bking
Forerunner
Good evening folks.
Through the medium of this prestigious forum, I wish to seek recognition for the problem that me and my family have been dealing with.
"MTS" (Manisha Tele Sanchar) has been a registered trademark owned by us .
We now want your support.
I humbly request you all to please check the synopsis of the criminal complaint that has been filed already and pour out your views.
Note to Mods: Please move to the appropriate section.
SYNOPSIS OF CRIMINAL CASE AGAINST SSTL, SHYAM TELECOM LTD. & CUSTOM AUTHORITIES (IMPORT)
1. SSTL & Mobile Tele System, Moscow (Russia) filed a ground less petition against our company who is prior user & Regd. Prop. of MTS Trade Mark for the items classified & defined under Class-9 of Trade Mark Act, 1999.
2. Before filing this groundless petition, M/s. Mobile Tele System made request to our company on many occasion to have usage right of MTS Brand under Class-9 with evasive proposals which were not agreed between us.
3. Our company in January, 2014 had launched Mobile Phones under MTS Brand with legal & valid IMEI Nos. procured from MSAI a designated & reporting body of GSMA in India. As these IMEI/MEID Nos. of a Mobile Phone is a unique No. and just like Registration No. of a vehicle which tells about Brand, Model & Manufacturer.
4. After our launch of MTS Mobile this unscrupulous company M/s. Mobile Tele System, Moscow, Russia had published a fake Trade Notice, which disturbed our market infrastructure & put us to heavy loss.
5. SSTL being Regd. user by virtue of Brand usage Agreement executed with Mobile Tele System, Moscow, Russia secretly engaged in infringing our Regd. Trade Mark MTS without any publicity of devices but advertised about its MTS Network only.
6. This fact of infringement of our user right, our company came to know when this company SSTL along with Mobile Tele System, Moscow, Russia filed this groundless petition against us in the Court.
7. Immediately our Company made a Counter Claim against this groundless petition alleging that SSTL in connivance with a company M/s. Shyam Telecom Ltd., engaged in importing duplicate of MTS Branded Mobile Phones/Data Cards with wrong & fake IMEI/MEID Nos. & managing illegal import by violating the Gazette Notifications issued in bid of National Security by Ministry of Commerce & Industry, Govt. of India and by violating the Custom Act, 1962 Section 11(2).
8. After filing our Counter Claim in the Hon’ble Court there was no reply from SSTL nor from Mobile Tele System, Russia for defending our allegation.
9. Finally Court has closed their right to file the reply to the counter claim.
10. Meaning thereby SSTL deliberately with an intention in connivance with M/s. Shyam Telecom Ltd., Delhi engaged in sale of duplicate of MTS Brand Mobile Phones with fake & wrong IMEI/MEID Nos. to the innocent customers with MTS Service Connections.
11. SSTL being a service provider company in Telecommunication field having knowledge about importance of legal & valid IMEI/MEID Nos. Now reason to be believed that SS TL intentionally engaged in anti National activities & prone to collect revenue by any illegal means. As, SSTL being service provider knows very well that services cannot be completed without the support of Mobile Devices/Data Cards. Thus posed a serious threat to our national Security as these IMEI/MEID Nos. which are not allotted in favour of MTS Brand & are not updated in the current data base of Telecom Network Providers in India because these IMEI/MEID Nos. are not co-ordinated with MSAI for up-dation on Indian Telecom Network as these IMEI/MEID Nos. have jurisdiction as per the guidelines of GSMA (copy enclosed).
12. This SSTL has violated the National Security clause of GSMA/MSAI agreement executed between Manufacture/ Importer & MSAI.
13. SSTL has violated the instructions communicated vide Letter No.20-40/BS-III/(Pt.)(Vol.I)/201 dated 03.09.2009 regarding directions to meet out requirement for National Security. Compliance which should be made by 15th Dec. 2009 & it has come to notice under RTI reply that SSTL has not made any compliance till date. It means SSTL is not bothered about National Security & main aim is to earn money only by any means (copy enclosed).
