+91-80-26860424 / 34

Call Us Today




BananaIP Counsels > Trademarks (Page 33)

Lionsgate Sues Ameritrade for using ‘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...

Continue reading

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...

Continue reading

Cease and desist notice to Snapdeal

  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...

Continue reading

Peps Industries Vs. Shakti Mattresses & Gears

Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

  The Delhi High Court has passed an ex-parte interim injunction against Shakti Mattresses & Gears Pvt. Ltd. on 29th May 2015, to restrain from dealing in the goods and services, under the mark ‘SPINE GUARD’, which is a registered trademark of the plaintiff, Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and sale of sleep comfort products such as mattresses, pillows, cushions, sofas, beds and other related products. The plaintiff is one of the largest spring mattresses company in the country and does not only have...

Continue reading

This town isn’t enough for the two of us : Zara Trademark Dispute

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.

This conflict is between a world-renowned luxury-clothing brand and a renowned restaurant and bar in a city. The Delhi High Court decided the trademark infringement tussle in favor the luxury brand ZARA, not because it is celebrated around the world but simply to protect the brand’s trademark rights. ZARA, an internationally reputed brand, the plaintiff sued Zara Tapas Bar for trademark infringement and sought injunction restraining the defendant from infringement, passing off and dilution of its trademark. The plaintiff contended that it started carrying its operation in India from 2010 through its associate company, Inditex Trent Retail India Private Limited, which...

Continue reading

Is There a Trademark in a Name?

Featured image is of VIT campus, as content of the post is related to VIT

“What's in a name? that which we call a rose, by any other name, would smell as sweet.” William Shakespeare famously quoted these lines in his creation of the romantic tragedy, Romeo and Juliet. Enter 21st century and these famous lines could be debated to the ends of time. In today’s world, where there are fakes of fakes and more fakes than actual products, Shakespeare might have thought differently. Trademark Infringement and Passing off is something that we are all too familiar with. All of us have come across enough and more cases dealing with this subject. All of us, at some point...

Continue reading

Trademark Case Review: PEPS Industries v. Coir Foam

Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

This article is a contribution by Savitran - Intern at BananaIP Counsels The Delhi High Court has ordered an interim injunction against Coirfoam India Pvt. Ltd. to desist it from using a mark identical or similar to ‘Spring Guard’, which is the trademark owned and registered by Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and selling sleep comfort products such as mattresses, pillows, cushions, sofas, beds and related products since its inception in 1996. The Plaintiff has shops not only across India, but also in other...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading
Speak with an IP Expert Today
close slider