Legal Question in Intellectual Property in India

We are running a website xyzassignment.com to assist the student to provide solutions of assignments given by XYZ university.

For this purpose we used the logo of university and mentioned the lines solved assignment and project report for this university is available. Now a complaint had been filed by university centre incharge in delhi( university is not from delhi) ,in local police station on blank paper with following charges.

#operating through website fraudently

#Using the name and logo and other detail of university

#Selling solved assignment papers

#Clearly instructed the students to solve themselves which this site is selling

#Persons amount to offense of cheating

#Cheating by personation by using computer

#Offense of identity theft

#Offense of infrigment of trade mark

No FIR had been lodged from 20 days after the complaint, But police had called us twice or thrice in police station and tell us that they will register FIR. Also university is demanding that we can not use this domain to sell homework assistance to any student as it contains the name XYZ which is similar to university name. Now my questions are:

Is any copy-right act/logo-trade mark act involve in this?

2. Is any part-1 allegation is correct?

3. How to face this situation?

4. Till now no any FIR launched only blank paper complain, If police launch FIR- in that case, Can Police arrest me immediately? If yes, what is procedure for bail, cost and time.

5. I\'ve used xyzassignments domain, Is this identity theft?

6. If I go with legal proceeding, how much cost will born?


Asked on 7/20/13, 9:56 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.07.2013

Dear Sir / Madam,

By using the logo of the University, you have blatantly infringed upon and violated the Code of Ethics prescribed by the Ministry of Education & Social Welfare, Govt. of India, and also the Indian Cyber copying upload /download rules and regulations which tantamounts to identity theft which is a punishable offence as per the Indian Cyber Technology Act, 2002. You should immediately delete the University logo from your website, and design and upload your own logo on the website.

Regards,

Read more
Answered on 7/20/13, 11:05 am


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