Our client, R.S. Diamonds Pvt. Ltd., based in Mumbai is a reputed trader and seller of high end quality diamonds and precious metal jewellery. Our client is the sole registered proprietor of the trademark in class 14 for precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes, jewellery, precious stones. Our client is also the proprietor of following trademarks which are pending registration in classes 14, 16 and/or 35:
Our client’s registered as well as unregistered trademarks are valid, subsisting and incontestable and constitute evidence of our client’s exclusive right and ownership thereto since the year 2003. Our client owns exclusive proprietary rights – statutory and under common law – to the use of the aforesaid trademarks and copyrighted works in the logos, and no one else can lawfully use these without our client’s express prior consent. An enviable reputation has come to be enjoyed by these trademarks which are associated by the members, trade and public at large exclusively with our client. The use of the words “DIVINE SOLITAIRES” or any other words or combination containing these words as a trademark/trade name or style by any person in relation to the aforesaid business or any like products would amount to falsification/infringement/misuse/dilution of our client’s trademarks and passing off their business and indulging in unfair trade practices. It has come to our client’s attention that certain unscrupulous persons with a mala fide and mischievous motive are applying/using/misusing our client’s aforesaid trademarks on their products and/or on various third party websites without any authorization from our client. Any such fraudulent adoption, use, deceptive adaptation and dishonest use of our client’s aforesaid trademarks as a trademark or service mark, corporate/trading name or style in any manner whatsoever by any such person would be unlawful and will be dealt with severely and in accordance with law.
PUBLIC NOTICE is hereby issued to the trade and public at large that any infringement/adoption/use/adaptation/misuse/violation of our client’s proprietary rights in the said trademarks and copyrighted work is punishable under the provisions of the Trade Marks Act, 1999 and the Copyright Act, 1957 and will be dealt with accordingly without any further reference whatsoever. Further, our client will not hesitate to initiate any legal proceedings (civil and/or criminal) against anyone found to be infringing/adopting/adapting/using/misusing/violating our client’s intellectual property, including trademarks or any deceptive variation(s) thereof without our client’s prior express authorization.
Date: May 18, 2016
For LEX MANTIS
D-4, B-Wing, 4th Floor, Barodawala Mansion,
Opp. RBI Bldg., 81, Dr. Annie Besant Road,
Mumbai 400 018. | email@example.com