Using somebody elses brand name to sell own product without permission

905 votes

You can send the lawyer notice first to the persons who are using your name. Also has your product been copyright or only trademark or both. There is a famous case of proctor and gamble for the brand oral b.

Advocate Vineet Ashok Saraf LawRato

722 votes

Dear Client,
No body can use your brand name and sell products. Its infringment of Intellectual Property rights.
Further, have you registered your brand name and logo under IPR.
Its a primary evidence and you can claim damages from those who are doing this nuisence.
It would be great if you can drop your query with exact detail a or contact any of the empaneled advocates of LawRato.

Regards,
Expert Jurist LLP

Advocate JV Bhosale LawRato

739 votes

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.

Advocate Swaroopa Amit Desai LawRato

638 votes

Where somebody is using your trademark/ brandname without your permission, you must first address a cease and desist notice to such person, calling upon them to forthwith refrain from using your brand name.
Despite receipt of the notice, they fail to respond or continue to use your brand name and your trademark/ brand name is registered, you can consider filing a suit for infringement of the trademark. In such a suit, you can seek damages and permanent injunction restraining the infringer from using your trademark. You can also apply for interim relief of temporary injunction restraining infringer from using your trademark.
Where you have not registered your trademark, the suit you can file against the infringer is a suit for passing off, seeking damages and permanent injunction restraining the infringer from using your brandname. You can also apply for interim relief of temporary injunction as set out above.

Advocate Nikita Bhansali LawRato