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Trademarks

BananaIP Counsels > Trademarks (Page 19)

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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Trademarks: ‘Choo’ only what you can

The featured image shows a thief stealing some data. The post is about cybersquatting in general and talks about the case of domain name dispute of Jimmy choo. To read more click here.

Cybersquatting is no stranger to us, considering the increasing number of cybersquatting incidents that have come to light in the recent years.  Cybersquatting is registering, using or selling of a domain name with the intention of benefiting from the name, popularity or goodwill of another’s business, trademark or brand. The Anti-Cybersquatting Consumer Protection Act (ACPA) has been established in the United States to protect the trademark owners from the unlawful actions of cybersquatters. The Act prohibits such practice as registering domain names that either create brand confusion or bear close resemblance to trademarked names with the intention of selling those...

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Delhi HC stays abandonment orders issued by the TM Registry

The image is of a stop sign with a man screaming stop and his hand gesturing stop as the post is about the staying of all TM registry's abandonment orders by the Delhi High Court. To read more click here.

As all of you may be aware, we have been covering all latest developments about the hasty mass abandonment of trademark applications by the Trade Mark Registry on a regular basis. As per the Registry, such action was taken due to the non-receipt of trademark responses to Examination Reports, within the statutory limit of 30 days. Earlier this week we reported about the public notice issued by the Controller General of Patents Trademarks and Designs stating the following- “It is notified to all concerned that in case any applicant or his authorised agent considers that his/her application has been erroneously treated as...

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Trademarks: Keep your hashtags safe!

The featured image is of a hashtag as the post is about hashtag trademarks. To read more click here.

What is a hashtag? Well you don’t want be caught asking that question in the ‘Twitter era’! While some Twitter users might think you have probably been living under a rock, we’ll clarify your doubts. A hashtag, popularized by Twitter of course is a word or phrase preceded by a hash sign (#) which is widely used on social media to identify messages or posts or “tweets” relating to a particular topic.  It is a great way for a number of people to be part of the same conversation. Hence it’s no surprise that companies too are joining the hashtag bandwagon. But...

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The Immaculate Trade Mark Office and the mystery of the abandoned TM applications

The featured image is of a surprised cat, as the post is about the subbed mass abandonment of TM application my trademark office. To read more click here.

In a follow up to the mass abandonment of trade mark applications the Sinapse Team was informed by a source that a group of lawyers in Mumbai had approached the Controller General of Patents Trademarks and Designs today, to convey their grievances regarding the mass abandonment of applications. However, the group was informed that the Controller was not available/accessible to discuss this (pressing) issue. Secondly, the lawyers were also instructed to nominate a representative from amongst them, who could speak to the Controller on their behalf. Taking into consideration this extensive abandonment of applications and the circumstances surrounding it, it appears...

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Trade Mark Office issues public notice regarding mass abandonment of applications

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.

Following the en masse abandonment of trade mark applications the office of the CGPTD has issued a public notice, today 4th April, 2016, ‘relating to “treating applications as abandoned” in want of reply to Examination Report containing office objection within prescribed period.’ In the notice it is stated that as per the requirements of the Trademarks Act, 1999 all such application where the examination responses, to the examination reports of such applications, were not received within the 30 days time period have been treated as abandoned. Further it goes on to justify the actions of the Office by stating that “the...

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