ARUN NATARAJAN

ADVOCATE
NC ASSOCIATES

Office : GF-3, Prince Tower, No. 25 & 26, College Road, Nungambakkam, Chennai-600 006
Phone : +91-44-43021262,Telefax :+91-44-28214040 E-mail : ncassociates@hotmail.com
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PUBLIC NOTICE


      3 July 2013.

Our client MATHER (including its constituent companies: Mather & Company Pvt. Ltd., Mather Projects Pvt. Ltd., Mather Projects & Constructions Ltd., Mather Home Care Pvt. Ltd. and Mather Academic Services - Section 25 'Not for Profit' ) have been in the business of construction, real estate, manufacturing etc. and have investments in education, dairy farming and healthcare since 1929-30 with the first company in Mather Group 'Mather and Company Pvt. Ltd.' incorporated in 1944. Our client is the proprietor of the brand 'MATHER' across all trademark classifications in India (except classes 7 & 16) and in class 37 in UK, UAE, Kuwait, Bahrain, Oman and Saudi Arabia as per registrations obtained under the applicable law. Our client's trademark application for 'Mather' is pending approval in Qatar, Bangladesh, Sri Lanka, Singapore, Malaysia and Indonesia as per the applicable law. Our client is also the proprietor of the copyright for 'MATHER'in India as per the applicable law.

Our client brings to the notice of investors, persons engaged in business especially in real estate and logistics sectors, stock exchange functionaries, investment brokers and bankers, financial and market analysts, public authorities empowered to sanction trade names and the service mark / trade mark / corporate name'MATHER'(either alone or in conjunction with another expression) including Mather and Company Pvt. Ltd., other statutory authorities of both Central and State Governments, media organizations (print, TV and other forms) and the public at large the following:

Since inception, our client has had customers in India and abroad. Our client presently has offices in Cochin, Thiruvananthapuram, Kozhikode, Mumbai, New Delhi, Dubai (UAE) and clients in USA, European Union including UK, Middle East including Saudi Arabia, Oman, Qatar, UAE, Bahrain, Kuwait and ASEAN Countries including Singapore.

Our Client is the proprietor / owner of the said Trademark / Brand / Logo / Copyright 'MATHER' which is not only their Trade Name but also their House Mark and has been using said Trademark / Logo / Brand / Copyright since its inception. It is the most valuable asset of our client & a very prominent aspect of their business activities.

It has come to the notice of our client recently that some parties are fraudulently and without authorization using our client's proprietary Trade Mark / Trade Name / Brand / Logo 'MATHER'. Our client has also noticed the formation and advertisement of some incorporated and unincorporated concerns using the trademark / trade name 'MATHER' of our client as part of their corporate name, trade name or trademark without any authority whatsoever. The promoters of these companies are unscrupulously and deliberately using our client's well-known trademark / corporate name 'MATHER' to wrongfully project to consumers and potential investors their association with our client 'MATHER' and attention is drawn particularly to a recent campaign in Kerala and the Middle East media (Print, TV and Online) by a company Asten Realtors Pvt. Ltd. (allegedly owned by few relatives of our client's Chairman) projecting themselves as 'AN ASTEN MATHER COMPANY'. Our client states on record that our client has no relationship whatsoever with the activities of the said company and shall not be responsible in any manner for any acts, omissions and / or commitments made by them.In this respect, our client also brings to the notice of the public that one Mr. Saad Mather (Son of Mr. K A Siraj Mather, a relative of our client's Chairman and one Mr. Hydrose Noushad got a company incorporated in Coimbatore by the name Asten-Mather Realtors Pvt. Ltd. against which our client filed a complaint, under Section 22 of the Indian Companies Act, 1956 which has been upheld by the Competent Authority of the Ministry of Corporate Affairs, Government of India who directed the said company to drop the word 'Mather' from it's name vide order dated 07 February, 2013. Mr. Saad Mather representing Asten-Mather Realtors Pvt. Ltd., Coimbatore also filed a Writ Petition in the Hon. High Court of Kerala (WP(C).No. 5041 of 2013 (E)) against the order of the Competent Authority under Section 22 of the Indian Companies Act, 1956 which also was dismissed by the Hon. High Court of Kerala vide it's order dated 12 April, 2013.

Notice is hereby also given to the public at large that any unauthorized use of the Trade Mark / Logo / Brand 'MATHER' or any part thereof or any other deceptively similar trade name, trade mark, brand name, logo. Advertisement tagline constitutes an infringement, violation and copying of our client's proprietary rights in the said Trademark and Logo 'MATHER', for which legal proceedings, both civil and criminal shall be initiated against such persons entirely at their costs, risk and consequences, including but not limited to damages / account of profits against them in such proceedings.

The public is also cautioned against investing in such companies or otherwise dealing with them, whose basic aim is to cause deception and confusion in the market by wrongfully projecting their association with our client MATHER. Our client states that it has no connection whatsoever with such companies and puts on record that our client must not be held liable for any irregular and / or illegal acts of such companies. Our client also requests the public at large to review the public notice issued by our client on 16 August 2012 in all major newspapers in Kerala which is also available in the website www.matherprojects.com Further, our client Mather declares that all communications, advertisements and promotional materials of Mather will have the Mather logo in Green Square which is registered both under Trademark and Copyright laws in India and under trademark laws in UK, UAE, Kuwait, Bahrain, Oman and Saudi Arabia and registration applications are pending approval in Qatar, Bangladesh, Sri Lanka, Singapore, Malaysia and Indonesia. Our client also wish to reassure through this notice that our client Mather's valued customers, clients, vendors, contractors and public at large that Mather, as always since 1929-30, is committed to honoring every legal commitment entered into by anyone with any of it's constituent companies / concerns.

All persons / firms / companies are cautioned against any infringement and misrepresentation, copying and imitating of the Trademark / Logo / Brand / Copyright 'MATHER' either wholly and / or partially. Anyone having information about any unauthorized use of the said Trademark / Logo / Brand / Copyright 'MATHER' is requested to notify Mather and Company Pvt. Ltd / Mather Projects Pvt. Ltd. through Chief Administration Officer, Mather and Company Pvt. Ltd. / Mather Projects Pvt Ltd., Rajaji Road, Cochin 682 035, India.

This public notice is being published on behalf of Mather including its constituent and associate companies as a matter of abundant caution in view of the information recently received by Mather as mentioned above.In case anyone wants further clarity regarding any specific transaction in land, apartments, villas, commercial space, commerce, trade or investment opportunity ostensibly claimed to be done on behalf of Mather, you may kindly contact our client Mather in regard to the same at +91 98950 11111 and speak with Chief Administrative Officer, Mather and Company Pvt. Ltd / Mather Projects Private Limited for any clarification.




For NC Associates,
Arun Natarajan
Advocate
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Chamber : 1 , High Court Chambers, High Court Buildings, Chennai - 600 104