Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court. Do you have a question? Email us at citizen.dtnext@dt.co.in
CHENNAI: Information in a case under investigation hard to come by
Q: I am a Statutory Auditor of a government bank. I have a small and valid doubt as to whether a criminal practice that leads to the death of citizens can be an official secret of government in the meticulous eyes of the law. This doubt is in furtherance of the movie Jai Bhim. Can you please opine on this? — Ca.RamanSVN, via email
A: In those days (1993), even an FIR copy couldn’t be obtained from the police station. Nowadays, it is available on the portal of Tamil Nadu police. The original story of Jai Bhim was about not obtaining information from the police. There were two versions. One, wife Parvathi’s complaint that he was taken by police but not released. The guilty police, after finishing off Rajakkannu, put out a story that he had escaped from custody. Since he was killed by torture, we went to the High Court and got an enquiry ordered with a senior officer appointed as SIT. So, it was the same police who found their own men who killed the victim. Even today, except for an FIR, you can’t get any other information under the Right to Information (RTI) Act in a case pending investigation.
Company entitled to sue one for trademark infringement
Q: I run a photocopier shop in Chennai using the title ‘Xerox’. Some time ago, I got a notice from Xerox Corporation, suing me for copyright infringement. I presume that Xerox is a word equivalent to photostat copying in common parlance and that there is nothing wrong with me using it. There are hundreds of such shops with Xerox on the name board. But the corporation singled out my shop for a case of copyright infringement, and I am spending money on the legal battle. What is the best way to win the case? — K Ramachandran, Chennai
A: Xerox is neither a method nor a process. It is the name of a multinational company. The company has become so famous that we are calling the process of photocopying with the company’s name itself. It is erroneous for you to call your shop a Xerox shop. The company concerned is entitled to sue you. The best course of action for you is to change your shop’s name, mention photocopier jobs, express an apology, and continue with your business.
