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Trademarks

BananaIP Counsels > Trademarks (Page 18)

Trademark: Sony's use of Emoji: A possible legal dispute

The featured image depicts the word sony written in big bold letters with it's tagline (make, believe) below it. The post is about the release of a movie titled "emoji"by Sony and a possible trademark dispute over it. To know more. please click here.

Sony might have to settle a possible trademark as well as copyright dispute with Marco Husges, before it can release an animated film titled “The Emoji ”. Marco Husges, is a game developer and emoji creator who has previously worked on the MMO Shadowbane, Starbreeze Studio’s Enclave and had filed for commercial trademark of the word "emoji" back in 2013. He claims to have trademark merchandising rights over 3000 emojis. The rights over the emoji shouldn’t be confused with the emoticons which we use on phone while sending whatsapp messages and texts. Husges doesn't own the rights to these emoticons...

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Trademark- “Coca Cola” : Tastes the feeling of “Zero”

The featured image shows the top view of the cap of a coca cola bottle. The post is about the registration of "zero" as a trademark by Coca Cola. To know more, please click here.

After thirteen years of long battle, Coca-Cola Company has finally  been granted registration for the trademark “zero’’ for its zero-calorie drinks, namely Coca-Cola Zero, Sprite Zero and Powerade Zero by the US trademark authorities. The company had been trying to register the trademark “zero” in US since 2003. However, Dr Pepper who sells a diet soda, called Diet Rite Pure Zero, challenged this effort by Coca-Cola in the year 2007 for registration of the word “zero”.  Dr.Pepper argued that “zero” is a generic term which is used frequently by beverage firms for drinks which contain no calories. He also further argued...

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National IPR Policy – Trade mark Related Objectives

The featured image depicts a peice of paper with the word trademark highlighted and in bold along with other words which are there in the background. this posts relates to trademark objectives enshrined in the IPR policy 2016. to know more click here.

India approved its first ever Intellectual Property Rights (IPR) policy on 13th May 2016 with a vision to stimulate creativity and innovation and to promote advancement in science and technology, art and culture, traditional knowledge and biodiversity resources. The policy lays out seven broad objectives and they are as follows: Awareness: outreach and promotion; Generation of IPRs; Legal and legislative framework; Administration and management; Commercialization of IPR; Enforcement and adjudication; and Human capital development. This article considers various provisions relating to Trade marks under the new IPR Policy. India is among the top five trade mark filers in the world, with the whopping...

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EU Trademark law threatens Indian Generic Export Market

The featured image shows the picture of the generic drug Temazepam. This post is about the new EU trademark law that is causing concern for India. To read more click here.

The European Parliament and The Council of The European Union recently passed the Regulation (EU) 2015/2424. The legislation concerns an amendment to the European Union trademark law. The new legislation has India worried as it enlists stringent enforcement provisions that allow customs officials to seize foreign consignments en route to third countries if they contain items with brand names or logos similar to those registered as trademarks in the 28-member nations of the EU block. The specific provisions that are the cause of India’s concern are as mentioned below: (15) In order to strengthen trade mark protection and combat counterfeiting more effectively, and...

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Trademark: China Court Likes Facebook and Dislikes Apple.

The featured image shows the like button used by facebook. This post is about two recent trademark judgments passed by the courts of china. To read more click here.

You win some, you lose some!! China passed two judgments last week, with respect to trademark involving two of the most famous brands- “iPhone” and “Facebook”. The judgments are very surprising because as we all know that Facebook though blocked in China, was allowed the trademark protection. However, iPhone despite being popular and sold in China lost the trademark battle. The iPhone imbroglio: Xintong Tiandi, a Chinese manufacturer of luxury leather goods has been selling handbags, mobile phone cases and other leather goods branded with the name "IPHONE", which is similar to Apple's iPhone trademark. Xintong Tiandi had applied for trademark registration...

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Louis Vuitton – Food versus Fashion…

The featured image shows a popular meme. The caption reads "why you confuse me?" To read more click here.

Louis Vuitton is one of the world’s largest fashion brands whose trademark LV is famous across the globe. In a recent event, the fashion brand filed a case against “Louis Vuitton Dak” – a South Korean Fried Chicken Restaurant for trademark infringement on the grounds of confusing similarity in the trademarks. According to the Korean Times - the logo of the chicken restaurant bears a close resemblance to that of original luxury brand - Louis Vuitton’s logo. In September 2015 this case was taken to court alleging the violation of “Unfair competition Prevention and Trade Secret Protection Act”. The subject matter...

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Likelihood of Confusion: Numerals as Trade Marks

The image is of numbers in a downward spiral . The post is about numerals as trademarks. to read more please visit.

In this post we will be analyzing whether a numeral Trade mark can be deceptively similar to another mark consisting of different numerals. This issue has recently been dealt with by the Delhi High Court in the case Mona Aggarwal & Anr vs. Glossy & Paints Pvt. Ltd. & Anr. The brief facts of this case are that, the Plaintiff i.e. Glossy Colour Paint Pvt. Ltd is said to have adopted and used over the mark "1001" since 1946. The mark is claimed to be distinct mark where the mark '1001' is represented with the zeroes having eyes and being used...

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Trademarks : Beyoncé shows Feyoncé how to ‘Put a ring on it’

The featured image is the image of Beyonce Knowles. This post is about a trademark infringement suit filed by Beyonce against Feyonce Inc. To read more click here.

The recent entertainment IP legal battle pertains to Beyoncé suing Feyoncé Inc, for sale of T-shirts, hoodies, tank tops and other clothing items, and engagement mugs bearing words "Feyoncé” confusingly similar to her registered mark “Beyoncé” and bearing the famous lines “He put a ring on it” from her most popular song “Single Ladies”. Beyoncé brought a suit for injunction against the Defendants Feyoncé Inc - a Texas based company involved in selling online merchandise, for willful trademark infringement, unfair competition, trademark dilution, etc., Beyonce has claimed the willful infringement and use of Beyoncé goodwill and notoriety by the company. Beyoncé...

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Registrar of Trademarks issues new public notice following Delhi HC’s stay order

The featured image is of the lion capital of ashoka pillar which is the national emblem of India. The post is about the new public notice issued by the TM registry with respect to the wrongful issuing of abandonment orders for multiple Trade marks. To read more click here.

Last week we reported about the recent Delhi High Court order dated 05/04/2016 regarding the recent abandonment of multiple trademark application by the Trade Mark Registry. Ruling on Writ Petitions WP (C) 3043/2016 & 3067/2016, the Delhi High Court stayed the abandonment of all trademark application on or after 20/03/2016. A quick recap for all readers who have not been following the story- The Trade Mark Registry had recently abandoned numerous applications under Rule 38 (5) of the Trade Marks Rules 2002, according to which if the examination responses are not received within thirty days such applications shall be abandoned. As...

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Trademark: Will the Kingfisher brand take off?

The image is of a placard on a Kingfisher airlines ticket counter which says 'counter closed' as the post is about the kingfisher trademarks. To read more click here.

Kingfisher Airlines has been flying low in the news recently. It is a known fact that its founder Mr. Vijay Mallya has been labelled as a defaulter for being unable to repay loans taken from several Indian banks and being charged with money laundering. The entity, Kingfisher Airlines, owes close to INR 9000 crores, including interest to these banks. The company has not been able to payback its dues as it has become a defunct company. The banks, after an unsuccessful attempt to recover the loan by selling off Mr. Mallya's Mumbai property, have now decided to auction the Kingfisher Airlines Trade...

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