Moot Court Assignment

Moot Court
Assignment
LB-501

CLIENT INTERVIEW & COUNSELLING

SUBMITTED BY
TEAM MEMBER 1: DIVYANSHI GOEL
CLASS ROLL NO. 212105
EXAMINATION ROLL NO. 21311806261
LAW CENTRE-II, UNIVERSITY OF DELHI

TEAM MEMBER 2: SONALI RAY

CLASS ROLL NO. 212382
EXAMINATION ROLL NO. 21311806824
LAW CENTRE-II, UNIVERSITY OF DELHI

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Client Interview

Scenario in which dialogue is written: The situation is related to trademark

infringement. There is an entrepreneur, who had started her/his business ten
years back. She comes with the idea that brings transparency in trading and
reduces the dependency on broker for trading. She has increased the interest of
common people and middle-class people in trading and investment in capital
market. She has registered his company name as trademark “Zer0-Barrier” in
class 36 in Financial Services, Stock Broking Service, Commodity Broking
Services, Currency Broking Services, Portfolio management Services—In brief
services related to Financial Sector Particular to stock market. It was done by
making or providing online platform which is user friendly. This makes her
company unicorn start up. She has invested 15 years of her life in this.

Now, her company has become a brand in her respective field by earning
goodwill and creating distinct name. She has earned the trust in customers and
respective market.

Now another sole proprietor has registered same trademark name on his own
name. When she comes to know about this, she has filed opposition during the
registration of trademark. But other party has been granted the registration of
Trademark on ground of different goods and area. The Entrepreneur appealed to
Intellectual Property Appellate Board where board ordered in her favour.
Opposition party is alleged to challenge this order in high court. Now she is
seeking legal advice of Legal professional. Mentioned below dialogues are
conversation between the advocate and the entrepreneur.

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Dialogue

ADVOCATE: Hello, Mrs. Kiran. Good-morning! Please have a seat.

CLIENT: A very Good-morning you too…

ADVOCATE: So, have you faced any problem in finding my office as you took
time reaching the office?

CLIENT: Actually, I just took the previous lane instead of this so, the distance
increased.

ADVOCATE: Oo okay. I can understand all lanes seems similar. Would you
like to have tea, coffee or something?

CLIENT: No. nothing. I just need a glass of water.

ADVOCATE: Sure. (she gave her a glass of water). So, Kiran how do you come
to know about me?

CLIENT: My friend has suggested your name when I discussed my issue with
him regarding registration of similar Trademark by another applicant.

ADVOCATE: Okay so, your case is related to Trademark protection. Could you
please brief me information regarding the situation? Then I will be in better
position to help you.

CLIENT: Sure. So, this is how everything has started …

I had started my startup 10 years back with the idea to create transparency and
reduce dependency on brokers for trading in capital market which could make

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more people, especially middle class, in India to take more interest in investment
in stock market

ADVOCATE: (Nodding) I see. Is there any special reason behind this idea..

CLIENT: Well as you can understand the situation of Indian market and society.
Middle class people have less resources and knowledge to understand the
workings of stock market and its complexities of brokage fees and lack of
transparency so, I wanted to create a safe, easy and convenient way for trading.
From personal experience of being a middle class and coming from the family in
service sector I was well aware of the problems that people faced.

ADVOCATE: Nodding the head with seriousness on her face as she wants to
recognise what client has said and want to agree with this.

CLIENT: Therefore, I build an online platform through which everyone can

manage their de-mate account on their own and can purchase & sell their shares
as per their own convenience. I invest my all-life earnings, experience and many
times come across difficult situations. (client took deep breath).

ADVOCATE: You have done lot of hard work.

CLIENT: Yes. But the good thing! all is worth it. This idea has been accepted in
market. People took interest in this. My company is now a unicorn and it has
earned name as brand in market now. We have earned trust. In future I want to
expand my business in different areas also.

ADVOCATE: All the effort company does reflect in its brand name that is
earned in market. Your company earned that.

CLIENT: Hmm… But…. From past few months I could not sleep properly. It’s
just making me restless with the queries whether I will be able to protect my
identity that I have made in past 10 years. I just want to protect my name which

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has been registered as trademark. There is one sole proprietor who has registered
same trademark name for his firm. Although I have filed opposition during
registration process but Trademark controller allowed as the goods are different.
I filed appeal in front of Intellectual property Appellate Board they gave decision
in our favour so the defendant has filed petition challenging the decision in High
court.

ADVOCATE: You have invested your time and money and more importantly
that is dream which you have executed successfully. Now, you want to protect its
position that your company has earned. I have comprehended your case but I
want to ask some more question to cross check and have additional information.
Are you okay if I ask few questions to you.

CLIENT: Yes, please ask.

ADVOCATE: Okay so, have you registered your trademark at the time you
have started your startup? Can you tell me the year?

CLIENT: Yes. I have registered the trademark in 2013 when I have started my
startup. In the month of February.

ADVOCATE: What is you trademark name and how do you come to that name?

CLIENT: I just want to remove the barriers which are restraining people in India
to invest in trade market that’s why I took the name Zer0-Barrier.

ADVOCATE: Very creative. So, in which class you have registered the
trademark and what are goods or services in that class for which you are using
your trademark?

