Legal notice

LEGAL NOTICE

Dear Sir/Madam,

I, Tapish Shukla, am the founder and sole proprietor of "NOXE" ("the Brand"), a streetwear clothing brand operating under the name, mark, and logo "NOXE" since 15/06/26 . I am sending this notice to you directly, on my own behalf, regarding unauthorized and unlawful use of my Brand's name, branding, original designs, and copyrighted content.

1. Background and Rights of NOXE

NOXE has been continuously and openly using the brand name "NOXE," along with its associated logo, visual identity, and original artistic works (including but not limited to apparel designs, graphic artwork, product photography, and promotional content) since [insert date]. Through consistent use, marketing, and sales under this name across [Instagram/Shopify/other platforms], NOXE has built distinct goodwill and reputation in the marketplace, identifiable to consumers as originating from my business.

While the "NOXE" trademark is not currently registered, I hold common law rights in the mark by virtue of prior, continuous, and open commercial use, which are protectable under the law of passing off. Separately, all original designs, artwork, and photographic/video content created for NOXE are protected under the Copyright Act, 1957, with copyright vesting automatically in the creator upon creation, without need for registration.

2. Details of Infringement

It has come to my attention that you ([Recipient's Name/Business Name]), operating at/through [insert platform, store name, or URL], have:

  • [Insert specific detail: e.g., "Reproduced and sold apparel bearing designs that are substantially identical/deceptively similar to NOXE's original designs, specifically [name/describe design(s)], first published by NOXE on [date]."]
  • [Insert specific detail: e.g., "Used the name/mark 'NOXE' or a deceptively similar variation, namely '[insert their used name]', in a manner likely to cause confusion among consumers as to the source or affiliation of your products."]
  • [Insert specific detail: e.g., "Copied and published photographic/video content originally created and owned by NOXE without authorization, on [platform/URL], on or around [date]."]

Evidence of the above, including screenshots, links, and timestamps establishing NOXE's prior use and ownership, is available and will be relied upon in any future proceedings, copies of which are enclosed/attached herewith as Annexure [A/B/C].

3. Legal Basis

Your actions described above constitute:

(a) Passing off — by creating a false impression of association or affiliation with NOXE, capitalizing on goodwill that does not belong to you, which is actionable under common law irrespective of trademark registration;

(b) Copyright infringement — under Section 51 read with Section 14 of the Copyright Act, 1957, through unauthorized reproduction and/or communication to the public of original artistic works owned by NOXE;

(c) [If applicable] Unfair trade practices under the Consumer Protection Act, 2019.

4. Demand

In light of the above, you are hereby called upon to, within [insert number, e.g. 7] days of receipt of this notice:

  1. Cease and desist immediately from any further use, reproduction, sale, or distribution of NOXE's designs, brand name, logo, or copyrighted content, in any form;
  2. Take down all infringing listings, posts, advertisements, or content from [insert platform(s)/URL(s)];
  3. Provide written confirmation of compliance with the above, along with details of any stock, materials, or content already produced/sold bearing the infringing material;
  4. [Optional: "Disclose the quantum of sales/profits made through the infringing products, for purposes of further claim."]

Please note that this notice is issued without prejudice to my right to claim damages, an account of profits, and/or other relief, all of which are expressly reserved.

5. Consequences of Non-Compliance

Should you fail to comply with the above within the stipulated time, I will be left with no option but to initiate appropriate legal proceedings against you, including but not limited to a suit for permanent injunction, damages, and an account of profits, before a competent court of law, entirely at your risk, cost, and consequence. I may also pursue takedown requests directly with the relevant platforms (Instagram, Shopify, marketplaces, etc.) under their respective intellectual property infringement policies.

This notice is issued without prejudice to any other rights and remedies available to me under law, all of which are expressly reserved.

A copy of this notice has been retained for record and future reference.

Yours sincerely,

Tapish Shukla Founder, NOXE 1938/1 opposite LIC CBO 3 madan mahal jablpurwearnoxeofficial@gmail.com, +91 6264712918, 15/06/2026