LawRato

Dispute with partner. If i get similar trademark done, can i stop him?


07-Oct-2023 (In Trademark & Copyright Law)

I and my friend has started e-commerece portal say www.abc.com. 8 months back. Now their is dispute between both of us and I am left with nothing, eventually with all his trick everything is under his control. My question is if now I buy a domain www.abc.co.in and get it trademark done. And once trademark is done can I give him notice of not to do business with www.abc.com domain name.

Answers (3)

Answer #1
555 votes
Hi, Going by what you have shared herein, it is advised that you may use the domain name if the same is not registered by your partner. Also please specify what documents your partner has in its possession in order to give more precise opinion...
Helpful? LawRato29+ LawRato
Advocate Ankur Aggarwal

Adv. Ankur Aggarwal

LawRato Delhi | 5+ Answers
Chat with Advocate Ankur Aggarwal Chat 
Answer #2
757 votes
My friend you have not given sufficient information in your query.But broadly, I can assure you that you cannot do whatever you have mentioned in your query. As per Law: If any specified domain name is very strikingly or confusingly similar to a previously registered domain name or trademark then firstly it won’t be registered but any accused domain name that has been registered, and is blatantly being used in bad faith will be removed from the register of the trademark/rectified. However In case you were a co-owner of the trademark in question then case can be studied for a possible solution/if not then certain other legal solutions can be suggested.
Helpful? LawRato49+ LawRato
Advocate Rishi Kulshresth

Adv. Rishi Kulshresth

LawRatoDelhi | 5+ Answers
Chat with Advocate Rishi Kulshresth Chat 
Answer #3
789 votes
Dear Concerned, Please inform as to who coined the said domain name and what is the documentary proof, including emails with respect to this fact. You can always apply for the registration of the said domain. You can also seek restraint orders against your partner from using the said domain name as the same also involves your rights over the goodwill etc.
Helpful? LawRato33+ LawRato
Advocate Avneesh Garg

Adv. Avneesh Garg

LawRatoDelhi | 25+ Answers
Chat with Advocate Avneesh Garg Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Trademark & Copyright lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato