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The legendary Indian Cricketer Sachin Tendulkar has sued Australian bat-making company Spartan Sports for having failed to pay him millions of dollar in the royalty that was due to him.Sachin Tendulkar read more
The legendary Indian Cricketer Sachin Tendulkar has sued Australian bat-making company Spartan Sports for having failed to pay him millions of dollar in the royalty that was due to him.
Sachin Tendulkar had entered into a worldwide exclusive sponsorship agreement with Spartan Sports in 2016 in consideration for one million dollars a year to promote the products manufactured and sold by the company. He went on to promote the brand in London and Mumbai among other places and actively participated in numerous promotional events for the company. According to the great batsman, however, the company failed to abide by the terms of the agreement from the very start. By September 2018, the company had failed to make payment of even a single instalment of Sachin’s share. Sachin had sent a formal request for payment; and when he did not receive any communication from Spartan’s end, he unilaterally ended the agreement.
Spartan still continued to use Sachin’s name and reputation to promote its products, in blatant disregard to the terminated agreement.
It was then that Sachin filed a civil lawsuit against Sydney-based Spartan Sports International before the Federal Circuit Court in Sydney claiming “substantial damages” against Spartan and its directors for breach of contract and misleading and deceptive conduct. The lawsuit has further alleged that the company is guilty of misleading or deceptive conduct, passing off, suggesting an official endorsement when none existed, and breach of contract. It should also be noted that Spartan went into liquidation last year.
Sachin Tendulkar is being represented by Sydney based law firm Gilbert and Tobin. Partner Siabon Seet commented that “Mr Tendulkar has made every effort possible to try to resolve this dispute with Spartan before filing his case.” He further added that “Spartan did not take his concerns seriously and continued to use his name and likeness without his authority. Mr Tendulkar had no alternative but to take legal action.”
Reliance has recently won a trademark infringement suit against nutraceutical firm True Care Life Sciences. True Care Life Sciences is a firm based out of Mumbai and is involved in the production of food read more
Reliance has recently won a trademark infringement suit against nutraceutical firm True Care Life Sciences. True Care Life Sciences is a firm based out of Mumbai and is involved in the production of food supplements. Reliance Industries Ltd. had brought about a lawsuit against this firm for the alleged violation of their trademark rights. Reliance had sought a permanent injunction against True Care Life Sciences from using the deceptively similar trademarks “JIOFIT” and “JIOFER” in connection with the products that they produce and sell. The trademark “JIOFIT” was already being used by the firm in the market; whereas “JIOFER” was yet to be launched into the market and was under consideration.
Reliance Industries Ltd. had registered the trademark “JIO” in 2015 and since then, it has successfully sued many other companies for infringement of its trademark. On June 10th 2019, the Bombay High Court passed a decree in favour of Reliance Industries Ltd. with consent from the defendants in this particular case.
After a three hours hearing on the Notice of Motions, the defendants stated that they are willing to submit to a decree in terms of some of the prayers sought by the telecommunication giant. Accordingly, they agreed upon the following terms:
a. A permanent injunction against them and their servants, agents, distributors or representatives or any person claiming through or under them from using in relation to any of its goods, the impugned trademarks "JIOFIT" and "JOIFER" by itself or in combination with any other word which is identical with or deceptively similar to the plaintiffs' registered trademarks "JIO".
b. The defendants and their servants, agents, distributors or representatives or any person claiming through or under them would not make any attempt to pass off and/or enable others to pass off the defendants' goods and services as the goods of the plaintiffs' or in some manner connected with the plaintiffs'.
c. The defendants would destroy all items, goods, stationery, packing material, etc. bearing the impugned trademarks and any other mark that is deceptively similar or identical to Reliance’s “JIO”.
The Bombay High Court was thus pleased to pass an order directing the defendants to provide the plaintiffs with the true and correct accounts of stock available with them and the stock given to wholesalers/distributors/retailers with the name, addresses and contact details of wholesalers/distributors/retailers within 2 weeks from the date of passing the order. The Hon’ble Court further directed them to hand over packing materials, labels etc. bearing the impugned trademarks to plaintiffs for destruction within 4 weeks from the date of the order. The Court stated that the defendants will be at liberty to remove the contents of the products and deal with it as they deem fit, so long as they do not use the impugned trademark or any other name which is deceptively similar to the trademark owned by Reliance. The Court directed the defendants to apply to the registering authority for the withdrawal of the impugned trademarks.
PolicyBazaar, the online insurance aggregator, had brought about a trademark infringement suit against Acko General Insurance, another online insurance selling entity, for having infringed their trademark read more
PolicyBazaar, the online insurance aggregator, had brought about a trademark infringement suit against Acko General Insurance, another online insurance selling entity, for having infringed their trademark rights. It was alleged by the company that Acko was using the trademark “PolicyBazaar” in all its varied forms as a keyword or AdWord in order to feature on the search results for PolicyBazaar.0020
On 16 May 2019, the High Court of Delhi passed an ex-parte order of ad-interim injunction against Binny Bansal backed insurance seller Acko. This order restrained Acko from using PolicyBazaar trademark and terms deceptively similar to it such “Policy Bazaar,” “PolicyBazaar” “PolicyBazar,” and “Policy Bazar”), in any manner, form, variation and/or combination, as an ad word/keyword program through Google.
Subsequently, Acko filed for a vacation of this ad-interim injunction order dated May 16, 2019. During the course of the hearing, Senior Advocate Sandeep Sethi, appearing on behalf of Acko, brought to the attention of the court that the Plaintiff company had deliberately and fraudulently chosen to conceal certain crucial facts from the court in order to obtain a favourable order. Mr Sethi argued that PolicyBazaar “concealed and distorted material facts, made misrepresentations and false statements” to obtain the ex-parte ad-interim injunction.
Apparently, PolicyBazaar itself had been using the keyword Acko for its website for over a year. This meant that if anyone wanted to search about Acko, the name of PolicyBazaar would immediately pop up on the top of the search result. That is, the website of PolicyBazaar would show up as a sponsored link in every search result for Acko.
Although PolicyBazaar did not object to the fact that it was using the keyword Acko, it emphasized that it had stopped doing that since 23 April 2019. Yet, this act of concealment on part of PolicyBazaar disappointed the court to the extent of imposing a hefty fine on them.
In his order of 28 May 2019, Justice Sanjeev Narula stated, “I have no hesitation to say the concealment has been deliberate in this case. Plaintiffs (Policybazaar) could have easily mentioned the true and correct facts before the court. Plaintiffs ought to have candidly disclosed all material facts which have a bearing on the issues of the present case.”
Observing thus, the Court directed the Plaintiffs to deposit Rs. 5 lakhs with the Prime Ministers Relief Fund and other Rs. 5 lakhs with Delhi Legal-Aid Services Authority. It has further asked PolicyBazaar to submit an unconditional apology and an undertaking in court. The order of ad-interim injunction against Acko was also suspended till the next hearing which is scheduled on 11 July 2019.
Here are some basic laws and rights which every Indian should be aware of;1. There cannot be any legal arrest if there's no information or reasonable suspicion that the person has been involved in a cognizable read more
Here are some basic laws and rights which every
Indian should be aware of;
1. There cannot be
any legal arrest if there's no information or reasonable suspicion that the
person has been involved in a cognizable offence or commits offence(s),
specified under Section 41.
2. Male officers have no right to escort
a woman and a female can refuse to go to the police station between 6 pm to 6
am. In case of a serious crime, a written permission is required from the
magistrate allowing the male officers to escort her.
3. There are not any penalties against non-motor vehicles
like a cycles or rickshaws, since they do not fall under the Motor Vehicles
Act.
4. Delhi Police grants every women a privilege of registering complaints
via email or even through post if she is not able to go to the police station.
5. Section 50(2) of
CrPC provides that, if any person arrested without warrant should be
immediately informed of the grounds of his arrest, and if the arrest is made in
a bailable case, the person shall be informed of his right to be released on
bails.
6. After arrest, a person shall
have the right to consult and to be defended by a counsel of his choice;
arrestee shall be entitled to free legal aid. Free legal aid to persons of
limited means is a service which the modern State, in particular a welfare
state, owes to its citizens.
7. A person arrested cannot to
be detained more than 24 hours. Section 57 of CrPC lays legal
requirements to produce an arrested person before a Judicial Magistrate within
24 hours of the arrest must be scrupulously observed.
8. Live-in relationships are not illegal and are considered
to be 'equal to marriage' if certain conditions are met like pooling of
financial and domestic arrangements, entrusting the responsibility, sexual
relationship, bearing children, socialization in public and intention, conduct
of the parties, etc. This is done to protect women under the Domestic
Violence Act. And children born out of live-in relationships have the right of
inheritance.
9.
If the gas cylinder blasts during the cooking food then the gas agency
is liable to pay Rs. 50 lakh to the victim as a compensation. For claiming this
compensation, the consumer needs to lodge an FIR to the nearest police station
and submit it to the concerned gas agency.
10. It is illegal to
give a lift to unknown people, in fact, using your personal vehicle for
commercial purposes is also illegal.
11. A Police officer can never refuse
to lodge an FIR, and if they does so they could be jailed for up to 6 months
to 1 year.
12. No company
is allowed to fire a pregnant woman. It is
punishable by a maximum of 3 years of imprisonment.
13. Once you are fined for a chalaan slip, you can get you
out of being fined for the same till midnight.
14. A
seller cannot go beyond the MRP and you have the
right to bargain for a price below MRP.
15. The Limitation
Act states that if you are not
paid by the person contracted to pay you, you can file a complaint within 3
years.
16. Public Display of Affection (PDA) within its limits is
allowed but any obscene activity is punishable by law for up to 3 months.
17. If a husband or a wife refuse sex post marriage, it can
be deemed as 'mental cruelty' and is a valid ground/reason for divorce.
18. The Hindu
Adoptions and Maintenance Act, 1956 clearly states that if you have a Hindu son or a son's son or a son's
son's son, you cannot adopt another son. Same applies in case of daughters.
19. You may end up in
jail for flying kites. As per the Indian Aircraft Act, a person can be imprisoned
for 2 years or fine of up to Rs.10 lakh, if he/she flies an aircraft in
such a way that it causes danger to any person or property on land, water or in
the air. Aircrafts here include balloons, gliders, flying machines and kites.
20. Any person can use the restroom and drink water at any hotel
whether or not one is staying at that hotel. Under the Indian Sarais Act, 1867.
'Sarai' means any building used for the shelter and accommodation of travelers
hotels falls under this category.
Electronic Evidence STATEMENT U/S 65B OF INDIAN EVIDENCE ACT What is EVIDENCE : An Per Section 3 of Indian Evidence Act,– read more
Electronic
Evidence
STATEMENT U/S 65B OF INDIAN
EVIDENCE ACT
What
is EVIDENCE : An Per Section 3 of Indian Evidence Act,
–
“Evidence”.—“Evidence” means and
includes—
–
(1) all statements which the Court
permits or requires to be made before it by witnesses, in relation to matters
of fact under inquiry,
–
such statements are called oral
evidence;
–
(2) all documents including
electronic records produced for the inspection of the Court,
–
such documents are called documentary
evidence.
Locard's Exchange
Principle:
As per Wikipedia,
In forensic science, Locard's exchange principle holds that the
perpetrator of a crime will bring something into the crime scene and leave with
something from it, and that both can be used as forensic evidence. …………………
He formulated the basic principle of forensic science as: "Every contact
leaves a trace".
Paul L. Kirk expressed the principle as
follows:
"Wherever he steps, whatever he touches, whatever
he leaves, even unconsciously, will serve as a silent witness against him. Not
only his fingerprints or his footprints, but his hair, the fibers from his
clothes, the glass he breaks, the tool mark he leaves, the paint he scratches,
the blood or semen he deposits or collects. All of these and more, bear mute
witness against him. This is evidence that does not forget. It is not confused
by the excitement of the moment. It is not absent because human witnesses are.
It is factual evidence. Physical evidence cannot be wrong, it cannot perjure
itself, it cannot be wholly absent. Only human failure to find it, study and
understand it, can diminish its value."
Welcoming science:
Justice Stephen Breyer of the US Supreme Court said, “Science in the Courtroom”,
“In this age of science, science should expect to find a warm welcome, perhaps
a permanent home, in our courtrooms… Our decisions should reflect a proper
scientific and technical understanding so that the law can respond to the needs
of the public.”
Universality of
electronic evidence:
Reading the various definitions of “electronic
record”, “data” and “electronic form” in the I.T. Act, 2000 as amended in 2008
along with the definition of ‘document’ in the Indian Evidence Act, 1872, it
becomes clear that computer images, text and sound videos, whether on a
computer file, blog, web-site or e-mail, are all documents.
