National federation of Indian American Associations
(NFIA)
Contact for further information
Niraj Baxi, President, NFIA (408) 973-9161
Rajen Anand, President-elect, NFIA (562) 537-1077
Pramod Kamdar, Vice President, NFIA (858) 538-0666
Los Angeles. After more than eight months of litigation between the National Federation of Indian American Associations (NFIA), which is currently headed by Niraj Baxi and a similarly-named group comprised of Ramesh Patel, Anna Prasad, Bhailal Patel, Govind Vaghashia and others, the NFIA has again prevailed in the Courts. In accordance with the February 5, 2004 Stipulated Final Judgment and Order for Permanent Injunction, the defendants are permanently restrained from using the name of National Federation of Indian American Associations, NFIA, its logo, or any other similarly confusing name, including the North American Federation of Indian Associations (NAFIA). The Court also required the breakaway group to pay $20,000 to NFIA to partially cover its attorneys’ fees. The amount has already been paid.
Baxi, the current president of
NFIA said, “ I am pleased by the outcome of this lawsuit, but I wish we did not
have to go through it. Having a conflict with our own people is not a pleasant
task, but we were left with no choice except to defend the identity of our 24-
year old organization.” He added,
“It is time to move forward energetically and enthusiastically in pursuing our
common goals and objectives and I would like to see all people join us in
effectively serving the community, the primary role of
NFIA.”
According to Baxi the breakaway
group had used the NFIA name, without permission, since 1998. “The officers of this group were asked
to refrain from using the NFIA name on multiple occasions through legal letters
sent by our attorneys. However, these requests were totally ignored,” explained
Baxi.
In May 2003, the defendants (Ramesh Patel et al) advertised in newspapers that it was holding 12th biennial convention under the name of NFIA in Chicago, IL, May 25-27, and set up a website with the list of officers purportedly belonging to NFIA. The legitimate NFIA, an umbrella organization of various associations from all over the United States, had already held its 12th biennial convention in October 2002 in Detroit MI. Concerned about the grave confusion in the community generated by defendants’ attempted theft of NFIA’s identity, the NFIA demanded that defendants cease and desist from violating the NFIA’s duly registered federal trademark filed with the U.S. Patent and Trademark Office by the NFIA’s previous president, Haresh Panchal.
When it was clear that
defendants would not refrain from using NFIA’s identity, the NFIA filed a
lawsuit in the United States District Court (Case No. SA-CV 03-779) on May 20,
2003, and were granted a Temporary Restraining Order (TRO) preventing defendants
use of the NFIA name or its logo.
On July 6, 2003, the Court granted NFIA’s Preliminary Injunction,
restraining defendants from using the NFIA name.
Defendants filed a counter lawsuit against the NFIA,
alleging claim for cancellation of the NFIA’s federal trademark. The Court
dismissed defendants’ claim on October 6, 2003, with a leave to amend. On
October 26, 2003, Defendants (Ramesh Patel and Anna Prasad et al) voluntarily
withdrew their counter claim and subsequent discussion between parties resulted in
defendants agreeing to the terms of the Final Judgment, including the payment of
$20,000.
President-elect of NFIA, Rajen
Anand, told this newspaper, “We have prevailed in this lawsuit, for the truth
was on our side. However, we do not derive any pleasure in fighting this court
battle. The individuals in the breakaway group are our own people, who have
worked with us in the past and we look forward to working with them in the
future. I hope we all have learned some significant lessons from this expensive
endeavor.”
Parthasarthy Pillai, the
Chairman of the NFIA Foundation, said, “I am happy to see the end of this legal
action. It is time to move on and continue to perform service in the interest of
the community.”
Baxi said, “it is time for NFIA
to put this lawsuit behind and pursue our national agenda now.” “NFIA will
continue to address issues related to immigration, visas and hate crimes promote
participation of individuals in the mainstream politics, strengthen US-India
relations, and deal with concerns of our seniors, women and youth,” remarked
Baxi.
Chronology of the
NFIA Lawsuit against the breakaway group
May 2003
Ramesh Patel, Ana Prasad and Bhailal Group announced 12th
Biennial Convention,
under the name of NFIA, to be held in Chicago, IL on
the Memorial Day weekend. The NFIA already held its 12th biennial
convention in October 2002 in Detroit, MI. A website with names and pictures of
officers appeared on the Internet.
May 12, 2003
NFIA Attorneys wrote a letter to each one of the officers listed on the
Website requesting them not to use the name and logo of NFIA and not call the
convention 12th biennial. The letter was ignored by everyone. No
reply was received by the deadline (May 19).
May 21, 2003
NFIA was granted Temporary Restraining Order (TRO) against Ramesh Patel
et al ordering them to cease the use of NFIA. The Hotel at which the convention
was being held was told to remove all banners, flyers, souvenirs etc bearing the
name of NFIA. The Group changed its name as North American Federation of Indian
Associations (NAFIA).
June 7, 2003
Court Hearings were held in Los Angeles. The Defendant’s attorney
promised to cooperate with the Plaintiff and instruct his clients not to use the
NFIA name or any confusingly similar names. He asked for continuation of the
hearing. The Judge granted a 30-day continuation.
July 6, 2003
The Defendants changed their attorney and asked for another continuation
of the case. The Judge denied their request.
July 15, 2003
The Court issued Preliminary Injunction in line with the Temporary
Restraining Order against Ramesh Patel et al.
July 18, 2003
The Defendants file a Counter Lawsuit against the individual officers of
NFIA, charging them with fraud.
August 18, 2003 Amended
Counter Lawsuit by the Defendants was filed.
October 6, 2003 The
Court dismissed Counter Lawsuit filed by Ramesh Patel, Ana Prasad and Bhailal
and Govind Vaghashia group in the Court of Judge Harry L.
Hupp.
November 17, 2003 A settlement Conference
was held in the Court of Magistrate Marc Goldman.
Ana Prasad and Govind Vaghashia were present. The Court ordered the
Defendants to settle the case and make a partial payment of the Plaintiffs
attorney fees before January 9, 2004 or everyone appear before the Court on that
day.
January 9, 2004 All
the Defendants, including Ramesh Patel, Bhailal Patel, Ana Prasad, Govind
Vaghashia, and others, except two signed the Consent Decree after amending it to
remove the FIA and term it as settlement instead of Judgement. Money
received.
January 23, 2004
Each of the Defendants signed the Consent Decree. The papers were
submitted to the Court.
End