14. SSTL & Shyam Telecom Ltd., along with Custom Authority (Import) have ignored & violated the all Act & policies promulgated by Govt. of India.
15. SSTL besides this has also violated the FEMA Act & RBI policy in transferring Brand Royalty to its foreign counter part M/s. Mobile Tele System, Moscow, Russia under free route through RBI which attract the violation of Intellectual property (I.P.) user right and of chief provisions issued by govt. of India regarding Franchising Brand/Trade Mark in India. This is a direct loss to our Indian economy in term of our foreign currency.
16. SSTL has violated the terms & conditions of the license agreement, executed between Deptt. of Telecom, Govt. of India & Service provider Co., in term of infringement of other intellectual property & in non compliance of directions to meet requirement for National Security.
17. Being aggrieved we made request on dated 24.08.2015 (copy enclosed) for registration of complaint in the interest of our Nation on account of violation of Notifications to the different 37 Govt. agencies to initiate a legal action under relevant Section of Cr. PC Act as per the list enclosed.
18. After a long passage of time i.e. more than 7 months where we feel Govt. has not gauged the gravity of our complaint judicially in the interest of National Security hazard & it seems that SSTL has managed our complain dated 24.08.2015 and the Govt. Officers handling this case seems to be kept the case under carpet so that the accused parties may get free leverage over the issue & not bothered to take any action.
19. We request through Hon’ble Court to issue notice to the accused parties SSTL & Shyam Telecom Ltd., & Commissioner Import to provide the documents as under :-
(a) The valid & legal Trade Mark Registration Certificate for MTS Brand for the items defined under Class-9 of Trade Mark Act, 1999 either in favour of SSTL & Shyam Telecom Ltd., so submitted to Custom Authorities (Import) in releasing banned/prohibited consignment of Mobile Phones/Data Cards.
(b) Who was the authority concerned permitted him to import the said banned/prohibited consignments of duplicate branded Mobile Handsets/Data Cards under MTS Brand to Shyam Telecom Ltd., having regd. office at C-165, Phase-I, Nariana Indl. Area, New Delhi - 110028 in concert with SSTL procured duplicate brand Mobile Handsets/Data Cards under MTS Brand with fake & wrong IMEI/MEID Nos.
(c) M/s. Shyam Telecom Ltd., in what way managed to dare banned/prohibited above said consignments from the checkout point of the Custom Authorities.
(d) M/s. Shyam Telecom Ltd., before Custom Authorities must have given declaration of IMEI/MEID Nos. in favour of MTS Brand and must have co-ordinated with Indian designated & reporting body of GSMA i.e. MSAI to update these IMEI/MEID Nos. in current data base of Indian Telecom Network providers in favour of MTS. If so, the said company be asked the copy of declaration or the Custom Authorities be asked to provide the copy of declaration to access the authenticity of the IMEI/MEID Nos. & be asked to produce the entire Import data from Jan. 2009 to till date of MTS Branded Mobile Phones & Data Cards.
(e) Whether Shyam Telecom Ltd., (Importer Company) has provided the MEID/IMEI Nos. status in favour of MTS Brand and have complied the Notifications issued by the Union Govt. in the bid of our National Security.
(f) Whether SSTL has given leverage under unified Telecom license agreement to allow bundling the other company’s brand without their consent. But bundling provision does not spell out in unified license agreement, moreover unified license agreement restricts the service provider not to violate other’s intellectual property right, which attracts the violation of the conditions mentioned under unified license agreement.
(g) SSTL & M/s. Shyam Telecom Ltd., be asked to produce their ESN/MEID/IMEI Nos. in favour of MTS Brand under Class-9 of Trade Mark Act, 1999 to establish their ownership right regarding MTS Brand as both the companies claimed.