Welcoming Electronic
Records/Evidence
Ø Section 3. Authentication of Electronic Records
Ø Section 3-A. Electronic Signature Authentication
Ø Section 4 of IT Act : Legal Recognition of Electronic
Records.
Ø Section 5. Legal recognition of Electronic Signature.
Ø Section 10-A. Validity of contracts formed through
electronic means.
: Section 4 of IT Act : Legal Recognition of
Electronic Records
Where any law provides that information or any other
matter shall be in writing or in the typewritten or printed form, then,
notwithstanding anything contained in such law, such requirement shall be
deemed to have been satisfied if such information or matter is -
(a) Rendered
or made available in an electronic form; and
(b) accessible
so as to be usable for a subsequent reference.
Nature of Electronic Evidence
ü Electronic evidence is information and data of
investigative value that is stored on or transmitted by an electronic device
ü Electronic evidence is, by its very nature, fragile.
ü It can be altered, damaged, or destroyed by improper
handling or improper examination. For this reason, special precautions should
be taken to document, collect, preserve, and examine this type of evidence.
ü The nature of electronic evidence is such that it
poses special challenges for its admissibility in court.
ü Chain-of-custody is the collection, preservation and analysis of evidence for the purpose of establishing authenticity and reliability of evidence.
...........for details please watch :
How to Get Succession Certificate in India Succession Certificate is must required for release of legal debt and security of deceased if deceased died without executing Will or appointing nominee read more
How to Get Succession Certificate in India Succession Certificate is must required for release of legal debt and security of deceased if deceased died without executing Will or appointing nominee in Bank account or in Insurance policy etc. Section 372 of the Indian succession act, 1925, enables a person to submit application for grant of succession certificate in respect of debt or security of the deceased who dies intestate Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a legal Will. Succession certificate entitles the holder to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it. Succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organisation and person request for succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities. Procedure for Obtaining Succession Certificate To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found. Petition for Certificate A petition for succession certificate must contain the following particulars: • Time of death of the deceased; • Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under; • Details of family or other near relatives; • The rights of the petitioner; • Absence of any impediment to the grant of certificate; Grant of Certificate On making the petition, if the District Judge is satisfied as to the ground of making the petition, can grant an opportunity of hearing to persons who, in his/her opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both. Restriction on Succession Certificate A court can sometime require a bond with one or more surety or sureties or any other security for rendering an account of debts and securities received by the petitioner of succession certificate for indemnifying the persons who may be entitled to any part of the debt or securities. Validity of Succession Certificate A succession certificate has validity throughout India. If a certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.
The doctrine of constructive notice is often criticised for being used extensively and harshly against the parties, particularly in property related matters. In certain situations, the parties might not read more
The doctrine of constructive notice is often criticised for being used extensively and harshly against the parties, particularly in property related matters. In certain situations, the parties might not have the means or resources to inquire or acquire knowledge about the title of a property and other related information.
In India, it is a major problem to prove the title of a property. This is because in India the system of “presumptive titles” is prevalent where title documents are not certified by the State. They remain private documents and do not get the status of public records. This is because the present system under the Registration Act, 1908 only provides for registration of deeds and documents. Moreover even though the Transfer of Property Act, 1882 mandates compulsory registration of transfer of immovable property, there is still lack of proper documentation in this regard. More often than not, this contributes to unsatisfactory state of affairs in conveyancing the transfer of legal title of a property from one person to another.
Due to the lack of clarity in the title of ownership, the onus to inquire and confirm about the ownership and other title related facts lies with the buyer. It is difficult for a buyer to ascertain such facts due to the existing ambiguity and lack of conclusive ownership. A conclusive title may be defined as an unassailable and conclusive proof of ownership of property. The Ministry of Rural Development had prepared a Model Land Titling Bill, 2011, wherein it proposed to set up a Title Registration Authority and an Appellate Tribunal. The conclusive title system provides for certainty of title to land. The proposed system registers the title gives finality and indefeasible rights which cannot be overturned or annulled. Therefore, it does away with repeated, imperfect and costly examination of past titles which is often a problem to the parties while acquiring all the information related to the property.