CLIENT: Financial Services, Stock Broking Service, Commodity Broking

Services, Currency Broking Services, Portfolio Management Services, Online
Trading Services, Discount Brokerage, Financial Advisory Services, Insurance

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and Mutual Fund Services in brief Services related to Finance sector particular
to stock market.

ADVOCATE: Class??

CLIENT: Oo its 36.

ADVOCATE: Can you please tell me details regarding the infringing party, I
mean the party which has registered similar mark. Like for what services he has
registered the Trademark in class 36. Is he purposed to be user, applicant or
using the Trademark earlier also without registration.

CLIENT: He is purposed to be user, applicant for Real Estate Services; Real

Estate Appraisals; Real Estate Investment Management; etc. in Class 36 in brief
services related to Real Estate Services.

ADVOCATE: Okay can you please again tell me how you come to know and
what procedure you have followed after knowing that he has applied for similar
Trademark as yours?

CLIENT: Well… the other party has registered their application to get their
trademark registered somewhere in last December.

ADVOCATE: Oh! I see. So, you got to know about their application during the
publication procedure.

CLIENT: Yes, it is true to some extent. My team got to know about their usage
of same trademark as we received various inquiries regarding the Real estate.

ADVOCATE: Okay as you have just mentioned that they have only applied for
registration in last December and their application was only in the stage of
publication. So, how your team received enquires?

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CLIENT: I’m sorry I must have missed few details I’m just stressed these days
with this whole thing.

ADVOCATE: I understand (Extending glass of water towards the client). Why

don’t we do this. You start telling from the registration as you said somewhere in
December. Could you please recall the exact date.

CLIENT: I don’t recall the exact date right now but I can get it from my team
soon.

ADVOCATE: That would be helpful. So, As you mentioned in December…..

CLIENT: The other proprietor is a firm which has been working in Real estate
at Kerala. It is a family business. The older generation have worked in the same
field without getting registrations and licenses as in unorganised sector.

ADVOCATE: So, they have been using the same name as your trademark
without getting it registered?

CLIENT: Well! they have claimed to be using it and has made same claim in
their registration application.

ADVOCATE: So, they have filed an application under “prior use claim” before
trademark registrar.

CLIENT: Yes, while their application is still under process. They got Zer0-
Barrier website name and registered it on google. So, when any user googles
Zer0- Barrier they show both entities website and people assume that the other
services are our extension of business. Due to this confusion, there have been
various queries and complaints in my company.

ADVOCATE: So, the other entity is trying to take advantage of your hard-
earned goodwill.

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CLIENT: Exactly. So, my team researched the other party and got to know
about their business and their registration application. We immediately filed an
opposition application before registrar and later controller. Registrar has ordered
to register as both products were in different category at different location but we
filed an appeal before controller and the court has ordered in our favour as our
product is well known throughout India. Now the other entity has challenged the
order in High Court.

ADVOCATE: Okay I have comprehended this but You mentioned that you have
conducted your research regarding their business. So, what your team found?
Were they using the same name or gained recognition?

CLIENT: Yes, my team has. My team found that earlier they were not registered
and ten years back they got their firm registered and started using the name
“Zer0- Barrier” in the last five years and recently they got a website registered
with the same name.

ADVOCATE: Initially you mentioned that you got your trademark registered
ten years back. So, when they started using the name you were already using it
and started to get recognition.

CLIENT: (Nodding his head)

ADVOCATE: Can you tell the territory where they are practising their business?

CLIENT: Locally in Kerala.

ADVOCATE: So, your reputation and recognition of trademark is all over India.
Right?

CLIENT: Yes, could you please tell me what I should do next? I mean we
already have Controller order in our favour.

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ADVOCATE: Well, considering we already have Controller order in our favour.

It helps our case as they will have to show and prove why the petition in High
court should be accepted. we can take various recourses. As far as the action
taken by other party in high court. Could you tell me more about it?

CLIENT: We have not received any summons yet. So, I don’t know the exact
details.

ADVOCATE: So, how did you get to know other party is approaching High
court.

CLIENT: I got to know from my sources.

ADVOCATE: I see. I hope they are reliable. Well, we can file caveat in court
where court will notify us if and when any proceeding is initiated by the other
party.

CLIENT: (nodding his head and taking a sip of water)

ADVOCATE: So, have you taken any action against the registered website?

CLIENT: Well, I was going to ask you about it.

ADVOCATE: We can file injunction against the other party as your name is
already registered and recognised with the trademark.

CLIENT: How do we start this process?

ADVOCATE: Well, how about you bring me the orders of Registrar and
Controller of trademark. So, I can study the causes and conduct proper research
regarding the next step. It will help me in understanding the case and making
next right step. And don’t worry any details related to conducted research and the
information you have shared with me will be confidential within us.

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CLIENT: That what I really want to listen. I can provide you all these material
in our next meeting. How about we schedule it to next week.

ADVOCATE: It will work for me.

CLIENT: (Standing up and shaking hands with advocate) Thank you for your
time.

Sources:
Nandhini Deluxe v. Karnataka Co-Operative Milk Producers Federation Ltd.
(AIR 2018 SC 3516),
Mrs. Ishi Khosla vs Anil Aggarwal And Anr. on 25 January, 2007 Equivalent
citations: 2007 (34) PTC 370 Del
Sec 9 and Sec 11 of Trademarks Act, 1999.

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