Disclaimer:

Protecting Jan Akanksha’s Intellectual Property and Brand Identity (For Public Domain Use in India)

Jan Akanksha, a well-established non-governmental organization (NGO) operating in India for over a decade, takes pride in its unique brand identity and the intellectual property developed to support its social initiatives. To safeguard these assets and prevent confusion in the public domain, we present the following comprehensive legal disclaimers:

1. Trademarks and Copyrights:

• Trademark Protection (The Trade Marks Act, 1999): The name “Jan Akanksha” and logo are registered trademarks under the Trade Marks Act, 1999. This protection extends to any variations in spelling or pronunciation that could cause a likelihood of confusion. Unlicensed use of these trademarks, including on signage, marketing materials, branding elements, social media handles, domain names, or any other platform, is strictly prohibited. This includes variations such as “Jan Akanksha Foundation,” “Jan Akanksha Parivartan,” “Janakanksha Pratishthan,” “Jan Akanksha Society,” or “Jan Akanksha Trust” – using these terms before or after “Jan Akanksha” to create a misleading impression of association is also a violation.
• Copyright Protection (The Copyright Act, 1957): All intellectual property associated with Jan Akanksha, including:
  • Written Content: Articles, blog posts, website content, social media content, mission statements, vision statements, program descriptions, event names (e.g., “Meri Kala Mera Hunar”, “My Art My Talent or Talents”, My Art My Skill or Skills”), and any other written materials.
  • Creative Materials: Images, videos, graphics, artwork, designs, concepts, and our overall brand identity.
  • Logos and Mottos: The Jan Akanksha logo and any associated mottos are also protected under copyright law. is protected by the Copyright Act, 1957. This protection extends to the original selection, coordination, and arrangement of such content.

2. Domain Names and Bank Accounts:

• Domain Names: We own and operate the domain names “janakanksha.org” and “janakanksha.com”. Any attempt to register similar domain names using “.in”, “.co.in”, or other Indian domain extensions with the intent to mislead the public or infringe upon our intellectual property rights is a punishable offense under the Trademark Act.
• Bank Accounts: The name “Jan Akanksha” is also protected in the context of bank accounts. Any organization using a similar name to open a bank account and solicit funds in our name constitutes a misrepresentation and a violation of the Indian Penal Code (IPC) (Sections 419, 420).

3. Content Duplication and Misappropriation:

• Unauthorized Duplication and Copying: The unauthorized duplication, copying, mirroring, or framing of our website content, social media posts, or other published materials is strictly prohibited. This includes republishing our content without proper attribution or using it for commercial purposes.
• Misappropriation of Intellectual Property: Extracting substantial portions of our content, modifying it slightly, and presenting it as your own original work constitutes copyright infringement. This applies to all the elements mentioned in Section 1 (Trademarks and Copyrights).

4. Legal Action and Financial Penalties:

• Legal Action: Jan Akanksha reserves the right to take appropriate legal action against any entity or individual found to be infringing upon our intellectual property rights. This may include pursuing civil lawsuits in the appropriate courts in India for trademark infringement, copyright violation, passing off, or any other relevant cause of action.
• Financial Penalties: In addition to legal action, Jan Akanksha may seek financial compensation for any damages caused by the infringement of our intellectual property rights. The severity of the penalty will be determined by the nature and extent of the violation, taking into account factors such as the level of willfulness involved, the potential harm caused to our reputation, and any profits gained from the infringing activity.

5. Use of Jan Akanksha’s Intellectual Property:

• Prior Permission Required: Before using any intellectual property belonging to Jan Akanksha, as outlined in Section 1 (Trademarks and Copyrights), you must obtain written permission from our national organization’s legal team. This includes using our content for any purpose, including personal, educational, or commercial use.
• Proper Attribution: If permission is granted to use our intellectual property, you must provide proper attribution to Jan Akanksha as the original source. This includes including a clear and visible credit line with a link back to our website or the original source of the content.

6. Territorial Scope and Governing Law:

These disclaimers apply to all states and territories within India. By accessing or utilizing any content associated with Jan Akanksha, you agree to abide by these legal terms and conditions and the relevant intellectual property laws of India.

Additional Considerations:

• Dispute Resolution: In the event of any dispute arising out of or in connection with these disclaimers, the parties agree to attempt to resolve the dispute amicably through negotiations. If negotiations fail, the dispute will be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in [City, State, India] and the decision of the arbitrator(s) shall be final and binding on the parties.
• Severability: If any provision of these disclaimers is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
• Governing Law: These disclaimers shall be governed by and construed in accordance with the laws of India.
• Jurisdiction: All Jurisdiction subject to Delhi.

7. Contact Us:

If you have any questions regarding these disclaimers or the use of Jan Akanksha’s intellectual property, please contact us at janakanksha2015@gmail[dot]com

We appreciate your cooperation in respecting and protecting our intellectual property.