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Trademarks

BananaIP Counsels > Trademarks (Page 28)

Trademark Infringement in the Automobile Industry Part I: Tata Motors, Bajaj Auto Limited

This post brings to light some of the Indian cases dealing with trademark infringement in the automobile industry. The first case that  would be discussed here is that of Tata Motors. The story starts in mid 2014, when Tata Motors approached the Court of Chief Metropolitan Magistrate, Vidya Prakash, complaining of some unknown persons engaged in the business of manufacturing, trading, distributing, storing and selling counterfeit and spurious products under the trademark of ‘Tata Motors’. Tata Motors informed the Court that it manufactured and sold automobiles along with other related products and had a long standing reputation in the market. In this...

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Fast Moving Consumer Goods Industry

  Brands – the backbone of Fast Moving Consumer Goods (FMCG) valuation William Shakespeare once said “What's in a name?” For FMCG companies, it’s all about the product names that consumers identify from the TV advertisements or trips to the supermarket. It is critical to your business because: It’s a marketing tool; brand recall leads to greater sales and profitability It strengthens your licensing opportunities and therefore revenue from distributors/partners It increases your company’s valuation, leading to greater investments and dividends   Global Brand Valuation 2013 – Fast Moving Consumer Goods (FMCG) Leaders What would a consumer pay for an Rs.35/- Coke bottle if it...

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Intellectual Property (IP) in India: A Decade of Progress Part 16

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

This post exhibits the statistics of IP litigation in India in the past decade. The following table displays the statistics that were arrived at after conducting a search on Manupatra . It tabulates the estimated number of decisions passed by the Supreme Court and High Courts with respect to  patents, trademarks and copyrights in the past decade. IP Decisions Passed by SC and HCs from 2004 – 2014 Year Number of Decided Cases for Patent Number of Decided Cases for Trademark Number of Decided Cases for Copyright 2004 23 14 61 2005 26 98 85 2006 35 100 87 2007 40 130 110 2008 56 155 158 2009 65 173 142 2010 52 149 126 2011 67 184 148 2012 52 164 112 2013 50 174 122 2014 113 239 181 Total 579 1580 1332 In the past decade, the number of cases on patents in India has increased. The table above shows a steady...

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Use Donald 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 Donald 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, Stoptrump.us, 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...

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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 academyawards.net, oscarsredcarpet.com, billycrystal2012oscars.com etc, making unauthorized profits off the...

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

Airplane

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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Importance of IP for Start-ups and Entrepreneurs (Part II): Trademarks

Start-up

Choosing the right name/business representation word, logo, device or any other form of business representation is generally the first asset created by an entrepreneur, Often, entrepreneurs finalize on a name or logo and develop strong emotional attachment to it without proper research. While it is important to be passionate about the business and its representation, every entrepreneur must take the following steps before finalizing on a business representation: a. Ensure that the name, logo or any other representation shortlisted is capable of achieving strong trade mark protection. It is well settled under the trademark law that a fanciful (newly coined word)...

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