Part Time

Name:

Note : Kindly answer all the questions stated below :

1. Advise a client who wants to register the trademark TIRANGA.

2. Advise a client who wants to know the procedure of registration of trademarks. Discuss the procedure.

3. Advise a client who wants to apply for registration of design in India but the same is resembling an earlier design which is registered in Singapore and sold in India.

4. Company A has filed a suit for infringement of a trademark against Company B. Both the companies are in the business of pan masala & gutkha. Company A's trademark is registered but Company B is prior in use of the trademark than Company A. However, its trademark is unregistered. You need to discuss the defense of Company B. Cite case laws where necessary.

5. Mr.X & Mr.Y are ex-business partners who have gone their separate ways recently. Mr.Y has ceased to be a partner by way of retirement deed in firm ABC based at Ahmedabad. Mr.Y has given up all rights in all the Intellectual Property Rights of firm ABC. However, Mr.Y begins to use the identical get up, color scheme & arrangement of the label of firm ABC and starts selling identical goods in the city of Ahmedabad. Advise Mr.X as to what are the legal remedies available to Mr.X?

6. Mr.D was a Sales Manager with Company MNC. Mr.D has resigned from the company before three months and has joined Company PQR which is a start up company serving in the same field as Company ABC. Mr.D has significantly contributed to various research and development efforts to analyze the market trend. However, it is found that Mr.D has approached the clients of Company MNC on behalf of Company PQR with the help of database that he acquired during his service as a sales manager with Company MNC. Mr.D has also shared Company MNC's private information with Company PQR. Company MNC has availed all the documents of the activities of Mr.D as substantial proof. Discuss what are the legal remedies available to Company MNC and under which Statute or equivalent?

7. Company C has its very well known Design-Patent registered in the USA and has been using the same all over the world since three decades. Prior to four months Company C through its subsidiary has begun its operations of manufacturing its very well known Design-Patent product at Ahmedabad and selling the same all over India . However, its design/patent is unregistered in India and Company C has not applied for the same. Company E based at Ahmedabad, begins to manufacture the identical design of product and starts selling the same in the market. Advise Company C for legal remedy.

8. Mr. A has got trademark XYZ registered since year 1980 with the Trademarks Registry, Mumbai and is based at Ahmedabad. Mr. A has also filed several other trademarks at Ahmedabad and has got the same registered since year 2005. Mr.B has also got trademark XYZ registered with the Trademarks Registry, Delhi. Both the parties are selling products throughout India. Kindly advise Mr.A in context with prosecution.

9. Student A is working in his father's organization which serves mainly in the business of interior designing. The student has made a presentation and is demonstrating the same to his father's employees regarding carious creative interior works. However, the presentation contains several paintings which are owned by Mr.Z. The presentation made by student A was for business purpose but depicting the painting in the same was symbolic. Discuss if student breaches the copyright law or falls within the purview of not breaching the same. Give Reasons.

10. Advise your client regarding the document needed to allot non exclusive license for a patent.