Legal questions on Intellectual Property

Copyright and Pen name of literary work

I have the copyright of my English literary fiction written by me under my real name. I filled up Form XIV and Statement of Particulars with my real name in all the relevant fields as I was told by multiple lawyers that if I use my pen name in any of the fields (including author field) then I may face difficulties in proving my ownership in case of copyright infringement related issues. Also, t...

Publication of my article in other person's name

Hello, I am a US citizen and I am currently working for a company in India. I wrote an article after putting in considerable amount of time and research. The article was first sent in my name (the original and only author) to the publishing house. Later the article was published in someone else's name, and this person had no contribution to the article. The name of the author and photograph wa...

What happens if the copyright claimant proves he's right?

I have a YouTube channel and I make review videos of software and technologies. In one of my many videos I have reviewed a free software that was modified by a developer who stays outside India and he strike a copyright strike on my video. I asked him why he did this and he replied that it was his property and I was sharing his download links. Even though he had a forum and it was free to all, ...

Youtube Copyrights

I am a freelancer and my profession is to deliver educational sessions. I used to work with a company where nature of my job was not fixed. I used to get monthly payments in the form of cheque or sometimes in the form of cash. I used to deliver sessions and also manage few other things for them. During my work their, I recorded few of my sessions which I delivered to the students there. Recen...

The mark is a non-distinctive and as such it is not capable of distinguishing the goods or services

From : The Registrar of Trade Marks, MUMBAI Date: 16/03/2019 15:39:31 To, PRIMERO UNO 503/B WING, ASCON ACRES - IV, SHRIKANT DHADWE MARG, NAYA NAGAR, MIRA ROAD (EAST). THANE - 401107. MUMBAI. MAHARASHTRA INDIA Application No: 4096455 in Class/Classes : 35 In the name of M/s: PRIMERO UNO Gentlemen/Madam, The above mentioned application has been examined under the provisions of Trade...

My 100k Installs App Removed From Play Store. Because Of Intellectual Property. They Want Any Docs

My Name Is Sumit I Am Bihar Build An Application Result Bihar Board Result. And I Used Bihar Board Logo And There Website Link. Bihar Board Does Not Reported on My App. When I Got 100k Installs Google Direct Suspended My App Without Giving Me Any Warning Please Help Me Can You Please Provide Me Any Document. So It Can Help me To Get Back My App. I Got This Email From Google. Hi Developers at...

Tried to sell pirated video lectures

Hello sir, I need a legal advice. Yesterday i posted an advertising on olx to sell video lectures of gate (gate is engineering related exam ) of which was not mine. Also i didn't not have the lecturer i was only faking it. Anyway but i didn\'t mentioned anyone name on advertisements, i only wrote \" gate lectures video of reputed institute \" nothing else. Today i got a call from xx...

What is the procedure to give the 'Right to Use' of my book to someone else for commercial purpose

Hi sir, I have recently written a book on 'How to trade in the Stock Market' for beginners which has been written in a graphical way with illustrations. I have got it copyrighted from the copyrights office in New Delhi and have the certificates of the same. It has not been published yet as since the book has been written in a graphical manner, I have transformed the book into a course that I...

Order a adult product from globel e comers site

I have ordered a sex toy from a global e commerce website without being aware that the item is in the prohibited items list. The shipment is in transit to Kolkata Airport Sorting office (reaches in next 15 days). I am afraid I'll receive a show cause notice from the Assistant Commissioner about this illegal importing as mentioned in this forums by people who had done this act before. What c...

Infringing trademark

I have some issues regarding trademarks. I had launched an Android App in the Google Play Store which has a name say AbcdEf. The app is a product itself and helps the user to extend its phone functionality is an easy manner. My business model is B2C even though I deal with business such as Play Stores etc only to distribute my app. The App is available throughout the world even though I live an...

How to file a compliant against Software Piracy but I am not the copyright Owner ?

Dear Advocates, I have purchased Software's from the Software developers and got the permission to do the business. But in my city the same business is run by so many people(15 business) but they are using the pirated versions software and the logos of software developers because of this my business is losing so much of money and the client in this we need to give certification to the clien...

Trademark Objection for YouTube channel in the examination report

I had filled a trademark application for my YouTube channel named 'Gujarati Rasoi' under trademark class 41 (Education & entertainment) & as I also plan to start a restaurant with the same name and logo, I have also included class 43 (Food related services) in my application. In the examination report the following is commented by the examiner: " The above mentioned application has been e...

Movie Streaming Sites

Is running a streaming site considered legal in India? Many streaming sites like Putlocker, 123Movies etc. follow the rule of not hosting files on their own servers and linking to files hosted on some third party place and sharing it by the way of embedding. So, in a way, they are not actually infringing and copyrights. Or are they? I feel it's the uploader that is the actual guilty here and...

We 6 students did not get tgrace marks from the hngu university

O.118: Where a candidate in a University examination fails any single head of passing (Where a distinct head, a sub-head or a group-head or a grand total) his failure in that head of passing shall be condoned as follows: ------------------------------------------------------------------------------------------ Where the head of passing consists of Maximum marks for condonation ----------...

Payment not being cleared by publisher

I worked for a publishing house to write grade 6 maths book. The publisher gave me a contract that stated the following terms: 1.The content writer will submit the complete work on or before 4 July, 2016. 2. The author will add all the features given in the sample chapter. 3. The content will not be copied from any book or google. If it is found or noticed, the publisher will not accept it. ...

Does the college have right to hold the certificates for not payi

Hi Good Evening, Greeting for the day. I am a M.Pharmacy candidate. I have joined the college in Management quota which was cost high at the time of joining. The college maintenance was also really good in demand at the time of joining but not now. But as per my family situation i am not able to pay for the final year fees. I am with empty hands right now. The college is holding my ce...

How do I respond to this... is this some kind of legal notice?

Hello, I am an architect and not practicing any more due to prevailing medical conditions. Last evening I received a mail purportedly from a representative of Autodesk suggesting I perform an audit of my computer and apprise him of details of software I have installed in my computer. On the face value based on the contents of the email, which I have reproduced verbatim at the end of this quer...

Limitation against guarantor

Mr. X retired school teacher he is retired in 2014 , in 2013 Mr. Y started a business of transport of local city buses with approval of local municipality with a 5 buses and after 6 month later in November he brought again 8 buses , where Mr. Y don’t specify about loan and put family pressure on Mr. X to sign a document as a guarantor , even the bank have not briefly explain a legal binding o...

Use of Trademark after end of contractual terms

Dear All, we entered into contractual terms with a master franchise, ABC is an German company having presence worldwide and they have given master franchise to XYZ company in India. this XYZ company gives franchise in India. we took franchise of XYZ company and were operating the business under their guidelines. but later on we found that this XYZ company was cheating on us. Said they were g...

Copyright violation on Intellectual property

I have invented a product in the area of computer graphics and 8 months ago had talks about forming a company to market the product with two of my friends (Mr. X and Mr. Y) (Mr. X runs an IT services company and Mr. Y was forming another IT services company) who promised me, would bring in investment from angel investors, take care of sales and managing of the company as I was planning to go fo...