Bombay High Court vacates injunction granted to ISKCON, Madurai Marikolunthu Sought for GI and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.<\/p>\n
In a recent decision by the Bombay High Court, an earlier injunction granted in favour of the Bombay branch of the International Society for Krishna Consciousness (ISKCON) has been revoked, in light of certain new facts that came to the fore. The interim injunction was granted on 18th<\/sup> December 2020 against Vishna Foods Private Limited, restraining them from using the \u201cISKCON\u201d trademark. Vishna Foods claimed that they received a license to use the \u201cISKCON\u201d mark from the Bangalore branch of ISKCON, which was vehemently denied by the Bombay branch. However, it was later revealed to the Bombay High Court that there was a dispute pending before the Supreme Court between the Bombay and Bangalore branches of ISKCON, regarding the licensing rights and independent usage rights of the \u201cISKCON\u201d trademark. In light of these facts, the Bombay High Court revoked the interim injunction granted against Vishna Foods, and further passed an order impleading the Bangalore branch of ISKCON in the case as well.<\/p>\n Citation: International Society for Krishna Consciousness (ISKCON) v. Vishna Foods (P) Ltd [I.A.(L) No. 1913 of 2021 with I.A.(L) No. 8962 of 2020 in COMIP (L) No. 8889 of 2020]<\/em><\/p>\n Internationally renowned fashion brand Burberry recently secured a preliminary injunction from the Suzhou Intermediate People\u2019s Court, against a Chinese entity, Xinobli Trading (Shanghai) Co. Ltd., which was found to be infringing several Burberry trademarks. The Chinese apparel retailer owned the brand \u2018Baneberry\u2019 and had registered the \u2018Baneberry\u2019 trademark, as well as a logo similar to Burberry\u2019s \u201cwarrior on horse\u201d logo. The Suzhou Intermediate People\u2019s Court noted that the \u2018Baneberry\u2019 trademarks were deceptively similar to Burberry\u2019s trademarks, and although they were registered since 2011, \u2018Burberry\u2019 was already a well-known mark at the time, with a wide presence in the Chinese market. The injunction was granted by the Court on an urgent basis, as both parties\u2019 goods were sold through similar trade channels, and the sale of \u2018Baneberry\u2019 products was having an adverse impact on Burberry\u2019s market share.<\/p>\n Luxury fashion brand Chanel has recently instituted a trademark infringement suit before the New York Federal Court, against US based accessory manufacturer \u2018Shiver + Duke\u2019. In the suit, Chanel asserts that Shiver + Duke has been manufacturing jewellery by sourcing authentic Chanel buttons bearing Chanel\u2019s iconic \u2018C\u2019 monogram logo, and using the same on chains, earrings, and bracelets. Chanel did issue a cease and desist letter to Shiver + Duke upon discovering the allegedly infringing goods, but the same was not complied with. The accessory manufacturer merely changed the description on the packaging of the jewellery to \u201cReworked\u201d and \u201cReimagined\u201d and continued to sell the same products as its own. Chanel has claimed monetary damages as well as an injunction to restrain Shiver + Duke from using the Chanel trademarks, or any other imitation thereof.<\/p>\n Entertainment network ViacomCBS Consumer Products and apparel manufacturer Benetton Group have signed a global license\u00a0agreement, for the design, production, and distribution of the iconic comic character Garfield. The agreement which is valid from 2021-2022, will be the first-ever Garfield collection for Undercolors of Benetton brand. The collection will include apparels and accessories and will be inspired by the philosophy of the iconic lazy feline. The collection will be available in the Benetton\u00a0retail\u00a0network including United and Undercolors around the world.<\/p>\n Denim brand Levis has collaborated with Danish fashion label Ganni to launch a new sustainable line of clothing. The collection which is made from cottonized hemp is focused on providing sustainable design. The new collection will include Ganni prints, denim dresses with Peter Pan collars, and \u201870s-inspired shapes.<\/p>\n Vital Pharmaceuticals, Inc., one of the largest energy drinks manufacturers in the United States, was recently handed an unfavourable decision by a panellist under the WIPO\u2019s Uniform Domain Name Dispute Resolution Policy (\u201cUDRP\u201d). Vital Pharmaceuticals is the owner of the energy drink brands \u2018Noo\u2019 and \u2019Noo Fuzion\u2019 and had intended to acquire the \u2018noo.com<\/a>\u2019 domain.\u00a0 It therefore submitted a cybersquatting dispute for the same under UDRP. However, the UDRP panel noted that the domain owner, Mahad Taheri, had acquired the domain in 2005 for a marketing business, which was 15 years before Vital Pharmaceuticals had registered any trademarks, including the \u2018Noo\u2019 trademark. Therefore, the WIPO panellist rightly held that the \u2018noo.com<\/a>\u2019 domain name was not registered or used in bad faith, and no case of cybersquatting could be made out. Vital Pharmaceuticals was, therefore, found to be engaging in reverse domain name hijacking.<\/p>\n Madurai Marikolunthu, an aromatic plant of South India has been applied for Geographical Indication (GI). Madurai Marikolunthu which originates from Madurai, is used for religious ceremonies and in making of garlands, bouquets, floral decorations and is quite popular due to its rich fragrance. The GI has been filed by the Madurai Meenakshi Sundareshwarar Malar Motha Vyabarigal Nala Sangam.<\/p>\n Authored and compiled by Uma T.S, Shreya Chaddha & Varun Gopalakrishnan<\/strong><\/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 Bombay High Court has revoked an injunction in the ISKCON trademark case due to new developments and pending Supreme Court proceedings. The post also reviews recent legal actions by Burberry and Chanel, as well as updates in brand licensing, domain disputes, and geographical indications in India.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":8,"footnotes":""},"categories":[6,11],"tags":[312,3298,8355,1740,184,5,4928,6335],"class_list":["post-70567","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-bombay-high-court","tag-brand-licensing","tag-burberry","tag-domain-name-dispute","tag-geographical-indication","tag-intellectual-property","tag-iskcon","tag-trademark-law-india"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/70567","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=70567"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/70567\/revisions"}],"predecessor-version":[{"id":141519,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/70567\/revisions\/141519"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=70567"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=70567"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=70567"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}INTERNATIONAL TRADEMARK UPDATES<\/strong><\/h2>\n
Burberry Secures Injunction in China Against Baneberry<\/strong><\/h3>\n
Chanel Initiates Trademark Suit to Protect Iconic \u201cC\u201d Monogram<\/strong><\/h3>\n
BRAND LICENSING UPDATES<\/strong><\/h2>\n
Benetton Unveils New Garfield Collection <\/strong><\/h3>\n
New Sustainable Collection from Levis<\/strong><\/h3>\n
DOMAIN NAME DISPUTE UPDATES<\/strong><\/h2>\n
Energy Drinks Manufacturer Vital Found Indulging in Reverse Domain Name Hijacking<\/strong><\/h3>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Madurai Marikolunthu Sought for GI<\/strong><\/h3>\n
\nAbout BIP\u2019s Trademark Attorneys<\/strong><\/h3>\n