1. #1
    Unregistered

    Can I file against a company who is using my brandís name but with change spelling?

    We have seen certain cases in which a small company uses the brand name of another company but with change spellings. I donít know much people say itís OK to do such things. But I want to one such firm for using my companyís name. How can I proceed?

  2. #2
    kaveri123 Array
    Join Date
    Feb 2013
    Posts
    25

    Re: Can I file against a company who is using my brandís name but with change spelling?

    Hi friend,
    it is certainly not correct to use brand name of another company even with changed spellings. Infact it is an offence and you can sue that company if it is the same name as your company's name or too nearly resembles your company's name. I think you should not waste any more time and hire a lawyer who will help you file a suit aginst the offender. According to me the other company will be given a month's time to change it's name . I also suggest you to ask for compensation from the other company for the loss caused to your business during this time period. If it takes more than a month's time, you can demand further compensation. You must have some evidence of loss caused to your business due to the duplicacy of the name. This will help in faster redressal. You can then resume your business and enjoy enhanced profits.
    Good Luck..

  3. #3
    Kangaroo Array
    Join Date
    Aug 2012
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    678

    Re: Can I file against a company who is using my brandís name but with change spelling?

    I am sorry to state that you cannot take action against any company who is using your brand name with a change spelling.Legally you cannot take any step against that company.This is because since it has not used the spelling as that of your brand name so it has separate identity for its brand which does not match with you.So it has not violated the copyright terms of either your company or your brand.Hence no action can be taken against that company.

    This is a common thing which we get to see in the market frequently.When a brand gets high popularity as well as demand in the market,various new firms which want to launch their new product in the market just changes the spelling of the brand name which is in high demand.Moreover the cost will also be less or else there will be certain extra features in it.This is done to catch the eye of the customers towards their product and help in increasing the sales of that product.

    However there is nothing to get worried.Take it as a healthy competition.You just maintain the quality of your product.Try to increase the quality of your product without increasing the cost.Try to decrease the cost if possible.There will be reduction in the demand of your product in the future but you can increase it in the long run with a better quality and lowering of cost.

  4. #4
    Madhu M Array
    Join Date
    Sep 2012
    Posts
    685

    Re: Can I file against a company who is using my brandís name but with change spelling?

    Hi friend

    If you think that some firm is using your brand's name but with changed spellings then you should definitely file a case against that company and should see to it that it gets the deserved punishment for doing something so illegal and that too without your permission. Firstly you should gather all the evidence against this company that will go in your favour. Such people should definitely be taught a lesson otherwise others will also be encouraged to do so. Once such a wrongdoer is punished by the court then others who are thinking about such things, will never dare even to think about them in future.

    After gathering all the necessary evidence you should consult your lawyer and I am sure he will guide you in the right direction. He will tell you to complete all the necessary formalities needed to file the lawsuit against that company and then you can send a legal notice to that company. Then I am sure that company will try for a out-of-court settlement but you strictly tell them that you are not going to go for that as you really want such people doing illegal things like this, to get punished so that they never repeat such things again. Now I am sure it will offer you a large amount of money for taking the case back and then it depends on you whether you want to withdraw the case for money or not.

    As for me I would advise you to give a little thought about it and if you really feel by doing this the reputation oif that company will be completely destroyed , then maybe you can take your case back on human grounds but you make sure that you take from them in writing that they will never do such a thing again with any other company in future and if they do so then they will be answerable to you.

    Do what you think is the best. Good luck and Thanks

  5. #5
    varshu Array
    Join Date
    Jan 2013
    Posts
    240

    Re: Can I file against a company who is using my brandís name but with change spelling?

    hello friends..

    @ yes,you can file a case against company who is using your brand name

    @ but name changes

    @ it is a law rule if you have evidence

    @ contact laywer for this issue

    @ they will tell how to file a case in that company

    all the best

  6. #6
    Boss Array
    Join Date
    Jul 2012
    Posts
    1,649

    Re: Can I file against a company who is using my brandís name but with change spelling?

    It is not at all correct to use brand of another company even with modified spellings. really it's associate degree offense and you'll sue that company if it's an equivalent name as your company's name or too nearly resembles your company's name. i believe you must not waste any further time and rent a professional person UN agency can assist you file a suit against the bad person. per ME the opposite company are going to be given a month's time to vary it's name . I conjointly recommend you to kindle compensation from the opposite company for the loss caused to your business throughout this point amount. If it takes quite a month's time, you'll demand more compensation. you want to have some proof of loss caused to your business as a result of the duplicate of the name. this can facilitate in quicker redressal. you'll then resume your business and luxuriate in increased profits.
    I am sorry to state that you just cannot take action against any company UN agency is victimization your brand with a modification orthography.Legally you can not take any step against that company.This is as a result of since it's not used the orthography as that of your brand therefore it's separate identity for its complete that doesn't match with you.So it's not profaned the copyright terms of either your company or your complete.Hence no action may be taken against that company.

    this is often a typical factor that we tend to get to visualize within the market oftentimes.When a complete gets high quality still as demand within the market,various new companies that wish to launch their new product within the market simply changes the orthography of the brand that is in high demand.Moreover the price also will be less alternatively there'll make sure further options in it.This is done to catch the attention of the purchasers towards their product and facilitate in increasing the sales of that product.

    but there's nothing to induce disquieted.Take it as a healthy competition.You just maintain the standard of your product.Try to increase the standard of your product while not increasing the price.Try to decrease the price if attainable.There will be reduction within the demand of your product within the future however you'll increase it within the end of the day with a more robust quality and lowering of price.

    After gathering all the required proof you must consult your professional person and that i am certain he can guide you within the right direction. He can tell you to finish all the required formalities required to file the cause against that company then you'll send a legal notice to it company. Then i'm certain that company can go for a settlement however you strictly tell them that you just don't seem to be getting to choose that as you actually wish such folks doing extra judicial things like this, to induce punished so they ne'er repeat such things once more. currently i'm certain it'll provide you with an oversizes quantity cash for taking the case back then it depends on you whether or not you would like to withdraw the case for money or not.

    As on behalf of me i might advise you to provide alittle thought of it and if you actually feel by doing this the name oif that company are going to be fully destroyed , then perhaps you'll take your case back on human grounds however you create certain that you just take from them in writing that they're going to ne'er do such a factor once more with the other company in future and if they are doing therefore then they're going to be answerable to you.

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