(h) How SSTL managed to transfer the brand royalty on the revenue collected on account of misused & misdeclaration of our Regd. Trade Mark MTS on the devices falling under class-9 as per the Trade Mark Act and which does not spell out as per Brand Usage Agreement by violating the FEMA Act provisions & by keeping the RBI into dark with respect to the provision issued by Govt. of India in term of franchising Brand/Trade Mark in India. (As explained in Para No.11 & 15).
(j) Whether BIS Authority have cross checked about the authenticity of the declaration given by this unscrupulous company for ownership of MTS Brand from the website of Controller General of Patent, Design & Trade Mark which is publically available on its Domain.
(k) Whether BIS ever queried about the status of MEID/IMEI Nos. in favour of MTS Brand Mobile Phones which are going to be sold in the India market and if the same was queried by BIS authority, then this Registration No. could not be granted.
It is further prayed to this Hon’ble Court to issue notice to the Govt. agencies as per the list enclosed to know the status of the action taken on our complaint dated 24/08/2015.
We pray the Hon’ble Court to provide relief on the following :
1) That direction may be forwarded to Deptt. of Telecom Govt. of India to frame a policy with cutt off date to start up GII (Genuine IMEI/MEID Implantation programme to curb out the damage risk of National Security & expenses for the same be borne by the accused party SSTL & Shyam Telecom Ltd.,
2) SSTL may directed to brought back the devices immediately which were deliberately & intentionally offered with fake & wrong IMEI/MEID Nos. to the innocent customers under sale or with MTS service connection through commercial dishonesty & illegal trade practices.
3) Direction may please be forwarded to RBI & Enforcement Directorate to initiate process to reverse back the brand royalty so paid by committing commercial dishonesty & illegal trade practices.
4) Direction may please be forwarded to police authority to initiate legal action against the accused party under relevant sections of the Cr. PC Act for the offences committed intentionally against Nation.
5) Orders may be passed to stop the merger activity of SSTL with Anil Dhirubhai Ambani Reliance Group till the disposal of this case.
Through the medium of this prestigious forum, I wish to seek recognition for the problem that me and my family have been dealing with.
"MTS" (Manisha Tele Sanchar) has been a registered trademark owned by us .
We now want your support.
I humbly request you all to please check the synopsis of the criminal complaint that has been filed already and pour out your views.
Note to Mods: Please move to the appropriate section.

SYNOPSIS OF CRIMINAL CASE AGAINST SSTL, SHYAM TELECOM LTD. & CUSTOM AUTHORITIES (IMPORT)
1. SSTL & Mobile Tele System, Moscow (Russia) filed a ground less petition against our company who is prior user & Regd. Prop. of MTS Trade Mark for the items classified & defined under Class-9 of Trade Mark Act, 1999.
2. Before filing this groundless petition, M/s. Mobile Tele System made request to our company on many occasion to have usage right of MTS Brand under Class-9 with evasive proposals which were not agreed between us.
3. Our company in January, 2014 had launched Mobile Phones under MTS Brand with legal & valid IMEI Nos. procured from MSAI a designated & reporting body of GSMA in India. As these IMEI/MEID Nos. of a Mobile Phone is a unique No. and just like Registration No. of a vehicle which tells about Brand, Model & Manufacturer.
4. After our launch of MTS Mobile this unscrupulous company M/s. Mobile Tele System, Moscow, Russia had published a fake Trade Notice, which disturbed our market infrastructure & put us to heavy loss.
5. SSTL being Regd. user by virtue of Brand usage Agreement executed with Mobile Tele System, Moscow, Russia secretly engaged in infringing our Regd. Trade Mark MTS without any publicity of devices but advertised about its MTS Network only.
6. This fact of infringement of our user right, our company came to know when this company SSTL along with Mobile Tele System, Moscow, Russia filed this groundless petition against us in the Court.
7. Immediately our Company made a Counter Claim against this groundless petition alleging that SSTL in connivance with a company M/s. Shyam Telecom Ltd., engaged in importing duplicate of MTS Branded Mobile Phones/Data Cards with wrong & fake IMEI/MEID Nos. & managing illegal import by violating the Gazette Notifications issued in bid of National Security by Ministry of Commerce & Industry, Govt. of India and by violating the Custom Act, 1962 Section 11(2).
