PhonePe fails to secure temporary injunction against BharatPe, Tamil Nadu\u2019s Matti Banana sought for GI Tagging and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel<\/p>\n
UPI and bank payment company, PhonePe, had recently filed an application before the Delhi High Court, seeking an interim injunction against its competitor BharatPe\u2019s usage of the term \u2018Pe\u2019 as a suffix in its trademark. PhonePe claimed that by using the term \u2018Pe\u2019 in its suffix, BharatPe had infringed their trademarks and were attempting to free-ride on PhonePe\u2019s goodwill. The Delhi High Court, however, dismissed PhonePe\u2019s plea, holding that the term \u2018Pe\u2019 was not a distinctive character of the mark, and the usage of the same by BharatPe was not sufficient enough to cause confusion in the minds of the consumers. The Court further observed that the marks were completely different as the words \u2018Phone\u2019 and \u2018Bharat\u2019 were not even phonetically similar. The Court in this instance upheld the well-established principle that \u2018exclusivity can only be claimed on the entire mark and not parts thereof.\u2019 Internationally renowned video game developer, Blizzard Entertainment, has recently filed a notice of opposition before the United States Patent and Trademark Office (\u201cUSPTO\u201d) against Fox Media\u2019s trademark application for the mark \u2018Diablo\u2019. Fox Media had filed the application in relation to a character named \u2018Diablo\u2019 on its new television show \u2018HouseBroken\u2019. Blizzard Entertainment, whose video game series \u2018Diablo\u2019 was launched in 1997, also owns the trademarks \u2018Diablo II\u2019, and \u2018Diablo III\u2019 for the subsequent editions of the game. In its opposition, Blizzard has claimed, that Fox\u2019s application for the mark \u2018Diablo\u2019 is contrary to federal trademark law, as it would cause confusion and would deceive consumers.<\/p>\n World-famous confectionary company, Wrigley, has recently instituted a suit before the United States District Court for the Central District of California, against several websites, alleging infringement of its trademark rights. Wrigley, which owns the \u2018Skittles\u2019, \u2018Starburst\u2019 and \u2018Life Savers\u2019 brands of candy has alleged trademark infringement by several websites, including www.2020ediblez.com<\/a>, www.ie420supply.com<\/a>, and www.oc420collection.com<\/a> \u00a0among others, who were selling THC and cannabis infused products such as \u2018Medicated Skittles\u2019, \u2018Starburst Gummies\u2019 and \u2018Life Savers Medicated Gummies\u2019. Wrigley has alleged that the sale of these products, which nearly-identically resemble those of Wrigley\u2019s, infringes upon its trademark rights, and might also pose a danger to consumers who may inadvertently consume the same, believing them to originate from the confectionary giant.<\/p>\n Virgin Media has recently announced its latest campaign, the Virgin Media Football Academy, in association with English football club Southampton FC, to launch a series of training videos and live sessions for students and teachers alike. The aim of the campaign is to help teachers and pupils to restart physical education after the prolonged school closures caused by the COVID-19 pandemic. The sessions will concentrate on football skills as well as nutrition and mental wellbeing, delivered by professional coaches and players from Southampton FC\u2019s Academy.<\/p>\n Evolution USA, the global licensing and brand management agency of the legendary American jazz singer, Ella Fitzgerald, has linked up with TCG Entertainment to carry the iconic singer\u2019s music to global audiences with a live symphony orchestra. The shows, which will be produced by TCG Entertainment, are set to launch in 2022, where the audience will be able to enjoy the never seen before music, along with the star\u2019s greatest hits, licensed from Evolution USA. The concerts will be performed all over the United States before moving to international audiences.<\/p>\n Real-estate giant, Majid Al Futtaim Properties Llc, the operator of a chain of shopping malls in the Middle East called \u2018City Centre\u2019, recently instituted a cybersquatting dispute before the World Intellectual Property Organisation (\u201cWIPO\u201d), against the domain name www.CityCentre.com<\/a>. \u00a0The Panel constituted by WIPO under the Uniform Domain Name Dispute Resolution Mechanism (\u201cUDRP\u201d), however, observed that the owner of the disputed domain, Domain-It, had acquired the rights over www.CityCentre.com<\/a> in 2001 itself. The Panel further held that the expression \u2018City Centre\u2019 was a descriptive term, and had no specific connection with Majid Al Futtaim Properties. Therefore, the complaint was disposed of, and the Panel found Majid Al Futtaim Properties guilty of attempting reverse domain name hijacking.<\/p>\n The Kanniyakumari Banana and Horticulture Farmers Producer Company Limited, has recently filed an application for GI Tagging of the Matti Banana, endemic to the Matti region of Tamil Nadu. The application has been facilitated by the MSME Intellectual Property Facilitation Centre, as well as NABARD\u2019s Madurai Agri Business Incubation Forum. The Matti Banana has been used for a prolonged period of time as baby food, and is also said to possess medicinal properties. The application claims that the tribes of the Western Ghats have even used the Matti banana to cure diseases such as jaundice.<\/p>\n Authored and compiled by Uma T.S, Shreya Chaddha & Varun Gopalakrishnan<\/strong><\/p>\n This bulletin examines significant trademark disputes, including PhonePe versus BharatPe and the Diablo trademark opposition, alongside updates in geographical indications and domain name disputes. The analysis offers objective, fact-based insights on recent legal developments.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":5,"footnotes":""},"categories":[6,11],"tags":[11304,3298,11305,1740,184,5,5156,407],"class_list":["post-73620","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-bharatpe","tag-brand-licensing","tag-diablo","tag-domain-name-dispute","tag-geographical-indication","tag-intellectual-property","tag-phonepe","tag-trademark-dispute"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/73620","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=73620"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/73620\/revisions"}],"predecessor-version":[{"id":141658,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/73620\/revisions\/141658"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=73620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=73620"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=73620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nCitation: PhonePe Private Limited v. EZY Services & Anr. [IA 8084\/2019 in CS(COMM) 292\/2019]<\/em>\u00a0<\/strong><\/p>\nINTERNATIONAL TRADEMARK UPDATES<\/h2>\n
Blizzard Entertainment Opposes Fox\u2019s \u2018Diablo\u2019 Trademark<\/strong><\/h3>\n
Wrigley Cracks Down on THC-Infused Skittles<\/strong><\/h3>\n
BRAND LICENSING UPDATES<\/h2>\n
Virgin Media Partners with Southampton FC Academy<\/strong><\/h3>\n
TCG Entertainment <\/strong>S<\/strong>ecures <\/strong>D<\/strong>eal for Ella Fitzgerald Concert Experience<\/strong><\/h3>\n
DOMAIN NAME DISPUTE UPDATES<\/h2>\n
Mall Operator Attempts Reverse Domain Name Hijacking<\/strong><\/h3>\n
GEOGRAPHICAL INDICATION UPDATES<\/h2>\n
Tamil Nadu <\/strong>S<\/strong>eeks GI Tag for Matti Banana<\/strong><\/h3>\n
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