{"id":66633,"date":"2019-11-06T18:44:02","date_gmt":"2019-11-06T13:14:02","guid":{"rendered":"http:\/\/localhost\/one\/?p=66633"},"modified":"2025-06-26T15:34:23","modified_gmt":"2025-06-26T10:04:23","slug":"trademark-law-updates-india-colour-ownership-bentley-harry-potter","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/trademark-law-updates-india-colour-ownership-bentley-harry-potter\/","title":{"rendered":"Can You Own a Colour? T-Mobile\/Deutsche Telekom Certainly Thinks So, Bentley Disrobed by Bentley Clothing, Medi-cured via Compromise, The Harry Potter Accessories Juggernaut, and more"},"content":{"rendered":"

Can you Own a Colour? T-Mobile\/Deutsche Telekom Certainly Thinks So, Bentley Disrobed by Bentley Clothing, Medi-cured<\/em> via Compromise, The Harry Potter Accessories Juggernaut Doesn\u2019t Stop, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.<\/p>\n

INDIAN TRADEMARK UPDATES<\/h2>\n

Medi-cured<\/em> via Compromise<\/strong><\/h3>\n

Medicare Hygiene Ltd., an Ahmedabad-based manufacturer and exporter of medical products, had filed a trademark-infringement suit against Vivan Medicare Pvt. Ltd., another medical products manufacturer. The suit alleged that the latter\u2019s use of the word \u2018Medicare\u2019 and the \u2018medi\u2019 as a prefix and suffix in the names of its products encroached upon Medicare Hygiene\u2019s trademarks, causing confusion amongst consumers. The Ahmedabad-based company has claimed ownership of the mark \u2018Medicare Private Company\u2019. A compromise deal was struck between the two companies, with the directors of Vivan affirming before the Mirzapur Rural Court that they would cease to use the word \u2018Medicare\u2019, as well as \u2018medi\u2019 in any of their products. The compromise deed was taken on record by the Court, and the suit was decreed in favour of Medicare Hygiene.<\/p>\n

INTERNATIONAL TRADEMARK UPDATES<\/h2>\n

Can You Own a Colour? T-Mobile\/Deutsche Telekom Certainly Thinks So<\/strong><\/h3>\n

Deutsche Telekom, the largest telecommunications company in Europe, best known for its subsidiary, the mobile carrier T-Mobile, claims it has exclusive rights over the colour magenta, and it\u2019s taking the battle to the courts. Lemonade, a New-York based AI-powered insurance company, received a letter from Deutsche Telekom, demanding it stop using magenta entirely. Deutsche Telekom has also obtained an injunction on Lemonade\u2019s use of the colour in Germany, forcing Lemonade to temporarily switch to red in the country. Lemonade\u2019s logo is pink, and it uses pink extensively in its Instagram marketing campaign, where everyday objects are dunked in pink paint. On its end, Deutsche Telekom claims that it owns a colour mark (on RAL 4010, a shade of magenta) and the colour magenta is widely associated with the company and its brand. Interestingly, this isn\u2019t Deutsche Telekom\u2019s first foray into its exercise of dominion over the colour; it has previously sued mobile carriers AT&T and Telia, as well as companies ranging from smartwatch makers and device management specialists.\u00a0 It has actually succeeded in some of these claims. Perhaps echoing all our sentiments, Shai Wininger, COO and co-founder, Lemonade said, \u201cAt first we thought DT couldn\u2019t be serious: monopolizing all the pink in the world sounds like something a cartoon villain would do in a Disney epic. But it was serious.\u201d He added, \u201cAs Miley Cyrus said, \u2018pink isn\u2019t just a colour, it\u2019s an attitude.\u2019\u201d<\/p>\n

Bentley Disrobed by Bentley Clothing<\/strong><\/h3>\n

Bentley Motor Limited, the well-known British luxury car manufacturer, lost a decade-long trademark battle with Manchester-based Brandlogic, a small, family-owned stock-clearance company, over the use of the word \u2018Bentley\u2019 on clothing, in a ruling by the High Court of Justice in London.\u00a0 The Court held that the automobile company had infringed upon Brandlogic\u2019s trademark over the Bentley Clothing brand, which had been registered in 1982. Bentley Motors said that it would consider an appeal. However, if it fails to obtain permission to do so, it might have to destroy existing clothing products that bear the word, or deliver them to Brandlogic. The Judge noted that the automobile company began selling clothes with its name in 1987, and though, for a while there was \u201chonest concurrent use\u201d, it soon translated into \u201ca steady encroachment on Bentley Clothing\u2019s goodwill\u201d.<\/p>\n

BRAND LICENSING UPDATES<\/h2>\n

Forever 21 and Hershey\u2019s Launch a Sweet Deal<\/strong><\/h3>\n

Forever 21, the American fast fashion retailer, has teamed up with The Hershey Company, one of the largest chocolate manufacturers in the world, to launch an apparel holiday collection called \u201cForever 21 x Hershey\u2019s\u201d. The clothing retailer is using several of Hershey\u2019s most popular brand names like Reese\u2019s, Jolly Rancher, and York.\u00a0 The collection will comprise of a range of women\u2019s and men\u2019s clothing, as well as accessories, including pullover hoodies, crop tops, onesies, pyjamas, and even a Kisses-shaped pillow. Forever 21 has previously incorporated several popular food brands, including Cheetos and Taco Bell, in its clothing.<\/p>\n

The Harry Potter Accessories Juggernaut Doesn\u2019t Stop<\/strong><\/h3>\n

Wizarding World Digital has partnered with Wonderbly, a technology and publishing business, to launch a personalised Harry Potter themed journal called Keys and Curios. Wizarding World Digital is a joint venture between Warner Bros., the distributor of the Harry Potter films, and Pottermore Ltd., a digital publishing and entertainment company owned by J. K. Rowling, the author of the celebrated Harry Potter series. The journal, which incorporates several interactive surprises and personalised features, including the fans\u2019 names and house traits, is part of a welcome gift package given to subscribers of Wizarding World Gold, a new annual paid subscription that adds to the Official Harry Potter Fan Club experience. The journal also includes \u201cenchanted keys\u201d that unlock special access to features on the Wizarding World mobile application.<\/p>\n

FRANCHISING UPDATES<\/h2>\n

InterContinental Hotels Group to Expand in India<\/strong><\/h3>\n

InterContinental Hotels Group (IHG), a British multinational hospitality company, best known in India for its Holiday Inn and Crowne Plaza brands, is planning to expand its luxury segment footprint in the Indian hospitality market. IHG envisions an expansion in southwest Asia, with a mixture of management contracts and franchising, from 39 to over 100 facilities in the next four to five years. In India, this expansion includes luxury boutique brands like InterContinental, Regent, Six Senses, and Kimpton. A Six Senses property is already underway at the 14th<\/sup> Century Fort Bawara in Ranthambore.<\/p>\n

DOMAIN NAME DISPUTE UPDATES<\/h2>\n

Domain Name Registrar Sued by Facebook Over Cybersquatting Domains<\/strong><\/h3>\n

Facebook, the ubiquitous American social media company, has sued domain name registrar OnlineNIC and proxy service ID Shield over the registration of domain names that were, according to Facebook, evidently created to pretend to be related to the social media behemoth. These domain names include facebook-pass.com, m-facebook-login.com, and iiinstagram.com, which could easily be used to mislead users, and to further phishing schemes. Facebook is seeking a permanent injunction against OnlineNIC as well as damages. OnlineNIC has a history of registering such cybersquatting domain names and has been previously sued by Yahoo and Microsoft.<\/p>\n