8. After filing our Counter Claim in the Hon’ble Court there was no reply from SSTL nor from Mobile Tele System, Russia for defending our allegation.
9. Finally Court has closed their right to file the reply to the counter claim.
10. Meaning thereby SSTL deliberately with an intention in connivance with M/s. Shyam Telecom Ltd., Delhi engaged in sale of duplicate of MTS Brand Mobile Phones with fake & wrong IMEI/MEID Nos. to the innocent customers with MTS Service Connections.
11. SSTL being a service provider company in Telecommunication field having knowledge about importance of legal & valid IMEI/MEID Nos. Now reason to be believed that SS TL intentionally engaged in anti National activities & prone to collect revenue by any illegal means. As, SSTL being service provider knows very well that services cannot be completed without the support of Mobile Devices/Data Cards. Thus posed a serious threat to our national Security as these IMEI/MEID Nos. which are not allotted in favour of MTS Brand & are not updated in the current data base of Telecom Network Providers in India because these IMEI/MEID Nos. are not co-ordinated with MSAI for up-dation on Indian Telecom Network as these IMEI/MEID Nos. have jurisdiction as per the guidelines of GSMA (copy enclosed).
12. This SSTL has violated the National Security clause of GSMA/MSAI agreement executed between Manufacture/ Importer & MSAI.
13. SSTL has violated the instructions communicated vide Letter No.20-40/BS-III/(Pt.)(Vol.I)/201 dated 03.09.2009 regarding directions to meet out requirement for National Security. Compliance which should be made by 15th Dec. 2009 & it has come to notice under RTI reply that SSTL has not made any compliance till date. It means SSTL is not bothered about National Security & main aim is to earn money only by any means (copy enclosed).
14. SSTL & Shyam Telecom Ltd., along with Custom Authority (Import) have ignored & violated the all Act & policies promulgated by Govt. of India.
15. SSTL besides this has also violated the FEMA Act & RBI policy in transferring Brand Royalty to its foreign counter part M/s. Mobile Tele System, Moscow, Russia under free route through RBI which attract the violation of Intellectual property (I.P.) user right and of chief provisions issued by govt. of India regarding Franchising Brand/Trade Mark in India. This is a direct loss to our Indian economy in term of our foreign currency.
16. SSTL has violated the terms & conditions of the license agreement, executed between Deptt. of Telecom, Govt. of India & Service provider Co., in term of infringement of other intellectual property & in non compliance of directions to meet requirement for National Security.
17. Being aggrieved we made request on dated 24.08.2015 (copy enclosed) for registration of complaint in the interest of our Nation on account of violation of Notifications to the different 37 Govt. agencies to initiate a legal action under relevant Section of Cr. PC Act as per the list enclosed.
18. After a long passage of time i.e. more than 7 months where we feel Govt. has not gauged the gravity of our complaint judicially in the interest of National Security hazard & it seems that SSTL has managed our complain dated 24.08.2015 and the Govt. Officers handling this case seems to be kept the case under carpet so that the accused parties may get free leverage over the issue & not bothered to take any action.
19. We request through Hon’ble Court to issue notice to the accused parties SSTL & Shyam Telecom Ltd., & Commissioner Import to provide the documents as under :-
(a) The valid & legal Trade Mark Registration Certificate for MTS Brand for the items defined under Class-9 of Trade Mark Act, 1999 either in favour of SSTL & Shyam Telecom Ltd., so submitted to Custom Authorities (Import) in releasing banned/prohibited consignment of Mobile Phones/Data Cards.
(b) Who was the authority concerned permitted him to import the said banned/prohibited consignments of duplicate branded Mobile Handsets/Data Cards under MTS Brand to Shyam Telecom Ltd., having regd. office at C-165, Phase-I, Nariana Indl. Area, New Delhi - 110028 in concert with SSTL procured duplicate brand Mobile Handsets/Data Cards under MTS Brand with fake & wrong IMEI/MEID Nos.