The court imputes constructive notice on parties in cases of failure to find out all facts related to the title of the party. In certain situations the implication of the doctrine of constructive notice can be harsh and unreasonable on the parties as this notice is implied irrespective of the difficulties in acquiring complete knowledge of the title deeds. The title documents are not certified by the State and therefore remain private, making it very difficult for the parties to locate the documents and find out all the information. The doctrine of constructive notice, however, fails to recognise the ground realities and practical difficulties and tends to arbitrarily impose notice on the parties on their failure to ascertain and verify certain facts for safeguarding his one interest.
Conclusive title of ownership removes the scope of bona fide mistakes as to the past titles or existing burdens affecting the subject property. It also removes the ever-present possibility of fraud by duplication or suppression of deeds, and gives State-guaranteed safety. A conclusive title system requires a single agency to handle property records. Moreover, such single agency should at any given moment mirror the ground reality of the property records. This is known as the mirror principle. In addition, the curtain principle should also be applicable. This principle requires that the record of a title should depict the conclusive ownership status and probing into past transactions and titles of the property should become unnecessary.
Once a property is registered with the aforementioned land titling centre, there shall be a detailed title search including probing into past ownership, transactions and litigation history (if any) to establish non-encumbrance on the land. Thus, before purchasing a property, the buyer would have a clear understanding of the ownership issues and past record. Hence, granting of conclusive title of ownership will make the doctrine of constructive notice redundant and inapplicable to the parties because then there shall be no ambiguity with regard to the title of a property and a court shall not have to impute constructive notice on any party due to their failure to acquire the desired knowledge. This system is followed in Australia, Canada and the United Kingdom wherein one has to prove conclusive title of the property which is thereafter registered. Thereafter, the titleholder registered with the State cannot be dispossessed.
Constructive notice is the equity which treats a man who ought to have known a fact, as if he actually does know it. It presupposes, that in property transactions, a transferee ought to ascertain and verify certain facts for safeguarding his one interest. These facts may relate to the property or the transferor. The basic objective behind these inquiries and verifications is to find whether the property sought to be transferred is free from any charges or encumbrances and whether the transferor is eligible to convey a valid title to the transferee. The rule that applies here is that when a prudent man enters into the market, he would like to take the property free from any charge or encumbrances. Therefore, the rule of “caveat emptor” or “buyer beware” applies here and the transferee has to make inquiry about (a) whether the transferor is competent to make the transfer; (b) whether there is a charge due over the property; and (c) whether any person has temporary or permanent claim over the property.
Constructive notice is only imputed in situations where a person has means of knowing a particular fact but has failed to do so. There exists circumstances which ought to put him on an inquiry, which if prosecuted would lead to discovery of it. However, if the person has no means or opportunities to obtain information about something, notice cannot be imputed on him about that thing. Thus, when the purchaser does not have the slightest idea or suspicion about any earlier agreement entered into, far away from the place where the property is situated, it cannot be said that there was any wilful abstention from the party.
Therefore, the theory upon which courts proceed in holding possession to be constructive notice of whatever rights the occupant may have in the premises is that possession, being prima facie evidence of some interest in the land by the tenant, should normally place a purchaser upon guard and lead him to investigate the extent and nature of such interest. Any failure on his part to make inquiry is, therefore regarded as an exhibition of negligence or bad faith which ought to place him in no better position than that of a purchaser with full knowledge of the adverse claim.
However, in certain situations, this doctrine has been extended to cases hardly within its jurisdiction. For instance, in a case, it was held that possession by one tenant in common is constructive notice of an unrecorded conveyance to him from his co-tenant as against subsequent mortgagee of the latter who had no actual notice. As the object of registry system is to facilitate transfers of property, the purchaser ought, unless there is some potent reason to the contrary, to be able to rely upon the registered records.
In company law parlance, the effect of the doctrine of constructive notice is harsh on the outsider who is entering into a contract with the company because that person is deemed to have a constructive notice of the contents of the documents of the company. In case of default of any condition, the outsider cannot claim relief on the ground that he was unaware of the powers of the company in case of ultra vires of the company.
Moreover, this doctrine does not take notice of the realities of business life because people know a company mostly through the reputation of its promoters and officers and not through its documents. As an antithesis, a new theory called the doctrine of indoor management has been evolved by the courts. The doctrine of constructive notice seeks to protect the company against the outsider; whereas the doctrine of indoor management operates to protect outsiders against the company. The rule of indoor management is based upon obvious reasons of convenience in business relations.