GEOGRAPHICAL INDICATION UPDATES<\/h2>\n
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Roso<\/span>golla<\/span>\u00a0<\/span>Battle\u00a0<\/span>Between\u00a0<\/span><\/span>Odis<\/span>h<\/span>a\u00a0<\/span>and\u00a0<\/span>West\u00a0<\/span>Bengal\u00a0<\/span>Finally\u00a0<\/span>Comes\u00a0<\/span>to\u00a0<\/span>an E<\/span>nd<\/span>\u00a0<\/span><\/strong><\/h3>\n<\/div>\n<\/div>\n
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The\u00a0<\/span>prolonged\u00a0<\/span>battle\u00a0<\/span>between\u00a0<\/span>Odisha\u00a0<\/span>and\u00a0<\/span>West\u00a0<\/span>Bengal\u00a0<\/span>over\u00a0<\/span><\/span>the\u00a0<\/span>much-coveted\u00a0<\/span>GI\u00a0<\/span>tag\u00a0<\/span>for <\/span>Rosogolla<\/span>\u00a0<\/span>has\u00a0<\/span>come\u00a0<\/span>to\u00a0<\/span>an\u00a0<\/span>end.\u00a0<\/span><\/span>While\u00a0<\/span>Odisha\u00a0<\/span>had\u00a0<\/span>been\u00a0<\/span>granted\u00a0<\/span>a\u00a0<\/span>GI\u00a0<\/span>over\u00a0<\/span><\/span>\u201cOdisha\u00a0<\/span><\/span>Rasagola<\/span>\u201d <\/span>in\u00a0<\/span>July\u00a0<\/span>2019,<\/span>\u00a0<\/span>a<\/span>\u00a0<\/span>petition\u00a0<\/span><\/span>had\u00a0<\/span>been\u00a0<\/span>filed\u00a0<\/span>by\u00a0<\/span><\/span>Ramesh\u00a0<\/span>Chandra\u00a0<\/span>Sahoo,\u00a0<\/span><\/span>C<\/span>hairman\u00a0<\/span>of\u00a0<\/span><\/span>the\u00a0<\/span>R<\/span>egional <\/span>D<\/span>evelopment\u00a0<\/span><\/span>T<\/span>rust\u00a0<\/span>in\u00a0<\/span>Odisha<\/span>,\u00a0<\/span><\/span>demanding\u00a0<\/span>the\u00a0<\/span>cancellation\u00a0<\/span><\/span>of\u00a0<\/span>West\u00a0<\/span>Bengal\u2019s\u00a0<\/span>GI\u00a0<\/span>over <\/span>\u201c<\/span>Banglar<\/span>\u00a0<\/span><\/span>Rosogolla<\/span>\u201d<\/span>,\u00a0<\/span>which\u00a0<\/span>Bengal\u00a0<\/span>had\u00a0<\/span>obtained\u00a0<\/span>in\u00a0<\/span><\/span>November\u00a0<\/span>2017.\u00a0<\/span><\/span>The\u00a0<\/span>Geographical <\/span>Indications\u00a0<\/span>Registry\u00a0<\/span><\/span>dismissed\u00a0<\/span>the\u00a0<\/span>petition\u00a0<\/span>and\u00a0<\/span>held<\/span>\u00a0<\/span>that\u00a0<\/span>West\u00a0<\/span>Bengal\u00a0<\/span><\/span>would<\/span>\u00a0<\/span>retain\u00a0<\/span>its\u00a0<\/span>tag\u00a0<\/span>on <\/span>\u201c<\/span>Banglar<\/span>\u00a0<\/span><\/span>Rosogolla<\/span>\u201d,\u00a0<\/span><\/span>owing\u00a0<\/span>to\u00a0<\/span>a\u00a0<\/span>delay\u00a0<\/span><\/span>in\u00a0<\/span>presenting\u00a0<\/span>evidence<\/span>\u00a0<\/span>within\u00a0<\/span>the\u00a0<\/span>stipulated\u00a0<\/span>timeline, <\/span>on\u00a0<\/span><\/span>behalf\u00a0<\/span>of\u00a0<\/span>Mr.\u00a0<\/span>Sahoo.<\/span>\u00a0<\/span><\/span>Thus,<\/span>\u00a0<\/span>currently,\u00a0<\/span>both\u00a0<\/span>states\u00a0<\/span>have\u00a0<\/span>a\u00a0<\/span>Geographical\u00a0<\/span>Indication\u00a0<\/span>on\u00a0<\/span>their <\/span>respective\u00a0<\/span>versions\u00a0<\/span>of\u00a0<\/span>the\u00a0<\/span><\/span>Indian\u00a0<\/span>sweet.<\/span>\u00a0<\/span><\/p>\n<\/div>\n<\/div>\n

Authored and compiled by Param Gupta<\/strong>
\nAbout BIP\u2019s Trademark Attorneys<\/strong>
\nThe Trademark News Bulletin is brought to you by the Trademark\/Copyright, IP Transactional Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. Led by\u00a0<\/em>Sanjeeth Hegde<\/em><\/a>, BIP\u2019s trademark attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to\u00a0<\/em>contact@bananaip.com<\/em><\/a>\u00a0with the subject: Trademark News.<\/em>
\nThe weekly trademark news initiative is a part of their pro bono work and is aimed at spreading trademark awareness. You are free to share the news with appropriate attribution and backlink to the source.<\/em><\/p>\n

Disclaimer:<\/em><\/strong>\u00a0Kindly 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\u00a0<\/em>contact@bananaip.com<\/em><\/a>\u00a0for corrections and take down.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

The latest trademark law updates feature notable cases on colour ownership, brand licensing, and geographical indications. Insights include the magenta trademark dispute, Bentley Clothing\u2019s legal victory, and developments in Indian franchising and GI registration.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":15,"footnotes":""},"categories":[6,11],"tags":[731,3298,10730,2424,9508,639,5,101],"class_list":["post-66633","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-bananaip","tag-brand-licensing","tag-colour-trademark","tag-domain-name-disputes","tag-franchising-india","tag-geographical-indications","tag-intellectual-property","tag-trademark-law"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/66633","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=66633"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/66633\/revisions"}],"predecessor-version":[{"id":140328,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/66633\/revisions\/140328"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=66633"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=66633"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=66633"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}