Free Legal Advice - trade mark and copyright
Posted by: Kanwarpal Singh
Posted on: 2018-09-01
You can file a suit for passing off among other ground and ask for a permanent injunction court order requiring the other side to stop what they are doing. You can still build grounds to contest the case even if you do not have a trademark as in cases of infringement of trademark, the user who can prove the older date of usage, by submitting supporting proofs like historic invoices, advertisements, etc., can claim the right to the name/logo.
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