{"id":41281,"date":"2018-02-09T10:35:36","date_gmt":"2018-02-09T05:05:36","guid":{"rendered":"http:\/\/localhost\/one\/?p=41281"},"modified":"2025-06-16T17:37:06","modified_gmt":"2025-06-16T12:07:06","slug":"dupont-insecticide-infringement-beatles-counterfeiters-trademark-news-india","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/dupont-insecticide-infringement-beatles-counterfeiters-trademark-news-india\/","title":{"rendered":"DuPont Insecticide Infringement, Beatles Looking to Sink Counterfeiters and other news."},"content":{"rendered":"

\u201cIndian Trade Mark Statistics for February (Fiest Week) 2018, Beatles engage in counterfeit battle , Banaganapalle Mangoes GI Registered and more Weekly Trade Mark News\u201d brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n

TRADE MARK QUOTE OF THE WEEK<\/strong>
\n\u2018If you do not give the market the story to talk about, they\u2019ll define their brand story for you.\u2019
\n\u2013 Phil Dusenberry
\nINDIAN TRADE MARK STATISTICS <\/strong>
\nThe Indian Trade Mark Office had an upbeat week in comparison to the previous one. The total number of applications examined has increased by forty-one percent (41%). There has been an increase in the total number hearing issued by eighteen percent (18%). However, the total number of Registrations granted has been decreased by eleven percent (11%).
\nWeekly Indian Trade Mark Statistics<\/strong><\/p>\n\n\n\n\n\n\n\n\n\n
Particulars<\/strong><\/td>\nLast Week<\/strong><\/td>\nThis Week<\/strong><\/td>\nChange in %<\/strong><\/td>\n<\/tr>\n
Total Trade Mark Applications Examined by Trade Mark Office<\/td>\n6493<\/td>\n9170<\/td>\nAn increase of 41 %<\/td>\n<\/tr>\n
Total Applications Disposed through Show Cause Hearings<\/td>\n6075<\/td>\n6616<\/td>\nAn increase of 9%<\/td>\n<\/tr>\n
Total Applications Published in the Trade Mark Journal<\/td>\n8551<\/td>\n10104<\/td>\nAn increase of 18%<\/td>\n<\/tr>\n
Total Registrations Granted<\/td>\n7394<\/td>\n6525<\/td>\nA decrease of 11%<\/td>\n<\/tr>\n
Total Hearing Notices Issued<\/td>\n5665<\/td>\n6704<\/td>\nAn increase of 18%<\/td>\n<\/tr>\n
Total Renewals Notices Issued<\/td>\n1138<\/td>\n2055<\/td>\nAn increase of 80%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0<\/strong>
\nTrade Mark Statistics by Office<\/strong>
\nTotal Number of New Applications Received from January 30th<\/sup>, to February 6th<\/sup> 2018<\/u><\/strong><\/p>\n\n\n\n\n\n\n\n\n\n
Sr. No<\/strong><\/td>\nJurisdiction<\/strong><\/td>\nNew Applications<\/strong><\/td>\nExamined<\/strong><\/td>\nPublished<\/strong><\/td>\nRegistered<\/strong><\/td>\n<\/tr>\n
1<\/td>\nAHMEDABAD<\/td>\n884<\/td>\n609<\/td>\n815<\/td>\n776<\/td>\n<\/tr>\n
2<\/td>\nCHENNAI<\/td>\n1367<\/td>\n749<\/td>\n1800<\/td>\n1037<\/td>\n<\/tr>\n
3<\/td>\nDELHI<\/td>\n2293<\/td>\n1505<\/td>\n3462<\/td>\n2553<\/td>\n<\/tr>\n
4<\/td>\nKOLKATA<\/td>\n432<\/td>\n227<\/td>\n247<\/td>\n334<\/td>\n<\/tr>\n
5<\/td>\nMUMBAI<\/td>\n1635<\/td>\n974<\/td>\n2082<\/td>\n1492<\/td>\n<\/tr>\n
Total<\/strong><\/td>\n\u00a0<\/strong><\/td>\n6611<\/strong><\/td>\n4064<\/strong><\/td>\n8406<\/strong><\/td>\n6192<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0<\/u><\/strong>
\nYearly Trade Mark Statistics<\/strong>
\nTrade Mark Statistics from January 01st<\/sup>, 2018 to February 6th<\/sup>, 2018<\/u><\/strong><\/p>\n

    \n
  • Total Number of Trade Mark Applications Filed \u2013 28599<\/li>\n
  • Total Number of Trade Mark Applications Examined \u2013 \u00a017675<\/li>\n
  • Total Number of Trade Mark Applications Published \u2013 43490<\/li>\n
  • Total Number of Trade Mark Applications Registered \u2013<\/strong> 33083<\/li>\n<\/ul>\n

