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Trademarks

BananaIP Counsels > Trademarks (Page 31)

The Chocolate Wars – Wrangle between Nestle & Cadbury on KitKat Shape TM

In this reigning retail world, even minor details of products that may bring major changes in the market, matter. In this current scenario every company wants to protect its identity through trade mark registrations. The whole story started in the year 2010 when Nestle applied to register trademark for its four-fingered chocolate - KitKat. Cadbury clashed with nestle in filing the trade mark for the KitKat shape. UK Registry of trade mark turned down the application by Nestle after hearing opposition from Cadbury in 2013. It is tough to see why Cadbury would want to stop Nestle from trademarking the four...

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Phonetic Justice for Trademark

Alt. Text: This image depicts the Skype Trademark. This image was used because this post relates to a case involving Skype. Click on the image to read full post.

  This article was contributed by Swastika Chakravarti. How important are phonetics in trademarks, you ask? The General Court of the European Union has an answer for you. In deciding a matter between Pay TV giant, Sky and Microsoft (owners of Skype), the Court relied on the similarity of signs in terms of concept and phonetics to deny Microsoft a trademark for Skype in Europe. Holding that the pronunciation of ‘y’ in Skype is no shorter than in Sky, the Court seems to feel that ‘Skype’ is most obviously identifiable with the commonly used word 'Sky'. The logo of a cloud helps...

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Case Review: Hypnos Ltd. v. PEPS Industries Pvt. Ltd. & Ors

This image depicts the registered trademark logo. It is relevant here as the post is about the dispute regarding trademark registration between Hypnos and PEPS . Click on the image to read the full post.

Citation: ORA/126/2012/TM/CH, Order dated 16th April, 2015 Parties Involved: Applicant: 1. Hypnos Limited (UK) Respondents: 1. Hosur Coir Foam Pvt. Ltd. 2. Peps Industries Pvt. Ltd. 3. The Registrar of Trademarks, Trademarks Registry, Chennai Brief Facts: The Applicant, a UK based family run bed manufacturing company, filed a rectification petition to cancel the registration of the ‘HYPNOS’ trademark owned by Respondent No. 1 under Class 20. The HYPNOS mark owned by Respondent No.1 is associated with mattress, pillows, cushions, seats and other related products. The Applicant had also filed a trademark application for HYPNOS (Label) which is pending before the Trademark Registry. The rectification petition was filed by the Applicant...

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PEPS victorious in Trademark Battle against UK bed manufacturer

A two-year-long trademark litigation between Peps, the largest spring mattress company in India, and a UK bed manufacturer, has culminated with the Indian bed manufacturer emerging victorious! The Trademark Rectification suit was initiated in 2012 by HYPNOS, UK, for removal of the registered and highly popular ‘HYPNOS’ mark of Peps, from the Trademark Registry. The British Company claimed that the mark was famous in India owing to the spill-over of its trans-border reputation. In retaliation, Peps contested HYPNOS UK’s claim that it was not well-known, especially to Indian consumers. Peps also pointed out that its use of the mark, HYPNOS, is continuous...

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Role of Intellectual Property in Promoting Creativity

This image depicts the title creativity. This image is relevant because this post talks about the real role played by IP protection in creativity. Click on the image to view full post.

Does the Intellectual Property Regime play a role in promoting creativity? As stated by most governments, the objective of patent, copyright, design and other laws is to promote the progress of inventive activity and creativity. Are these laws actually achieving their stated objective? While most of us would like to believe that they are, no empirical study has been able to conclusively prove so far that IP laws actually promote creativity. The logical question that follows would be whether we actually need an IP Regime? The answer is not easy because no study has been able to conclusively prove the...

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Existing Trademark blocks Apple Watch sale in Switzerland

In latest news, Apple has been banned from launching its new Watch in Switzerland as in other European countries, scheduled to be on April 24, 2015, because of an Intellectual Property Rights issue. They cannot use the image of an apple or the word 'apple' to launch their product in Switzerland because of a trademark from 1985. The trademark currently belongs to William Longe, who owns watch brand, Leonard, that first filed the trademark application. He applied to the Swiss Federal Institute of Intellectual Property to register the trademark on December 5, 1985 which was approved and registered on February 28, 1986...

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Case Brief: Shamnad Basheer v. Union of India & Others

The image depicts the Madras HC.

Article contributed by Heema Shirvaikar, Intern at BananaIP Counsels, 3rd-year Law Student at Symbiosis, Pune. Facts and brief history of case: In 2011, a Writ Petition was filed before the Madras High Court by Mr. Shamnad Basheer, seeking a Writ of Declaration, to declare the establishment of the Intellectual Property Appellate Board (IPAB) under the Trade Marks Act, 1999, and the Patents Act, 1970 as violative of the basic structure of the Constitution of India. Shamnad Basheer, founder of SpicyIP, an Intellectual Property law blog, was a Professor of Law, who holds the Intellectual Property Rights Chair at the Ministry of Human Resources and...

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E-commerce Retailers face flak over alleged Counterfeits by Vendors

E-retailers have come a long way since the advent of e-commerce in India in the early 2000s. Other than a few cautious buyers, most have become comfortable purchasing an entire range of products online. However, nowadays a lot of e-commerce customers are left fuming because of counterfeit vendors gaining a foothold even in reputed e-commerce sites. In October 2014, the Delhi High Court prohibited Gurgaon-based online marketplace, ShopClues from using, manufacturing, marketing, selling, displaying or advertising the name of L’oreal while selling products. The cosmetic company had filed the civil suit alleging that a vendor named Brandworld was selling fake products...

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Weekly IP Warm-UP!

GOOGLE V. SPAIN – SPANISH PUBLISHERS SUFFER AS GOOGLE NEWS CLOSES OPERATIONS

A new Copyright law which has made it mandatory for Google, Yahoo and other news aggregators to pay licensing fee to all news publishers for using their stories or snippets in Google News, results in Google cutting its operations in Spain. However, the regulation allowed publishers to opt in to Google’s index, and prevent Google from paying licensing fee.

COPYRIGHT REGULATION TO ALLOW PRIVATE COPYING; TO FACE IRE OF UK MUSIC INDUSTRY

In UK, music can be legally copied to a private system but a strong resistance was noticed from the UK music industry. The law came into force on October 1, 2015.

Understanding the Doctrine of Foreign Equivalents – Part 1

The image reads Trademark. The post is about the Trademark Agent Exam which will be conducted soo. Click on the image to read the full post.

This post was first published on 10th October, 2014.   The Doctrine of Foreign Equivalents is a rule used in the Trademark Law which states that a foreign word and its equivalent English translation may be deemed confusingly similar. Under this doctrine, marks consisting of or including foreign words or terms from common, modern languages are translated into English to determine the extent to which it is generic, descriptive, the likelihood of confusion it may cause among other similar issues. The Trademark Manual of Examining Procedure of the USPTO provides the following tests for determining the applicability of the doctrine of foreign equivalents: Whether, to...

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