location. But we need to get the exact location of the user and address based on the information that ISP providers have. What is the fastest and legal approach to get this information. We have the time, date and nearby location of the ISP that provided the IP address to the user on a particular day. But due to large area to find this is difficult.

Advocate Suhasini S answered
If you think that you have been cheated through any of the scams, then you may lodge an FIR at the Cyber Crime Police Station and provide them the information you have regarding the ISP. They will further assist you in tracking the person/s. The ISP cannot provide you the information directly. However, the Police can obtain necessary information and assist you in this if an FIR is filed.

Q: Is using a non-genuine microsoft software a copyright infringement?

am using a non-genuine windows 7 software which does not require license(in my knowledge)...does that breach copyright laws of microsoft?? what are the copyright laws regarding copying or the cracking the original software in india??

Advocate Suhasini S answered
A non-genuine software means that it is a pirated version of the Software. Microsoft has software over all the versions of Windows OS that it releases including their updates. Using a cracked version violates the Copyright of Microsoft and hence, is illegal to use the non-genuine, cracked version of the software. Broadly speaking, When a person intentionally or unintentionally copies or uses the work of another creator, without his prior consent or permission, or any contract or license or assignment with the author, it amounts to infringement.When you buy a the original Windows Software, you are basically paying royalty and obtaining license from Microsoft to use their Software. They impose certain terms and conditions before you install the Software and you must agree to be able to install the software. Only upon agreeing to those terms you will be permitted to install and use the software. In India, Copyright is governed by the Copyright Act, 1957.

Q: Legal validity of buying a governemnt grant land with no mother deed

I own a govt. grant land near magadi main road. The previous owner had purchased in the year 1996. The layout was formed in the year 1993. It was a grant land for OBC in the year 1973. Is it safe as it has no mother deed?? They just issued me sale deed, Bkatha and paani and told that written paani acts like mother deed. I am planning to construct shops in that land. Moreover, the surrounding land has been developed to a great extent as people around have built houses.

Advocate Suhasini S answered
The sale deed contains the details as to how the Land has been transferred from the First Owner to the subsequent owners. This will give you sufficient information as to how the land has passed on to you.Since you are mentioning that the documents, etc have not been provided to you, you can approach the BDA or the Gram Panchayat (whichever applicable) and apply for copy of the documents.

Q: Case decided in 1994 can defendants sons appeal against it now

In 1994 my grandfather got court decree for 1 acre land. 2)1988 my grandfather implemented and mutation and got land passbooks&title deed. 3)Later my grandfather land give to my father . Later my father given to me.am cultivating that land . 4)In court 1987 My grandfather is plaintiff. Other person is defendant.Defendant is agreed.then Court given a consent decree for that suite. 5)now I went to court and I asked for certificate copies court decree.In that file defendant written statement missed somewhere. I taken certificate decree copy. Defendant died right now.defendant sons are there persent.defendant sons can appeal that decree. Note : judgement copies is there but defendant written statement missed somewhere in court records file.

Advocate Suhasini S answered
Almost 23 years have passed since the date of Decree. The period of limitation for filing of Appeal has already expired. Hence, the Defendants cannot go on an appeal against the Decree dated 1994 since the period of limitation to appeal has expired. Since there is no possibility for the Defendants to file Appeal, the question of missing Written Statement does not arise.