HARIKRISHNA S HOLLA
ADVOCATE
193, “Kashi Bhavan”, 6th Cross, Gandhinagar,
Bangalore 560 009
Phone : 22280778 Telefax : 22258453
E-mail :hariholla@gmail.com/hariholla@hotmail.com
HSH/TMLN/ /19-20
June 14, 2019 BY REGD. POST ACK. DUE
M/s Jagadeesh Industries
Opp. AMPC Yard
Nanjangud Road
T Narasipura
Mysore 577 124
Dear Sir,
Under instructions and upon information furnished by my clients, Mr Imran
Aman Sharieff S/o Aman Sharieff, Proprietor, IAS Enterprises, Shariff
Building, Gokul Gali, Bazar Ward, Chandrapur (M S), Represented by his
GPA Holder, Mr Sharanabasappa Mudhol, I issue this notice to you as follows:
1. My clients are registered proprietors of copyright in respect of GTS
ORIGINAL Brand used for packing rice. They have designed a unique cover
bag with the combination of black, gold, green and silver combination. My
client states that the distinguishing feature of their package is on the front side
of the package GTS is boldly written with picture of bike and also
ORIGINAL BRAND is written in bold letters. At the bottom of the package
my clients have placed a picture of bowl of rice below that they have boldly
written as “Marriage Special Colom Rice Long Grain Rice”. My clients state
that above the rice bowl they have printed “Super Vada Colom Rice No.1,
Colom King Rice, “A Grade” Rice of India” written in red, gold, green and
blue color fonts. On both sides of bag they have printed checks with colour
combination of gold, blue, red and green prominently distinct colour scheme in
order to make the said colour scheme distinct with my clients. In view of
unique artistic work and design the same has become distinctive with my
clients and duly protected under Copyright Act, 1957. The said trademarks
have been duly registered under Trade Marks Act, 1999 as furnished as
hereunder:
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2. My client states that they are using the said trademark from the year 2007-
08 continuously. My client has been selling high quality rice in the market. The
consumer identifies the rice supplied by my client packed in a very attractive
package. My client states that the main market for the rice is in the State of
Karnataka in the City of Bangalore.
Sl.No. T.M.No. Class Trade Mark
1. 2737495 30 GTS ORIGINAL
2. 2350283 30 GTS
3. 3553247 30 Design of checks on both
sides
3. My clients have also obtained registration of entire bag under Copyright Act,
1957 under No.A113491/2015.
4. Given to this background, my clients learn that you have brought out
identical bag with the trademark BULLET BRAND Colam Rice. Further, you
have copied verbatim the colour scheme, get-up and description of the
product including the fonts and colour combination of my clients in order to
give an impression that the rice sold by you has emanated from my clients. It
is evident that both the sides of the bag you have printed checks. It is
identical to my clients package using the same checks. The adoption of
identical colour scheme is nothing but imitation of my client’s package, which
amounts to infringement of copyright and trade dress.
5. On comparison of both bags, it is evident that you have infringed their trade
dress, copyright, design, getup and layout of GTS Original Brand. Therefore,
you are liable for both criminal action and civil action for damages. As per the
provisions under Section 63 of Copyright Act, 1957 any use of said copyright
by any person without obtaining authorization or licence from the authorized
person amounts an offence which provides for rigorous imprisonment of three
years.
6. Please note that if the below noted demands are not complied within a
period of 15 days, my clients will forthwith take legal action against you
without any further notice:
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i) to immediately cease and desist from infringing colour scheme, get-
up and description of the product including the fonts and colour
combination in respect of BULLET Brand which are in no way similar
to copyright GTS Original Brand adopted and used by my clients for
packing rice;
ii) to hand over to my clients or their authorised representatives all
labels, advertisements, price lists, pamphlets, brochures, packaging
bags and any other materials, bearing the impugned trademark
BULLET Brand;
iii) to provide to my clients with a written undertaking on terms to be
approved by us that you would not any time in future adopt, use or
apply for registration of BULLET Brand or any word deceptively
similar thereto as copyright; and
iv) to pay compensation of Rs.10,00,000/- to my clients.
Please pay a sum of Rs.5,000/- towards cost of issuing this notice to you.
Yours faithfully,
(HARIKRISHNA S HOLLA)
Advocate
Note: Template of a Cease and Desist Notice for the benefit of Law Students
Should not be shared in Public and Social media