(c) M/s. Shyam Telecom Ltd., in what way managed to dare banned/prohibited above said consignments from the checkout point of the Custom Authorities.
(d) M/s. Shyam Telecom Ltd., before Custom Authorities must have given declaration of IMEI/MEID Nos. in favour of MTS Brand and must have co-ordinated with Indian designated & reporting body of GSMA i.e. MSAI to update these IMEI/MEID Nos. in current data base of Indian Telecom Network providers in favour of MTS. If so, the said company be asked the copy of declaration or the Custom Authorities be asked to provide the copy of declaration to access the authenticity of the IMEI/MEID Nos. & be asked to produce the entire Import data from Jan. 2009 to till date of MTS Branded Mobile Phones & Data Cards.
(e) Whether Shyam Telecom Ltd., (Importer Company) has provided the MEID/IMEI Nos. status in favour of MTS Brand and have complied the Notifications issued by the Union Govt. in the bid of our National Security.
(f) Whether SSTL has given leverage under unified Telecom license agreement to allow bundling the other company’s brand without their consent. But bundling provision does not spell out in unified license agreement, moreover unified license agreement restricts the service provider not to violate other’s intellectual property right, which attracts the violation of the conditions mentioned under unified license agreement.
(g) SSTL & M/s. Shyam Telecom Ltd., be asked to produce their ESN/MEID/IMEI Nos. in favour of MTS Brand under Class-9 of Trade Mark Act, 1999 to establish their ownership right regarding MTS Brand as both the companies claimed.
(h) How SSTL managed to transfer the brand royalty on the revenue collected on account of misused & misdeclaration of our Regd. Trade Mark MTS on the devices falling under class-9 as per the Trade Mark Act and which does not spell out as per Brand Usage Agreement by violating the FEMA Act provisions & by keeping the RBI into dark with respect to the provision issued by Govt. of India in term of franchising Brand/Trade Mark in India. (As explained in Para No.11 & 15).
- How SSTL and or M/s. Shyam Telecom Ltd., has managed to get BIS Registration No. R-41024139 and this registration overruled all Act, Policies and Notifications issued by Govt. of India in the interest of Nation and provide leverage to the unscrupulous company to import banned/prohibited consignments of Mobile Phones/Data Cards with wrong & fake MEID/IMEI Nos.
(j) Whether BIS Authority have cross checked about the authenticity of the declaration given by this unscrupulous company for ownership of MTS Brand from the website of Controller General of Patent, Design & Trade Mark which is publically available on its Domain.
(k) Whether BIS ever queried about the status of MEID/IMEI Nos. in favour of MTS Brand Mobile Phones which are going to be sold in the India market and if the same was queried by BIS authority, then this Registration No. could not be granted.
It is further prayed to this Hon’ble Court to issue notice to the Govt. agencies as per the list enclosed to know the status of the action taken on our complaint dated 24/08/2015.
We pray the Hon’ble Court to provide relief on the following :
1) That direction may be forwarded to Deptt. of Telecom Govt. of India to frame a policy with cutt off date to start up GII (Genuine IMEI/MEID Implantation programme to curb out the damage risk of National Security & expenses for the same be borne by the accused party SSTL & Shyam Telecom Ltd.,
2) SSTL may directed to brought back the devices immediately which were deliberately & intentionally offered with fake & wrong IMEI/MEID Nos. to the innocent customers under sale or with MTS service connection through commercial dishonesty & illegal trade practices.
3) Direction may please be forwarded to RBI & Enforcement Directorate to initiate process to reverse back the brand royalty so paid by committing commercial dishonesty & illegal trade practices.
4) Direction may please be forwarded to police authority to initiate legal action against the accused party under relevant sections of the Cr. PC Act for the offences committed intentionally against Nation.
5) Orders may be passed to stop the merger activity of SSTL with Anil Dhirubhai Ambani Reliance Group till the disposal of this case.
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