Advocate Swaroopa Amit Desai

Questions Answered by Advocate Swaroopa Amit Desai

Q: Using somebody elses brand name to sell own product without permission

some people use my brand name and it manufacture fake product and sale fake product in market..without my permission and information...how can i take action on those people and which case fill on those people

Advocate Swaroopa Amit Desai answered
Hi. You must not tolerate this as it is hampering the basic essence of TM. You can serve a legal Notice upon infringing party. If they do not restrain, you can initiate a legal proceeding against them. In this you can ask for permanent injunction and can claim damages.

Q: Procedure to apply for Copyright of Music Distribution

Hi, I'm an independent music composer and producer. I'm thinking of getting my music distributed through a distribution platform called CDBaby https://www.cdbaby.com/ I want help in understanding the different music laws that I need to be aware of and also I want to understand the various services they offer as I'm having a hard time understanding them due to my lack of familiarity with the laws. Also, I need to know that if I am the producer and composer of a song; where the tune is composed and arranged by me, am I entitled to be the sole copyright holder of the song? Considering that I have payed the singer or the instrumentalist for their time and effort on day of recording? I am asking this because there are a few songs I have composed which are sung by a different artist and I have credited them as singers and performers and paid them for their service. In such a scenario, what precautions should I take to avoid any possible disputes in the future?

Advocate Swaroopa Amit Desai answered
Hi. You need to contact an IPR lawyer precisely a lawyer well-versed with copyright laws. You can sign a contract between distributor and yourself which is essential. There is nothing as music laws however you must get yourself protected with the help of copyright laws and contract laws.

Q: Procedure for registration of Trademark

pls anybody can help me out to how to register trademark and what are the document required to register it with cost of regiistration

Advocate Swaroopa Amit Desai answered
Hi, The TM Application process is pretty simple and beautifully elaborated on the Government website for IPR i.e. www.ipindia.nic.in including the forms and fees. The government filing fees would be 5000-9000 Rs. depending upon the Applicant. However, it would be prudent to engage any TM agent /lawyer. Thanks

Q: Use of image by a restaurant without permission

Hi I'm a model and recently I have come to know that my picture is being used on a hotel menu card and I was not informed about the use of the image. What measures can be taken to get my deserving revenue from the image that is being used. Please guide me to what can be done.

Advocate Swaroopa Amit Desai answered
of course, you can take an action against the hotel owner, on three grounds: violation of publicity rights, invasion of privacy, defamation, etc. You can send him a notice and ask for compensation as well.

Q: Procedure to change name in educational certificates.

Sir, My name in all education documents like LC(leaving certificate), marksheets of boards exams is only AMOL without surname. I am going to complete graduation next year and will take admission for post graduation. How to change my name, so that i will get full name in post graduation which is Amol Khade. I am facing problems please guide me.

Advocate Swaroopa Amit Desai answered
Hi. You can simply do this following these three steps. 1. Approach your local lawyer and make an affidavit regarding change in name, you need to specify reasons. 2. Publish in local newspapers, regional and national. 3. Gazette notification, publish in your State gazette.