Draft IV - Complaint to Competition Commission of India (1)

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Complaint to Competition Commission of India

ABC,

S-91, D Block, AK Building,

G Street, Z Road,

Pune.

To,

The Secretary,

Competition Commission of India,

New Delhi – 110001

Subject: Complaint Against Unlicensed Sale of Branded Apparel by Local


Merchant.

Dear Sir/Madam,

I am writing to bring to your attention a matter of grave concern regarding the


unauthorized sale of branded jeans and T-shirts by a local cloth merchant in a
slum area of Mumbai. The merchant, identified as Mr. H, is operating without
obtaining the necessary licenses from the respective brand owners, thereby
infringing upon their intellectual property rights and engaging in unfair
competition practices.

The unauthorized sale of branded apparel by Mr. H not only violates the rights of
the brand owners but also undermines the integrity of the market by creating an
unfair advantage for himself at the expense of legitimate businesses that comply
with legal requirements. This practice not only adversely affects the interests of
consumers but also disrupts the competitive landscape by allowing Mr. H to sell
counterfeit or substandard products under the guise of well-known brands.

From a legal perspective, Mr. H's actions constitute a blatant infringement of


intellectual property rights, including trademarks and copyrights, owned by the
manufacturers of the branded apparel. By selling counterfeit goods without
authorization, Mr. H is unlawfully exploiting the goodwill and reputation
associated with these brands for his own commercial gain. Such unauthorized use
not only dilutes the value of the brands but also deceives consumers who may
unknowingly purchase inferior or counterfeit products.

Furthermore, Mr. H's conduct may also be construed as a violation of competition


laws aimed at promoting fair and transparent market practices. By engaging in
unauthorized sales of branded apparel, Mr. H is effectively circumventing the
established distribution channels and undercutting legitimate retailers who abide
by the law. This not only distorts competition but also hampers the growth and
sustainability of the retail industry, particularly for authorized distributors who
invest significant resources in building and protecting their brands.

In light of the foregoing, I request that the Commission:

1. Conduct a thorough inquiry into the unauthorized sale of branded apparel


by Mr. H and ascertain the extent of infringement on intellectual property
rights and unfair competition practices.
2. Impose sanctions or penalties as deemed necessary under the Competition
Act, 2002, and other relevant laws to deter similar violations in the future.

3. Issue directives to prevent Mr. H from continuing his unauthorized sales of


branded apparel and ensure compliance with all applicable licensing
requirements.

4. Provide redressal measures for affected brand owners, including


compensation for damages incurred as a result of Mr. H's illegal activities.

In conclusion, I trust that the Competition Commission of India will take swift
and decisive action to address this matter and uphold the principles of fair
competition and consumer protection in the market. Your attention to this issue
is greatly appreciated.

Thank you for your consideration.

Yours sincerely,

ABC,

S-91, D Block, AK Building,

G Street, Z Road, Pune.

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