    INTERESTING TRADE MARK<\/strong>
    \n\u00a0<\/strong>
    \nINDIAN TRADE MARK UPDATES<\/strong>
    \nAnsari Bilal Ahmadlal Mohd vs Shafeeque Ahmed Mohammad Sayeed<\/strong>
    \n\u00a0<\/strong>
    \nKeywords: Trademark Infringement, Passing off<\/strong>
    \nThe Appellant being the original defendant filed an appeal against the relief order passed by the Court in Notice of Motion wherein even the plaintiff requested interference of court for interim relief of the impugned order.
    \nThe plaintiff\u2019s is engaged in manufacturing and marketing “SUKOON OIL” used as a pain relieving massage oil under the said distinctively designed label and mark “NAGEENA SUKOON OIL” since 1993.The plaintiff applied for registration of trade mark “SUKOON” label which was accepted and advertised with condition that registration of this trade mark shall give no right to the exclusive use of device of lungs and word OIL and letters N, A and P. The plaintiff has also applied for word mark “SUKOON” which is pending being a registered proprietor of word mark “NAGEENA”.<\/p>\n

    In 2016, the plaintiff acknowledged that Defendant was engaged in the manufacturing, marketing and selling a similar Ayurvedic\/Unani medicine under the Trade Mark “SUKOON” and also under the deceptively similar label bearing the word “HEENA” written and depicted in similar manner to the word “NAGEENA”, plaintiffs\u2019 label. The plaintiff has also applied for registration of “HEENA SUKOON OIL” device mark claiming user since 1st June, 2012.
    \nThe defendant claimed that the calligraphy used by defendant company is of different style compared to that of plaintiff’s label. The plaintiff claimed that the defendant is violating plaintiff’s valuable, intellectual and intangible proprietary rights contained in the registered trade mark “SUKOON” label and\/or its essential ingredients i.e. word “SUKOON”. It also stated that defendant has deliberately adopted the impugned trade mark with mala-fide intention of passing off their product as and for that of the plaintiff. Therefore, the plaintiff filed a Suit for infringement of registered trade-marks and copyright being a label mark of “SUKOON OIL”.<\/p>\n

    Judgement:<\/strong>
    \nThe Court observed that as in this case majority of consumers of these products are local people, the test to be applied for observing passing off to be person of average intelligence and imperfect recollection.\u00a0Based on the documents produced showing the usage by the plaintiff since 1933 and the relevance of the product in market in addition with the passing off principles observed by the courts in earlier judicial precedents.<\/p>\n

    The Court held that the plaintiff has established a prima-facie case wherein the Defendant\u2019s mark “HEENA SUKOON OIL” is deceptively similar to the plaintiff’s mark known and styled as “NAGEENA SUKOON OIL”. Therefore, the Court held it as a strong case of passing off and held in favor of plaintiff and dismissed the appeal.<\/p>\n\n\n\n
    <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    INTERNATIONAL TRADE MARK UPDATES<\/strong>
    \nBeatles engage in counterfeit battle<\/strong>
    \nApple Corps, the owner of trade mark of Fab Four, a USA tribute band for the Beatles, has filed several lawsuits for counterfeit merchandise against 50 online vendors. The suit has been filed against vendors selling merchandise with the marks \u2018Beatles\u2019 and \u2018Yellow Submarine\u2019 on clothes. Apple Corps has claimed $100 million as damages. It was claimed in the suit that the merchandise sold online is of substandard quality and therefore tarnishes the image of the Company.<\/p>\n

    TRADE MARK LICENSING UPDATES<\/strong><\/p>\n

    GEOGRAPHICAL INDICATION UPDATES<\/strong>
    \nBanaganapalle Mangoes Registered as Geographical Indication (GI)<\/strong>
    \nBanaganapalle Mangoes have been granted registration as a Geographical Indication with the Application Number 241. The GI has been filed by Horiculture Development Agency, Telangana under Class 31 which comprises of Agricultural, Horticulture and Forestry products. The fruit is known for very light skin and thin seeds. It can be preserved up till three months.
    \nBANANAIP TIP OF THE WEEK<\/strong><\/p>\n

    <\/div>\n
    If you have any questions, or need any clarifications, please feel free to write to contact@bananaip.com<\/div>\n
    <\/div>\n
    Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP\u2019s reporters may not have verified all the news published in the bulletin. You may write to contact@bananaip.com for corrections and take down.<\/div>\n","protected":false},"excerpt":{"rendered":"

    The bulletin reviews Indian trademark activity, a court ruling on SUKOON OIL trademark infringement, and Apple’s actions against Beatles counterfeiters. It also reports the Geographical Indication registration of Banaganapalle Mangoes, reflecting recent legal trends.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":4,"footnotes":""},"categories":[6,11],"tags":[8944,8943,8664,8942,184,2756,5510,41],"class_list":["post-41281","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-apple-corps","tag-banaganapalle-mangoes","tag-beatles","tag-counterfeit-merchandise","tag-geographical-indication","tag-indian-trademark-statistics","tag-legal-updates","tag-trademark-infringement-2"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41281","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=41281"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41281\/revisions"}],"predecessor-version":[{"id":136555,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41281\/revisions\/136555"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=41281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=41281"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=41281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}