LEXIS AND COMPANY

  HOW DO I PROTECT MY TRADEMARK Protecting your trademark is crucial to safeguarding your brand identity and preventing others from using or exploiting it without your permission. Here are several steps you can take to protect your trademark: 1-Register your trademark: In many countries, including the United States, you can register your trademark with the relevant government agency. In the U.S., the United States Patent and Trademark Office (USPTO) handles trademark registrations. Registering your trademark provides you with legal rights and protections, making it easier to enforce your rights if someone infringes on your mark. 2-Conduct a comprehensive search: Before registering your trademark, conduct a thorough search to ensure that no one else is already using a similar mark for similar goods or services. This will help you avoid potential conflicts and strengthen your application. 3-Use your trademark consistently: Use your trademark consistently on all your products, packaging,

What should I do if someone is trying to poach my trademark by applying the same with a prior user date? If you believe that someone is attempting to poach your trademark by applying for the same trademark with a prior user date, it is essential to take prompt action to protect your rights. Here are the steps you can consider taking: 1-Gather evidence: Document all the evidence you have that proves your prior use of the trademark. This may include sales records, advertising materials, packaging, invoices, contracts, and any other documents that demonstrate the use of the trademark in commerce. 2-Consult with an attorney: Trademark law can be complex, so it's crucial to seek legal advice from a qualified trademark attorney. They can help you understand your rights and options and guide you through the process of dealing with the potential poacher. 3-File an opposition: Depending on the jurisdiction, you may have the option to file an opposition to the pending trademark application.

  HOW DO I KNOW IF AN ARBITRATION TRIBUNAL HAS JURISDICTION OVER MY DISPUTE? To determine if an arbitration tribunal has jurisdiction over your dispute, you can follow these steps: 1-Review the Arbitration Agreement: Check if there is a valid arbitration agreement between you and the other party. The agreement should clearly state that any disputes arising from the contract or relationship will be resolved through arbitration. The agreement may be a standalone document or a clause within a larger contract. 2-Check the Scope of the Arbitration Agreement: Examine the language of the arbitration agreement to understand its scope. It should specify the types of disputes covered, the parties involved, and the rules governing the arbitration process. Ensure that the dispute you are facing falls within the scope defined in the arbitration agreement. 3-Verify the Formation of the Arbitration Tribunal: If there is an arbitration agreement and the dispute is within its scope, check if the arbitr

WHAT IS THE PROCEDURE OF THE APPOINTMENT OF AN ARBITRATOR? The appointment of arbitrators in India is governed by the Arbitration and Conciliation Act, 1996. The procedure for appointing arbitrators typically follows these steps: 1-Agreement between Parties: The first step is to check the arbitration agreement between the parties involved in the dispute. Usually, the arbitration agreement will specify the number of arbitrators to be appointed and the method of their appointment. If the agreement provides specific names of arbitrators, the process may proceed accordingly. 2-Appointment by the Parties: If the arbitration agreement allows the parties to appoint arbitrators directly, each party will select their respective arbitrator. The appointed arbitrators may then proceed to appoint the presiding arbitrator (if the agreement calls for a three-member tribunal) or act as sole arbitrators (if the agreement calls for a single arbitrator). 3-Appointment by Designated Authority: In cases wh

  The DK Basu v. State of West Bengal case is a landmark judgment delivered by the Supreme Court of India on December 18, 1996. This significant ruling was aimed at safeguarding the fundamental rights of individuals during their interaction with the police and ensuring the prevention of custodial torture and other forms of police brutality. The case was brought to the court's attention through a letter by a public-spirited individual named DK Basu, highlighting the prevalent issue of custodial violence and deaths in police custody. The Supreme Court treated the letter as a writ petition and decided to address the larger issue of custodial torture and the rights of arrestees and detainees. The key points addressed in the DK Basu judgment include: Arrest Guidelines: The court laid down specific guidelines to be followed by the police while making an arrest. These guidelines were aimed at preventing arbitrary arrests and protecting the dignity and rights of the arrested individual. Th

WHAT IS ANTICIPATORY BAIL AND HOW TO APPLY FOR IT WITH THE LATEST JUDGEMENT?   Anticipatory bail is a legal remedy available in some countries, including India, that allows a person to seek pre-arrest protection from the court in anticipation of being arrested in a non-bailable offense. The purpose of anticipatory bail is to prevent harassment and arrest by the police in cases where the person apprehends his arrest based on false or frivolous allegations. In India, Section 438 of the Code of Criminal Procedure (CrPC) governs the provision for anticipatory bail. Here's how you can apply for anticipatory bail in India: 1-Consult an Advocate: Before applying for anticipatory bail, consult an experienced criminal defense lawyer who is familiar with the process and can guide you through the legal requirements. 2-Draft the Application: The lawyer will help you draft the anticipatory bail application, which should include details such as your name, address, and contact information. It sho

WHAT IS AD INTERIM INJUNCTION? BY DR ANUPAM KUMAR MISHRA[ADVOCATE] An ad interim injunction is a type of temporary or interim injunction granted by a court to preserve the status quo and prevent irreparable harm until a final decision is made on the matter. It is an order issued by the court at the early stages of a case before a full hearing takes place on the merits of the case. The purpose of an ad interim injunction is to maintain the situation as it is until the court can fully assess the facts and legal arguments presented by both parties. Key characteristics of an ad interim injunction: 1-Temporary Relief: Ad interim injunctions are granted on an interim basis and remain in force until a final hearing or until the court issues a different order. 2-Urgent Situations: These injunctions are usually sought in urgent situations where immediate action is necessary to prevent imminent harm or loss. 3-Ex Parte or Inter Partes: Ad interim injunctions can be granted either ex parte (witho

  A number of defences have been pleaded in an action for nuisance. Some of the defences have been recognised by the courts as valid defences and some others have been rejected. There are many valid defences available to an action for tort.  Effectual Defences  1. Prescriptive right to commit nuisance           A right to do an act, which would otherwise be a nuisance, may be acquired by prescription.  Example- If a person has continued with an activity on the land of another person for 20 years or more, he acquires a legal right by prescription, to continue therewith in future also. On the expiration of this period of 20 years, the nuisance becomes legalised ab initio as if it has been authorized by a grant of the owner of servant land from the beginning. In the case of, Sturges v/s. Bridgman ,the defendant, a confectioner had a kitchen in the rear of his house. For over twenty years, confectionery materials were pounded in his kitchen by the use of large pestles and mortars, and the