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BananaIP Counsels > Trademarks (Page 22)

Trademarks: Use Trump's name, and 'You're fired!'

The American presidential race has always been interesting, and the present one is no exception. Undoubtedly the most interesting candidate of all is Donald Trump. The highly opinionated, often loud-mouthed star of The Apprentice, who finds it hard to stay away from the spotlight is in the news again. This time Trump is ‘firing’ a politically oriented clothing website which has been using Trump’s trademarked name in its domain name. The domain name in question,, sells t-shirts and other merchandise with slogans like “Donald Is Dumb,” “Stop Trump” and “America Is Already Great”(Trumps campaign slogan is ‘Let's make America great...

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Trademarks: And the lawsuit goes to….

Recently the Internet domain registrar, GoDaddy had its Oscar-worthy moment, winning against the Academy of Motion Picture Arts and Sciences (‘Academy’ for brevity). The Academy had accused the Scottsdale, Arizona based company of cyber squatting. Originally filed in 2010, the lawsuit was filed by the Academy, stating that GoDaddy was allowing its customers "to “park” their pages and  share in the revenue" collected from the advertisements on the said pages. Further the Academy stated that the internet domain registrar had allowed its customers to purchase a total of 293 domain names like,, etc, making unauthorized profits off the...

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Trademarks : Audi taken for a ride

Delhi based TT Industries, established in 1955, has managed to restrain the famous German auto maker Audi from using the mark “TT” from selling sporting articles, accessories, bags, leather and faux leather goods, or toy cars in India. TT Industries proprietor Rikab Chand Jain, filed a plaint after being aware of, Audi AG using the mark TT, to promote and sell their goods. TT Industries claims to deal in fashion and export textiles, agro-products, ready-made garments, textile piece goods, hosiery items, yarns, edible foods, confectioneries, wind mill, sweets, hand tools, small machineries, cosmetic items, medical products, surgical aids, band aids, electronic...

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Announcements : Trademark Agent Exam 2015 Notification

After half a decade, the Trademark Office has issued a notification under Rule 153 of the Trademark Rules 2002 and under Section 145 of the Trademarks Act, 1999 to conduct the Trademark Agent Exam, this year. The last Trademark Agent Exam was conducted in the year 2010. The Trademark registry had stopped conducting the trademark agent examination after 2010. Consequently a writ petition was filed before Madras High Court challenging the Trademark Office to conduct the exam, once a year. In the reply to the writ petition, the Trademark registry informed that due to limited resources, and a very minimum number...

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Clash of the Titans: Tata Indigo vs. Indigo Airlines, the trademark saga continues

Recently the Times of India reported that IndiGo Airlines, one of the premier airline companies operating from India, with more than 100 flights daily, had landed in a trademark dispute with Tata Motors, another automobile giant and proprietors of the car TATA INDIGO.  It is interesting to note that although Inter Globe (Prorpietors of IndiGo Airlines) and Tata Motors have been disputing for the past ten years, before the Indian Trademark Office, the news of the existence of such a dispute has suddenly popped up in the media right before the airlines plans to try its luck at  Dalal Street. Intrigued by this...

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Will ALPHABET get Google into Trademark Trouble?

This image depicts the Google logo with a magnifying glass over it. The post is about the recent debate that has been sparked as Google made the announcement that it would be using the house mark “ ALPHABET” for its holding company . Click on the image to read the full post.

Google's announcement that it would be using the house mark “ALPHABET” for its holding company sparked off a series of debates about trademark implications of using the said word. While numerous companies operate under the name "ALPHABET" as a part of their name, the leader of these companies seems to be BMW. BMW's representative has stated that Alphabet, a fleet services company operated by BMW is an important part of its business, and that BMW is considering the issue at this point of time, but does not plan to take any action immediately. With the help of Ms. Sambhabi from BananaIP,...

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Intellectual Property : History repeats itself

Featured image is of a Zara Store in Sydney, as the post is about the Zara trademark and how it got its name. To read more click here.

When Shakespeare wrote the famous line “what’s in a name” he definitely did not anticipate the redundancy of the statement in the context of intellectual property. It’s all about the name! There are numerous legal suits that have ensued over the copying of a name. And why shouldn’t they, there is tremendous amount of goodwill and reputation attached to a name. Recently, Zara the Spanish clothing brand, sued a Chennai based restaurant for using its name. The restaurant was called “Zara Tapas Bar” and according to the plaintiffs the name ‘Zara’ was being used to ride on the well-known status of...

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Trademarks : Lionsgate sues over usage of 'Dirty Dancing' dialogue

Featured image is the film poster of Dirty Dancing, with Patrick Swayze and Jennifer Grey, as the post is about a trade mark dispute over a famous line from the film. To read the post click here.

All of us at some point have watched and loved the film “Dirty Dancing”. The film is legendary for different reasons- the impeccable dance routines, the star-crossed lovers theme, Patrick Swayze and the dialogues, which are quoted, spoofed and now being used for ad campaigns. TD Ameritrade (‘Ameritrade’ for brevity) through its ad company Havas ran an advertisement of a man lifting a piggy bank over the tagline "Nobody puts your old 401(k) in the corner”, clearly spoofing the most memorable dialogue from the Dirty Dancing. The ad campaign ran from October 2014 to April 2015, and once the campaign ended...

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Trademarks : Disney finally dances to Deadmau5's tune

Featured image is of EDM D.J. Joel Zimmerman a.k.a. DeadMau5 performing as the post is about his famous Mau5 ears and the trademark dispute with Disney. To read the post click here.

Deadmau5   the Canadian progressive-house music producer who made his first tour of India last year had found himself in a trademark battle with the most loved mouse of all time, Mickey Mouse the well known cartoon character and the proud mascot of Disney.  The root of Deadmau5 - real name Joel Zimmerman's troubles was literally sitting on his head, his iconic Mau5head which he regularly wears during all his performances around the world. The Walt Disney Company Disney is fiercely  protective of its intellectual property, particularly when it comes to Mickey Mouse. Deadmau5's application for a trademark registration under US law to use...

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Nalli slaps cease and desist notice on Snapdeal for misusing trademark and images

Featured image is of a Kanchipuram silk saree, as the post is related to use of images and trademark of Nalli's silk sarees by Snapdeal. To read the post click here

The Chennai-based saree retail Brand Nalli has issued a cease and desist notice to the leading e-commerce website Snapdeal for illegal use of its brand name, trademark and images on its website. Nalli, a brand that has become synonymous with the traditional silk or Kanchipuram sarees has become a trusted household name when it comes to sarees. It was alleged by Nalli that Snapdeal sought to unjustly cash in on the goodwill of the brand by making people believe that original Nalli silk sarees were available on its website for sale. Some of the products were even being sold at a...

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