Firstly, the memorandum and articles of association are public documents, open to public documents. However, the details of internal procedures are not thus open to public inspection. Therefore, as per the application of this theory, an outsider is presumed to know the constitution of a company but not what may or may not have taken place within the doors that are closed to him. Moreover, as discussed above the passing of the Land Titling Bill proposed in 2008 shall provide conclusive title of ownership which would in turn reduce if not remove the ambiguity surrounding the information related to the past and present titles.
A shift from the presumptive titling system to the conclusive titling system for recording land titles will make the use of the doctrine of constructive notice redundant as the buyer will only have to prove the conclusive title of the property.
It is a simplest way to get a divorce and get separated. Mutual divorce can only be granted if both husband and wife wishes to get separated on agreed terms. It means that the terms and condition on which read more
It is a simplest way to get a divorce and get separated. Mutual divorce can only be granted if both husband and wife wishes to get separated on agreed terms. It means that the terms and condition on which both parties are praying for divorce should already be decided, agreed upon and reduced to writing in an agreement called Memorandum Of Understanding which will be annexed alongwith the petition of mutual divorce and will be filed before the Hon'ble Court.
Process of Mutual Divorce
1- Filing of petition called "First Motion" alongwith the documents specified below:
On that date, both husband and wife have to appear before the Hon'ble court for giving their statements. Their statements will be recorded in the presence of their advocates and Court will pass order of First Motion on the same date.
2- Filling of Second Motion- Second motion is filed after 6 months. But in a recent judgement, the time period of 6 months has been waived off ( on condition). Thus, the second motion can be filled before 6 months also. But for that an application u/s 151 Cpc is filled before the Hon'ble Court to waive of 6 months time period. If court allows the application, then the second motion can be filled before 6 months also. If court dismisses the said application, then husband and wife hasve to wait for 6 months for filing of second motion. Second motion is filled exactly in the same way as First Motion.
On the date of appearance, the decree of divorce is granted !! You will get an original decree of divorce from court within 7-10 days. Also you can apply for original copies of first motion and second motion from the court which is again provided within 7-10 days. For further query or clarification you can mail us or contact us.
Zen is a Japanese School of Mahayana Buddhism which teaches Buddhism. Recent Judgment of Delhi High Court restrained Asus from using the word “Zen” in any of its products. Telecare Network India Pvt. read more
Zen is a Japanese School of Mahayana Buddhism which teaches Buddhism. Recent Judgment of Delhi High Court restrained Asus from using the word “Zen” in any of its products. Telecare Network India Pvt. Ltd. became the registered proprietor of the marks Zen and Zen mobile.
The issue came up when Asus Technology Pvt. Ltd. used the same mark “Zen” for their digital gadgets. The plaintiff filed a case of Trademark infringement against the defendant. The case comes under the ambit of Trademark Act 1999. The defendants defended their case under Section 17 (2) of the Act.
Teleecare alleges that the defendant has adopted the word “Zen” with a suffix “Fone”. The plaintiff accused that the defendant launched their “Zenfone” with a similar price range of that of the defendant. Referring to the Judgment of Bhole Baba Milk Food Industries Ltd. vs Parul Food Specialties Pvt. Ltd. the defendant stated that the mark “Zen” was common to trade and generic in nature.
Regarding the word “Generic mark”, the Court explained that generic marks refer to the Genus to which a particular product or service is a species of. Here the Court held that Zen is a generic word of a school of Buddhism. Therefore, Zen is a generic term in Buddhism but it is not a generic mark in mobile phones and related accessories. The defendant further claimed that they have searched the Trademark report and found that third parties are using the “Zen” mark for their products and cited the example of Zenta McCoy Techno International.
The plaintiff argued that the third parties were not using the word “Zen” for the business of mobile phones. In this point, the Court held that mere filing of a search report from the Trademark Office doesn’t prove that the mark mentioned in the search report is actually used by the third parties.
On May 28th 2019 Justice Manmohan delivered the judgement stating that the defendant had used the mark in bad faith. The Court further opined that as the defendants have used a similar mark in relation to identical goods and in the same business and this amounts to the likelihood of confusion among consumers. The court observed that the present suit satisfies the grounds of passing off.
Noida, India
New Delhi, India
Secunderabad, India
Bengaluru, India
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Kolkata, India
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Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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