• Trademark infringement case by competitor by giving false facts of TM

We are into service /hospitality industry. Two and half years back one of our competitors filed a Civil case against us for Trade Mark Infringement. In his complaint, he gave two trade mark application numbers and mentioned that both are his registered trade marks. 

However none of these two were registered on the date of filing case. Both were under process at the time of case filing. One got registered after two months of case filing and another is pending even today. 

It seems to be a case or perjury. Can we take legal action against our competitor for giving false facts & statement before the court. If so what should we do? Original case is still running in local civil court.
Asked 12 days ago in Civil Law from New Delhi, Delhi

file detailed affidavit in suit proceedings that plaintiff has not come to court with clean hands and is not enttiled to any reliefs 

 

2) 

 is settled law that a person who approaches the Court for grant of relief, equitable or otherwise, is under a solemn obligation to candidly disclose all the material/important facts which have bearing on the adjudication of the issues raised in the case. In other words, he owes a duty to the court to bring out all the facts and refrain from concealing/suppressing any material fact within his knowledge or which he could have known by exercising diligence expected of a person of ordinary prudence. If he is found guilty of concealment of material facts or making an attempt to pollute the pure stream of justice, the court not only has the right but a duty to deny relief to such person.

3) This Court and different High Courts have repeatedly invoked and applied the rule that a person who does not disclose all material facts has no right to be heard on the merits of his grievance – State of Haryana v. Karnal Distillery Co. Ltd. (1977) 2 SCC 431, Vijay Kumar Kathuria v. State of Haryana (1983) 3 SCC 333, Welcome Hotel and others v. State of Andhra Pradesh and others etc. (1983) 4 SCC 575, G. Narayanaswamy Reddy (dead) by LRs. and another v. Government of Karnataka and another (1991) 3 SCC 261, S.P. Chengalvaraya Naidu (dead) by L.Rs. v. Jagannath (dead) by LRs. and others (1994) 1 SCC 1, Agricultural and Processed Food Products v. Oswal Agro Furane and others (1996) 4 SCC 297, Union of India and others v. Muneesh Suneja (2001) 3 SCC 92, Prestige Lights Ltd. v. State Bank of India (2007) 8 SCC 449, Sunil Poddar and others v. Union Bank of India (2008) 2 SCC 326, K.D. Sharma v. Steel Authority of India Ltd. and others (2008) 12 SCC 481, G. Jayshree and others v. Bhagwandas S. Patel and others (2009) 3 SCC 141 and C.A. No. 5239/2002 – Dalip Singh v. State of U.P. and others, decided on 3.12.2009.

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

Yes. The case filed against you seems to be false and frivolous. There is also a concept of prior time in use of the mark. You can take action against them. What is your stand in the civil suit

Mayank Sapre
Advocate, New Delhi
161 Answers

5.0 on 5.0

Dear Client,

Mere issuing file number dose not confirm registration of trade mark. and at the time when he filed suit,  trademark was not registered and suit is filed on false averments. Fie application for Prosecution for contempt of lawful authority.

Secondly, if he was in prior use of trademark without registration than such objections should be file before trademark registrar when your application for registration was published in the Trademark Journal for calling objection.

Have your TM registered ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
8241 Answers
7 Consultations

4.7 on 5.0

Hi, you can send a legal notice to the opposite party mentioning all the issues. And if the opposite party has filed the case  appear before the court and contrast the case. You can contact for detailed discussion

Regards Akash gupta advocate. 

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

As par the provision of Trade Marks act, an applicant for registration of trade mark can file an infringement suit provided the mark is registered before the hearing of the suit.

Hope this will be helpful in understanding the issue and it's legal standings.

Kallol Majumdar
Advocate, Kolkata
98 Answers

5.0 on 5.0

you can file complaint of perjury if false statements have been made on oath 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

Yes.

Yogendra Singh Rajawat
Advocate, Jaipur
8241 Answers
7 Consultations

4.7 on 5.0

No. You cannot take the perjury action at this point.

If the case has been admitted, you can be sure to a greater extent that everything is in order. Ideally, he had been using the trademark and had not registered it. But when he saw you infringing his trade mark, then he filed for registration (which is valid). So only way our is if you can prove that you were using it much before he did

What you can do is that, you have to prove that you had been using the trademark before your competitor, and that he has used your trademark and later registered just to file a suit on  you.

Sandeep Prakash
Advocate, Bengaluru
266 Answers
1 Consultation

5.0 on 5.0

Please refer to my answer posted earlier.

An applicant has a legal right to file infringement suit. So no criminal activity arises on part of your competitor unless you have not used the trade marks.

Kallol Majumdar
Advocate, Kolkata
98 Answers

5.0 on 5.0

Perjury can be filed only if you have evidences to prove that statement made by one party is false and untrue. Unless you dont have such evidences court would not even entertain your application.

Mohammed Mujeeb
Advocate, Hyderabad
5502 Answers
3 Consultations

4.5 on 5.0

1) Yes you can file perjury case against them and raising false allegations against you.

Ganesh Kadam
Advocate, Pune
6054 Answers
43 Consultations

4.9 on 5.0

Yes you can go with Sec.191 and 193 IPC, take immediate steps and also file defamation case claiming at least Rs.50/- Lac as compensation because it has effected your business and for mental agony.

Koshal Kumar Vatsa
Advocate, Gurgaon
1069 Answers
1 Consultation

5.0 on 5.0

1. See in your case the main issue would be previous use you have to contest the case based on facts that you have been using the trademark  before the plaintiff as the plaintiff may have also claimed for passing off along the infringement of trademark. So main issue to contest would be of prior use.  

Further as far if the plaintiff has wrongly mentioned in the suit that it is registered trademark and on that date it was not registered then perjury can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

You can file a perjury application against the plaintiff as it has stated false on affidavit and that is offence under Indian penal code.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

Yes you can take action against them for perjury and false prosecution

Prashant Nayak
Advocate, Mumbai
6126 Answers
5 Consultations

4.8 on 5.0

  1. As per the information mentioned in the presnet query, makes it clear that they have done something which is/ may not appreciated  by the court of law for sure.
  2. Yes, you are right that giving false statements would amount to criminal contempt of court.
  3. And it is filed in the High Court only being the court of contempt to its subordinate courts and on its own contempt also irrespective of the fact that whether the same case is pending before the lower court or not.
  4. But, for filing the criminal contempt petition, you will have to seek the permission/ approval from the criminal standing counsel for the state in the High Court.
  5. And it also carries a proper format for giving an application to the standing counsel of NCT (Criminal).

Rest, you are free to contact me through Kaanoon for any further legal assistance on this issue.

Sanjay Baniwal
Advocate, South Delhi
3416 Answers
7 Consultations

5.0 on 5.0

Since the case is not maintainable as per your version, first you get the case dismissed by fighting it back tooth and nail.

Once the case is dismissed then you can file a defamation case agaisnt them and seek a hefty compensation for defaming your name and spoiling your reputation in the society.

 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

No criminal case is maintainable even before the pending cases are disposed in your favor by the trial court.

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer