Policybazaar Trademark Infringement, Narasapur Crochet Lace Applied for GI, Plant Based Dairy Alternatives Cannot use the Term \u201cMilk\u201d in the EU and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.<\/p>\n
In a recent application for injunction before the Delhi High Court, PB Fintech, the operator of policybazaar.com<\/a> and paisabazaar.com<\/a> websites, obtained a favourable order against several infringing websites. The suit was filed against eight rogue entities, which were allegedly operating websites that incorporated PB Fintech\u2019s \u2018Policybazaar\u2019 and \u2018Paisabazaar\u2019 trademarks, which led consumers to believe that these websites were associated with PB Fintech.\u00a0 Along with the unauthorised use of PB Fintech\u2019s trademarks, these entities had also registered confusingly similar domains such as \u2018policybazaarclub.com<\/a>\u2019,\u00a0 \u2018paisabazaarfinance.in<\/a>\u2019, and \u2018paisabazaras.com<\/a>\u2019 among others. The Delhi High Court found that PB Fintech had established a prime facie case of trademark infringement and passing off, and ordered the domain name registrars and internet service providers to block access to the infringing domains. Team Rubicon Inc., a non-profit American disaster relief organisation, recently succeeded in terminating a trademark licensing agreement with its former affiliate Team Rubicon Global Inc., before the U.S. Court of Appeals for the Second Circuit. Team Rubicon Global Inc., the licensee, allegedly failed to address certain sexual harassment allegations against its sister organisations\u2019 CEOs, which was an explicit quality control requirement under the trademark licensing agreement. Team Rubicon Inc. argued that if Team Rubicon Global Inc. were to continue using its trademarks, it would lead to irreparable harm to the \u2018Team Rubicon\u2019 trademark and brand name. The U.S. Court of Appeals held that Team Rubicon Inc. was entitled to terminate the trademark licensing agreement as Team Rubicon Global Inc. did not adhere to the quality control provisions explicitly mentioned therein.<\/p>\n The European Union Intellectual Property Organisation (EUIPO) recently refused to register the tagline \u2018It\u2019s like milk but made for humans\u2019<\/em>, filed by Oatly, an oats-based alternative food manufacturer from Sweden, by citing a new law passed in the European Union. The new regulation brought by the European Parliament restricts all plant-based dairy alternatives from incorporating dairy names such as \u2018milk\u2019, \u2018yogurt\u2019, or \u2018cheese\u2019 in their branding and marketing. Oatly\u2019s tagline registration was therefore, denied, with the EUIPO stating that \u201cpeople know cow\u2019s milk is for calves\u201d, and that using the term \u2018milk\u2019 in the marketing of an oats-based product was against the recent EU regulation.<\/p>\n Rizzle, Hyderabad based short series app, has partnered with Sony Music Entertainment (SME), to make SME\u2019s music catalogue available on its application. Rizzle shot to fame after the ban of popular app Tik Tok. Just like Tik Tok, Rizzle allows users to create 60 second videos, with the difference that it did not have any soundtracks. However, with the current partnership with SME, Rizzle will have access to Sony\u2019s collection of music, ranging from English, Bollywood to South Indian songs. The collaboration is also providing promotional opportunity for SME\u2019s new releases and new artists on Rizzle Short Series, a scripted or unscripted episodic video series by Rizzle.<\/p>\n Apparel manufacturer Levis has collaborated with Hello Kitty to launch new face masks featuring the iconic\u00a0Sanrio\u00a0characters. The reusable cotton masks will come in two styles- one with Hello Kitty and some of her friends, whereas the second one will have the traditional Hello Kitty pattern in her blue overalls. The face masks will be available in small and large sizes, retailing for\u00a0$10 each.<\/p>\n A panel of the Forum, an American domain name dispute resolution service provider, recently found that Peoples Bank of Mississippi attempted reverse domain name hijacking for the domain \u2018PeoplesBank.com<\/a>\u2019 by initiating a cybersquatting dispute against Xedoc Holding SA, the domain name owner. Xedoc Holding refuted the allegations of cybersquatting and stated that there were thousands of banks which used the term \u2018Peoples Bank\u2019 all over the world, and the Peoples Bank of Mississippi could not claim exclusive rights over such term. The Forum panel held that there was no evidence to show that Xedoc Holding was targeting the Peoples Bank of Mississippi, which was a relatively small bank, and instead determined the case as one of reverse domain name hijacking.<\/p>\n Andhra Pradesh (AP) based Narasapur Crochet Lace has been applied for Geographical Indication. The Narsarpur cluster is known for handmade crocheted lace of lrish origin, which is the process of creating textiles by using a crochet hook to interlock loops of yarn, thread, or strands of other materials. The craft originated during the 1800\u2019s in the 19 mandals of East and West Godavari districts of AP and has been passed down through generations. The application has been filed by three entities together, The West Godavari District Alankriti Lace Manufacturing Mahila Mutual Aided Co-operative Society\u2019s Federation Limited, The Narasapur All India Crochet Lace Exporters Association, and the Andhra Pradesh Handicrafts Development Corporation Limited. The laces are exported to UK, US, Canada and France.<\/p>\n Authored and compiled by Uma T.S, Shreya Chaddha, & Varun Gopalakrishnan<\/strong> The 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.<\/p>\n
\nCitation: Pb Fintech Pvt Ltd vs Policy Bazar Finance & Ors [CS (COMM) 471\/2020 & I.A. No. 9795\/2020]<\/em><\/p>\nINTERNATIONAL TRADEMARK UPDATES<\/strong><\/h2>\n
Termination of Trademark License Held Over Quality Control Provision<\/strong><\/h3>\n
Plant Based Dairy Alternatives Cannot use the Term \u201cMilk\u201d in the EU<\/strong><\/h3>\n
BRAND LICENSING UPDATES<\/strong><\/h2>\n
Rizzle Short Series Video App Now has Access to Sony Music\u2019s Catalogue \u00a0<\/strong><\/h3>\n
Levi\u2019s Collaborates with Hello Kitty for Face Masks<\/strong><\/h3>\n
DOMAIN NAME DISPUTE UPDATES<\/strong><\/h2>\n
Peoples Bank of Mississippi Attempts Reverse Domain Name Hijacking<\/strong><\/h3>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Narasapur Crochet Lace Applied for GI<\/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\u00a0Sanjeeth 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\u00a0contact@bananaip.com<\/em><\/a>\u00a0with the subject: Trademark News.<\/p>\n