John Dow in India
CASE STUDY
TAJ TELEVISION PRIVATE LIMITED & ANR
V/s
RANJAN MANDAL & ORS
Introduction
Rapid advances in technology and liberalization of the Indian economy have created an ideal market for people trying to misuse existing brand values that have been cultivated and nurtured over a period of time. Counterfeiting is a serious crime. The law punishes counterfeiters and those who purchase counterfeit goods (with fines and legal actions). Counterfeiting is often associated with money laundering and exploitation of child labor. The first and foremost thing is know what is counterfeit.
The answer is counterfeit is an imitation which is a fake made usually with the intent to deceptively represent its content or origins, thus increasing sales appeal due to the reputation of the imitated product. The word counterfeit most frequently describes forgeries of currency or documents, but can also describe clothing, software, pharmaceuticals, watches, or more recently, cars and motorcycles, especially when this results in patent infringement or trademark infringement.
The most common problem is that manufacturers of genuine branded products are unable to obtain timely relief as the identity of the defendant is not easily ascertainable. This problem has been overcome by the grant of what are known as "John Doe" orders.
Our objective of this case study is to understand how this "John Doe" order has helped fight against counterfeit by studying the case of Taj Television Limited vs. Rajan Mondal. This order has taken action by seizing the infringing goods whenever they are located and later would e applied against any person who is found to be an infringer.
A brief of Taj Television Limited
Taj Television Limited is a full-service television concern, based in Dubai Media City with eight regional offices across the sub-continent. Taj was established in January 2001, and now it is owned by Zee.
TAJ TELEVISION PRIVATE LIMITED & ANR
V/s
RANJAN MANDAL & ORS
Introduction
Rapid advances in technology and liberalization of the Indian economy have created an ideal market for people trying to misuse existing brand values that have been cultivated and nurtured over a period of time. Counterfeiting is a serious crime. The law punishes counterfeiters and those who purchase counterfeit goods (with fines and legal actions). Counterfeiting is often associated with money laundering and exploitation of child labor. The first and foremost thing is know what is counterfeit.
The answer is counterfeit is an imitation which is a fake made usually with the intent to deceptively represent its content or origins, thus increasing sales appeal due to the reputation of the imitated product. The word counterfeit most frequently describes forgeries of currency or documents, but can also describe clothing, software, pharmaceuticals, watches, or more recently, cars and motorcycles, especially when this results in patent infringement or trademark infringement.
The most common problem is that manufacturers of genuine branded products are unable to obtain timely relief as the identity of the defendant is not easily ascertainable. This problem has been overcome by the grant of what are known as "John Doe" orders.
Our objective of this case study is to understand how this "John Doe" order has helped fight against counterfeit by studying the case of Taj Television Limited vs. Rajan Mondal. This order has taken action by seizing the infringing goods whenever they are located and later would e applied against any person who is found to be an infringer.
A brief of Taj Television Limited
Taj Television Limited is a full-service television concern, based in Dubai Media City with eight regional offices across the sub-continent. Taj was established in January 2001, and now it is owned by Zee.
References: http://www.legalserviceindia.com/article/l294-Counterfeit.html http://nopr.niscair.res.in/bitstream/123456789/10008/1/JIPR%2015(4)%20293-301.pdf http://www.managingip.com/Article/1321770/India-Trade-marks-in-a-state-of-change.html http://esselgroup.com/taj-television-india-pvt-ltd-launches-ten-cricket.html http://www.tensports.com/aboutus/ http://copyright.gov.in/Documents/CopyrightRules1957.pdf http://en.wikipedia.org/wiki/Copyright_law_of_India