QUESTION NO: 4

Draft a Notice on behalf of Burger King, to be served upon Mr.ABC, who is

operating a road side stall in Vadodara, in the name and style as “Burger Raja”
selling Burgers for having adopted a deceptively similar mark and for diluting the
goodwill and reputation of the brand. Provide a footnote on the Case Laws
pertaining to dilution of the mark, impact on the reputation of a Trade Mark
“Burger King” which is associated with a particular food product, having trans-
border reputation and associating the same with local food. Please also specify
whether the products sold belong to which class under the Trade Marks Act and
whether the food products sold under the registered brand and the products sold by
the infringing party belong to the same class.

NOTICE REGARDING BREACH OFF THE TRADEMARK

To
Mr. ABC Date:
Vadodara
(Address)

Sub: Legal Notice for Infringement off our Trademark by utilizing our Brand Name
"Burger King" and bamboozling buyers by utilizing our brand name.

It has been brought to our attention that your company has been utilizing the
trademark ‘BURGER RAJA’ in sodality with the marketing or sale of your product
and accommodations. Please be exhorted that the denomination of ‘BURGER
KING’ is registered trademark having Register No. 2262585 of our business.

That our customer has been utilizing the said Trade Mark "BURGER KING" since
1999 this imprint for over 13 years and equivalent is ensured under Trade Mark Act,
1999, which has procured a particular element in regard of the administrations of our
customer by such proceeded and broad utilization of the said Trade Mark. The
elevated requirement of the exhibition of the “BURGER KING" eateries have come to
be solely related in the personalities of general society with our customer's image.
You knew about our customer's image and disregarding such information you the
noticee has been utilizing our customer's image and Trade Mark for furnishing
Restaurant Services with the mala fide aim to exchange over our customer's
generosity and notoriety which our customer has developed by spending enormous
sums.
 Our federal registration of the brand name gives us the specific restrictive rights. We
are qualified for confine the utilization of the brand name, or confusingly comparable
items or administrations. Our brand name fills in as a significant and unmistakable
portrayal of our items just as the altruism of our organization. We, along these lines,
discover it is basic to secure it against any deception that may make significant
mischief our business by encouraging the deficiency of the brand name's viability.

We comprehend that it is conceivable that you were uninformed of this contention.

We consequently, consciously demand that you react by letter guaranteeing us of your
nearby activities taken to quit it the utilization of the brand name "BURGER RAJA",
or any confusingly comparable brand name, inside 30 schedule days of this receipt
letter.

We trust that this issue might be genially settled so we may avoid any further lawful
cures given by State law and U.S Trademark Act.

Sincerely,
XYZ
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