• New business

"My husband is being sued for Brand Infringement by a brand for a compensation of 2cr , also NBW have been issued against my husband and shop premises has been sealed by the high court."

so in this situation we are out of work and o income source
can i start a new business firm and start with same business under different name and address and 
and ca i become its proprietor.?
Asked 16 days ago in Business Law

2 answers received in 30 minutes.

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8 Answers

You are at liberty to start business in your name as sole proprietor and at different address 


2) however don’t violate any law by in fringing any brand 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

You can start a new business firm with same business under a different registered name and address.  You can be the proprietrix of the business firm.

Shashidhar S. Sastry
Advocate, Bangalore
4947 Answers
308 Consultations

5.0 on 5.0

- Since, the business of husband has been closed after sealing the same , then he cannot run the same business from the same shop , and it will be deemed as contempt of the court. 

- However, you can independently start a separate business for the same  product from a different shop legally , and your proprietorship concern will not a violation of the said High Court order. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

You are free to start your own business.

You can make sure that the same conflict of interest do not emerge once again through your business too. 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

No, it will be contempt of court and another offence of  Infringement.

Precise can be advised on the perusal of court order. 

Yogendra Singh Rajawat
Advocate, Jaipur
22464 Answers
31 Consultations

4.4 on 5.0

Yes you can do that as you are different legal entity

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Dear Client,


Starting a new business that mirrors the one your husband was sued for might pose legal risks, especially if the new business closely resembles the one involved in the infringement case. Even if it's under a different name and address, if the products or services are substantially similar, it could be considered a continuation of the previous infringement. Additionally, if your husband was named in the lawsuit, his involvement in a similar business could be seen as a violation of any court orders or judgments related to the case. Violating court orders can have severe consequences, potentially leading to further legal action or penalties.

Before starting any new business, it's crucial to review the details of the lawsuit against your husband. Court orders and settlements may have specific clauses that prevent similar businesses from being started. You can explore other business opportunities that won't infringe on any existing intellectual property or violate court orders. Remember, starting a new business should ideally be done within the bounds of the law to avoid further legal complications.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

Yes, you can but take few precautions and also do paper formalities. 

Siddharth Srivastava
Advocate, Delhi
1179 Answers

5.0 on 5.0

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