Indian website used our over 300 images with no permission
As we been collaborate in the past with an Indian company in Hyderabad , The company and their CEO , beside the fact that they still not completed their commitment to pay us the last invoice for services we provide them, the company is violating our rights for the our intellectual properties( images ) , despite we request them to remove our blogging from their websites since July 2016.
We provided them many notices , requesting them to complete the payment and to remove the images , they ignore our request and still using our images to generate income for their benefits , as we know that orders that received from our images , this company forward the another suppliers , including selling alcohol products as India have strong restrictions related to this matter.
We have saved all the emails we have together together with screen photos to all the images this Company placed in many countries ( over 300 photos are used and duplicate in countries we not even cover ).
This company cause us huge damage in our European market , together with customers which contact us from other countries , requesting to provide same product to areas we not have there .
I would like to know what could be the next steps that my company and I may do in order to place a law case against their CEO personally and/or against the company. We have all relevant documents , files, legal documents , emails , photo screens from all countries , to prove that this company was violating our rights !
We also wish to get any lead for legal step related to Intellectual Properties and know how the Indian justice system is dealing with this kind of activity from Indian companies .
Thanks in advance for your reply in our matter,
Asked in Intellectual Property from Slovenia
You need to file a suit to start with. Seek damages for the loss caused and seek a permanent injunction restraining the indian company from further using your brand and/or name. If the registered office of the indian company is within the main city limits of either of Mumbai, chennai, Delhi or Kolkata you may even have a scope of filing it directly in the High court, which would be advised in such cases, if possible.
if you have admitted dues pending to the tune of more than One Lakh Rupees, you will be well advised to file a winding up petition in the nclt( national company law tribunal). the proceedings are not going to bar each other if drafted carefully.
Have you issued a lawyer's notice from an Indian lawyer to the company? If the answer is in affirmative then you need to file a lawsuit for permanent injunction in the competent court to restrain the company from infringing your copyright further and to seek a mandate to remove the pictures from its website/blog. This is the only remedy that you have under the Indian legal framework
1. You have to file a suit for injunction to stop them from making unauthorised use of the photos.
2.In the said suit you can claim damages as well for causing you buness loss.
3. You can file separate criminal case of cheating also to put them under pressure.
4. Do note that unless you take civil and criminal actions agaisnt them you can not stop them from indulging in illegal activities and causing further loss.
1) contact a local lawyer and issue legal notice to company and its CEO to refrain from using images .
2) you can also claim the losses incurred by you from fraudelent use of your images for selling the indian company product
3) also claim amount due and payable by the indian company for services provided by you
4) if company fails to respond and clear your dues and continues to use your images file suit for injunction restraining them from using your images , claim damages incurred by you
1. You can sue the said CEO and the Company under Intellectual property act provided you can establish that you have the patent and/or ownership of said property which have been illegally used by them.
2. You can also file money suit in India claiming damage caused to you by the said CEO and his Company.
section 52 of copyright act does not permit to publish any literal work for commercial purpose. you can sue that company for infringement of copyright act and intellectual property rights.
1. you should file a civil suit for that infringement and compensation for the loss caused to you.
2. you may file a misc civil petition for the temporary injunction for not to publish those materials upto the next order of the court .
International business has increased tremendously over the past few years. Internet use has allowed people to access information from all over the globe. Luckily, many nations have formed international laws that provide global protection for all intellectual property.
International laws have been adopted by international organizations, treaties, and conferences to globally protect intellectual property. - See more at:
Criminal charges can be brought when there is willful or knowing infringement.
Criminal cases require a higher burden of proof: “Beyond a reasonable doubt.
Common factors affecting whether to charge a criminal violation include:
Organized Criminal Involvement
Public Health and Safety Concerns.
Commercial Nature of Violation
Amount of Loss & harm
There is protection for intellectual property around the world and you should use it to your advantage.
You can take action against the CEO as well as the company which have infringed your rights.
If your intellectual property rights have been violated abroad or on the internet, contact an attorney to learn more about your rights and defenses.
Indian judicial system will confine to the offences within its territory and not beyond that.
For international offences or the offences reported to have been committed in a particular country, you may engage an attorney of that country and seek relief as per the law of that land.