L\u2019Oreal Faces Trademark Opposition from Marshmello, Phonetically Generic Trademark Protectable?, BoAt Collaborates with Designer Masaba and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.<\/p>\n
The Delhi High Court, in a recent decision, vacated an interlocutory injunction granted to Delhivery Private Limited, a logistics and transport services provider. The interlocutory injunction was granted against Treasure Vase Ventures Private Limited, which had adopted a trademark \u2018DELIVERE\u2019, which was found to be similar to Delhivery Private Limited\u2019s registered trademark \u2018DELHIVERY\u2019. On appeal, the Delhi High Court held that both marks were derived from the same word \u2018Delivery\u2019, and although Delhivery Private Limited had registered the trademark \u2018DELHIVERY\u2019, the mark was still a phonetically generic one, and had not acquired a secondary meaning among consumers. Therefore, the interlocutory injunction granted against Treasure Vase Ventures Private Limited was vacated, and both marks were allowed to co-exist. L\u2019Oreal, the world\u2019s largest cosmetic company has found itself in the midst of an opposition battle over the trademark \u2018The Mello Brand\u2019. Electronic music artist Marshmello has filed a notice of opposition with the US Trademark Trial and Appellate Board (TTAB) against the mark, which has filed by L\u2019Oreal for make-up preparations. The electronic music producer has alleged in the notice that L\u2019Oreal is using a mark which is relatable and phonetically similar to his name. Although Marshmello\u2019s existing trademarks do not cover beauty products, the opposition notice states that the use of a similar mark by the beauty manufacturer infringes on the artist\u2019s turf for expansion into different products. L\u2019Oreal has until the 7th<\/sup> of December to respond to the opposition.<\/p>\n Popular social media platform, Instagram, recently filed a notice of opposition against the mark \u2018INSTAKARMA\u2019 filed by R3 Media Corporation, a media\u00a0network\u00a0company, for the use of the mark in connection with mobile applications. Instagram has claimed in the opposition, which has been filed with the US Trademark Trial and Appellate Board (TTAB), that its own mark \u2018INSTAGRAM\u2019 has been in use since 2010, and therefore, Instagram has amassed a stellar reputation and a large user base. The use of the mark INSTAKARMA will dilute Instagram\u2019s mark, and create confusion among the consumers about an affiliation between the two companies. R3 Media will now have to respond with their Counter Statement and defend their application.<\/p>\n India\u2019s first bottled stout beer manufacturer Simba has launched beer-based caramel chocolates, in collaboration with Kerela based chocolatier Paul and Mike. Apart from the chocolates, Simba is all set to diversify its product portfolio this festive season by launching a wide range of merchandize which includes scented candles as well as beer-based gourmet dips and sauces. Keeping in trend with the online shopping, its products will be available on e-commerce websites for easy access.<\/p>\n Electronic products manufacturer BoAt has collaborated with fashion designer Masaba Gupta to unveil a new line of headphone designs. The new collection boAt \u00d7 Masaba,\u00a0is inspired by the disco divana era of the \u201970s up to the millennial 2020s. The collection which showcases vintage patterns made its debut at the Lakme Fashion Week’s first digital edition 2020, which was held in the last week of October 2020.<\/p>\n An Italian shredding products manufacturer, Elcoman Srl, recently filed a cybersquatting dispute under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), against Marc Ellis, the owner of the domain name Kobra.com<\/a>. Elcoman Srl sold its paper shredding products under the mark \u2018Kobra\u2019 and had registered several trademarks for the same as well. The WIPO Panelist, in its decision stated Elcoman has not provided any evidence which shows that the domain name Kobra.com<\/a> was registered in bad faith. On the other hand, the domain has been continuously used by Marc since 2002. Therefore, the claim of cybersquatting was denied, and Elcoman Srl was found indulging in reverse domain name hijacking instead.<\/p>\n Puttapaka Telia Rumla, commonly known as Telia Rumal has been granted a Geographical Indication Tag (GI). Telia Rumal is a unique tie and dye technique that uses oil for the treatment of the yarn that helps it retain softness and has a distinct smell of gingelly oil. Telia Rumal originated in Chirala, Andhra Pradesh and was patronized by the Nizam\u2019s of Hyderabad. The application for the GI has been filed by The Consortium of Puttapaka Handloom Cluster -IHDS.<\/p>\n Authored and compiled by Uma T.S, Shreya Chaddha, & Varun Gopalakrishnan<\/strong>
\nCitation: Delhivery Private Limited vs. Treasure Vase Ventures Private Limited [CS (COMM) 217\/2020, I.A.S 5109\/2020, 6523\/2020 & 6572\/2020]<\/em><\/p>\nINTERNATIONAL TRADEMARK UPDATES<\/strong><\/h2>\n
L\u2019Oreal Trademark Faces Opposition from Marshmello<\/strong><\/h3>\n
Instagram Files Opposition against the Mark \u2018INSTAKARMA\u2019<\/strong><\/h3>\n
BRAND LICENSING UPDATES<\/strong><\/h2>\n
Simba Collaborates with Paul and Mike for Beer Based Chocolates<\/strong><\/h3>\n
BoAt Collaborates with Designer Masaba<\/strong><\/h3>\n
DOMAIN NAME DISPUTE UPDATES<\/strong><\/h2>\n
Shredding Products Manufacturer Found Engaging in Reverse Domain Name Hijacking<\/strong><\/h3>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Telia Rumal Granted GI Tag<\/strong><\/h3>\n
\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