KEITH VARGHESE Advocate Supreme Court of India & High Court of Delhi 29, Nizamuddin East, New Delhi-110003 Tel: 9687775463; Email: varghesekeith@gmail.com To, Krayon
Date: 19.08.2017
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I am concerned for my client, Janwaar Castle Community Organization, who has instructed me to state as under: 1. That on 29.01.2016, the Janwaar Castle Community Organization (hereinafter referred to as JCCO) was incorporated as a not for profit company under the Companies Act, 2013 of India. 2. My client has been working for the development and upliftment of the children of the village of Janwaar primarily by constructing a skateboard park and providing skate boards and other facilities inter alia for the underprivileged children since a long period of time. 3. The social development of the children of the village Janwaar through the sport of skateboarding and providing facilities such as skateboards for the same to the children in the village of Janwaar, free of cost, is solely undertaken by my client, in the said village of Janwaar. 4. My client recently learnt that you have commenced a fund raising campaign on the web based platform of Ketto titled as ‘Krayons for Janwaar’ and the benefitting NGO thereunder for the aforementioned campaign is ‘Kabir Foundation’. My client states that the said fund raising campaign as commenced by you, uses the reference to the work being undertaken by my clients and till date funds to the tune of Rs. 4,03,800 /- (Rs Four Lakhs Three Thousand and Eight Hundred only) have been raised on Ketto for this campaign. The said funds have been raised through the campaign, by using the photograph of 3 children wearing attire that categorically bears the logo of my client and holding skateboards that are property of my client. Further, the said picture has also been captured at the premises of my client. The said webpage of the campaign on Ketto further mentions below the picture that, the instant campaign aims to raise funds for the children from the remote village of Janwaar. 5. My client states that the aforestated fund raising campaign as commenced by you has illegally made use of my clients work and good will and the campaign page has also been designed to contain and consist of deceptively similar reference to the work as undertaken by my client. My client states that no agreement / Memorandum of Understanding or any such document expressing directly or impliedly the intention of collaboration has been ever
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entered between my clients and ‘Kabir Foundation’ or with you. That the said campaign by you, is raising funds through the goodwill of my client but, the benefitting NGO is a third party, which is not associated in any manner whatsoever with my client. That the campaign and the funds raised, are illegal in nature for using the goodwill of my client without permission and raising money for the benefit of a third party. The said activity that has been conducted by you is illegal and shall also be termed as gaining profit by ‘passing off‘ services of my client as that of yourselves and raising money for a third party, which is in direct contravention to the provisions of the Trade Marks Act, 1999 and is punishable by law. My client states that the funds raised so far have been raised, illegally using the reference and good will of my client and passing off the services of my client as that of yourselves, for the illegal benefit of yourself and a third party. That any fund so raised by using any goodwill or reference to my client, is not only illegal but, the benefits of which can accrue solely to my client and for the charitable use for which my client so desires. My client states that at no point in time any agreement / Memorandum of Understanding or any such document expressing directly or impliedly the intention of collaboration has been ever entered between my clients and you, in a written / oral manner for any manner whatsoever. In the circumstances, my client hereby calls upon you to forthwith replace the name of the benefitting NGO (Kabir Foundation) with that of my client, on the platform of Ketto for the campaign titled ‘Krayons for Janwaar’; and any monetary benefit whatsoever accrued till date and that which may accrue from hereon directly or incidental to the said campaign, should be transferred to my clients at the end of the campaign. In the event that you fail to adhere to the aforesaid legal obligation of replacing the benefitting NGO (Kabir Foundation) with the name of my client, my client states that it would be constrained to adopt such legal proceedings as it may be advised, the costs & consequences of which shall solely be your liability.
Yours Truly, Keith Varghese Advocate