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Trademarks

BananaIP Counsels > Trademarks (Page 25)

India protests against The European Union Trademark Reforms

The featured image is customised and the words "The EU Trademark reforms" are written on a yellow background. The post is about the recent amendments bought by The EU and the protests regarding the same by India. To know more, please click here.

  The IP community is well aware about the major reforms that have been implemented recently by the EU( European Union). The European Trademark law has undergone significant changes since the introduction of the Community Trademark system in 1996. The  recently adopted European Trademark Reforms have brought in substantial changes not only to Community trademarks but also for owners of national trademarks in the EU. India has been protesting without any success, against one such new directive in the area of trademark protection that could possibly lead to seizure of legitimate pharmaceutical products (including essential medicines) ,without sufficient evidence of trademark violation,...

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Not a ‘Cule’ decision: FC Barcelona Loses Trademark Fight to Kule

The featured image shows the logo of the football club, Barcelona which is knitted on a wollen material. The psot is about a trademark dispute between FC Barcelona and An American Fashion Company kule. To know more, please click here.

We’ve got some sad news for our FC Barcelona fans. The General Court of the European Union recently ruled against the football club FC Barcelona and in favour of an American fashion company named Kule, affirming a previous decision, that the football club had failed to prove the genuine use of the mark ‘Cule’. For all our non-football fans, ‘Cule’ means a fan or supporter of the FC Barcelona. The issue first came up in 2011, when Kule had applied for an European Union trademark registration for ‘Kule’ at the European Union Intellectual Property Office (EUIPO). The goods were sought to be...

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Sun Pharma’s big win against Cadila healthcare

  Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of  "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had  adopted the trademark VENIZ in August 2000 for medicines to combat depressive disorders and other psychotic disorders and Venlafaxine Extended Release capsule under the...

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Sun Pharma’s Big Win against Cadila Healthcare

The featured image shows many strips of tablets and a thermometer on a grey background. The post is regarding the trademark dispute between Cadila health care and Sun Pharma . To know more please click here.

Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of  "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had  adopted the trademark VENIZ in August 2000 for medicines to combat depressive disorders and other psychotic disorders and Venlafaxine Extended Release capsule under the...

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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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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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Disney and Dalian Engage in Comic Wars

The featured image shows mickey and minnie mouse standing together with the

A conflict for the protection of intellectual property right arose recently in China when a Chinese based Infrastructure Company, Wanda Company diversified its business and entered in to a theme based park. It is interesting to note how the conflict arose in this case. The facts are as follows: on the inauguration of the theme park of Wanda Group on 28th May 2016,  few people who were alleged to be workers of the park, were seen clad in Captain America, Snow White and Star Wars Storm troopers costume, the copyright of which are currently held by Disney. Apart from the...

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‘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: Trademark 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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