Our Many Clients Such As Schools Colleges Reported Our Technical Team At Result Hosting, A Website Is Using Similar Name & Posing Themselves As Result Hosting. After That Result Hosting Technical Team Has Observed That One Website With Similar Name Using Our Trade Name (RESULT HOSTING) Without Our Permission & Consent. We Are Also Aware That This Website Using Tactics To Be On Top When Someone Search "Result Hosting" On Search Engines Like Google And Bing. There Are Also Posting And Uploading Youtube Videos And Changing Their Title Names Suitable For Search Engine Keyword So That Their Videos Goes Top When Someone Search Result Hosting. We Are Totally Aware, All Your Pretending To Be Result Hosting Steps. Our Technical Team Is Keeping Eye On This Issue.
All We Want Is To Not Use Our Trademark Word 'Result Hosting'.
We Appreciate Competitors In The Market But We Also Want Our Competitors To Be Fair & Do Healthy Competition.
Even After This Notice Any Individual / Company / Organization Will Not Take This Issue Seriously We Will Be Forced To Take Legal Action Against Them
The Trademarks Act, 1999 (hereinafter referred to as the Act) is the legislation that protects trademarks in India. The Act lays down the rules dealing with registration, protection and penalties against infringement regarding trademarks. Trademarks are given the status of intellectual property across the globe. There are many organisations, both international and national, that endeavour to protect intellectual properties such as trademarks. In India, the organisation that deals with the protection of trademarks are the Indian Patent Office administered by the Controller General of Patents, Designs and Trademarks.
In simple words, trademark infringement is the unauthorised usage of a mark that is identical or deceptively similar to a registered trademark. The term deceptively similar here means that when an average consumer looks at the mark, it is likely to confuse him/her of the origin of the goods or services.
When looking into trademark infringement, one must know that are two types of infringement:
1. Direct infringement
Direct infringement is defined by Section 29 of the Act. There a few elements that have to be met for a direct breach to occur; they are as follows:
2. Indirect infringement
Unlike direct infringement, there is no provision in the Act that deals with indirect infringement specifically. This does not mean that there is no liability for indirect infringement. The principle and application of indirect infringement arise from the universal law principle. It holds accountable not only the principal infringer but also anyone that abets, induces that direct offender to infringe.
There are two types of indirect infringement:
– When the person can control the activities of the principal infringer
– When the person knows of the infringement and contributes to it
– When the person may derive financial gains from the infringement
The only exception to vicarious liability of a company for infringement is when the company has acted in good faith and had no idea about the infringement.
– When the person knows of the infringement
– When the person materially contributes to the direct infringement
– When the person induces the principal infringer to commit infringement
In the case of contributory infringement, there is no exception as there exists no chance of the contributory infringer to act in good faith.
In India, the infringement of a trademark is a cognisable offence which means that the infringer may also face criminal charges along with civil charges. It is also not required by the Indian law for the trademark to be registered for the institution of civil or criminal proceedings. As mentioned before this is due to the common law principle of passing off.
In the case of trademark infringement, the court may award the following remedies:
In the case of a criminal proceeding, the court dictates the following punishment:
Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.Source
- Result Hosting Legal Team
Result Hosting India US & International