Call Us Today




BananaIP Counsels > Trademarks (Page 39)

Trademarks: Doctrine of unclean hands- Now a defense in trademark infringement!

The image depicts a pack of cards by the mark 555. The court in a infringement case over the mark 555 held that the principle of unclean hands will apply to trademark cases. Click on the image to read the full post.

The Indian Courts, in the recent past have continuously surprised us by pulling one trick after the other when it comes to dealing with Intellectual Property cases. This time around it is the Bombay High Court while dealing with a trademark infringement matter in the recent case of M/S.J.K. Sons vs M/S.Parksons Games & Sports (decided on March 18, 2011).The facts involve M/S Parksons Games & Sports (respondents) being the owners of the trademark '555' for playing card. The respondents have used the mark 555 in conjunction with other marks such as MEREDIAN, MERELANE Delux and MERELANE Premium. The appellants...

Continue reading

Trademarks: ‘TIGER BLOOD’ – Do you want to join me for a drink?

The image reads 'I got tiger blood'. Following the Charlie Sheen controversy over Tiger blood, there has been an attempt to trademark the same for a vodka company. Click on the image to read the full post.

While actor Charlie Sheen is in trouble and is dropped from the famous television show ‘Two and a half men’ for his infamous references to ‘Tiger Blood’, singer Jimmy Buffett is seeking to encash on the recent media hype around the issue by filing applications before USPTO for the trademark ‘Tiger Blood’ for vodka (85265306) and energy drinks (85265307) produced by his company Margaritaville Enterprises. A trademark search for Tiger Blood in the USPTO website will yield a list of 13 applications filed for the mark by various companies out of which 11 have been filed after Charlie Sheen’s comments picked...

Continue reading

Trademarks: Regional fame equals well knownness- Did the Supreme Court get it right?

This image depicts a page from the Telugu newspaper Eenadu, which recently filed for trademark infringement against an incense stick manufacturer by the same name. Click on the image to read the full post.

To know more about the Intellectual Property services offered by BananaIP (Earlier known as Brain League) visit www.bananaip.com Image from here The dilution cause of action has developed in India via case laws. Some argue that the spirit of dilution has been captured into section 11(2) while some others argue that the Courts in India have led the way in development of the dilution cause of action. Living up to its known activism, the Indian Supreme Court recently pronounced a landmark ruling in the case of T.V. Venogopal vs Ushodaya Enterprises Ltd. & Anr. (decided on 3rd March, 2011) based on the dilution...

Continue reading

Intellectual Property: IP Enforcement- The Customs Regulations dovetail

To know more about the Intellectual Property services offered by BananaIP (Earlier known as Brain League) visit www.bananaip.com Image from here In a recent decision pronounced by the Delhi High Court in the case ofLarsen & Toubro Limited (L&T) vs Leuci Communications & Ors (decided on 1st February, 2011), the court raised the question that has haunted IP owners for a long time-"...

Continue reading

Trademarks: Trade Mark Filing Requirements in India

This image depicts the Trademark symbol, which consists of the letters T and M enclosed in a circle. This post has interesting updates in the trademark field. Click on the image to read the full post.

A trade mark is a representation for a trade or business of a person. Though registration of a trade mark is not mandatory, registering a mark provides many benefits for enforcing trade mark rights. In order to register a trade mark in India, an application must be filed at any of the five trade mark offices in India.. Where to file a Trade Mark application? The trade mark offices in India are located at Mumbai, Ahmadabad, Kolkata, New Delhi and Chennai Different states in the Union of India have been divided amongst these offices. Below is the list of states that fall within...

Continue reading

Trademarks: Making a Mark – Faming Strategy for India

This image depicts the trademark symbol, which consists of the letters T and M in a circle. This post gives important updates in the filed of trademarks. Click on the image to read the full post.

A trade mark provides business and competitive advantage through consumer recognition and association of good will. Business advantage can be maximized if fame can be associated with the trade mark. A famous trade mark allows a company to prevent unauthorized use of the trade mark for both related and unrelated businesses. In India, use of a famous trade mark for unrelated goods or services is considered as infringement. A famous trade mark is said to be infringed if a persona. uses identical or similar trade mark;b. for unrelated goods or services; andc. takes unfair advantage or causes detriment to the famous...

Continue reading

Trademarks: Can Apple Monopolize the ‘App Store’ trademark?

This image depicts an iPhone on a shot of the app store app. Apple has sought to trademark 'App store'. This post discusses whether the trademark is permissible. Click on the image to read the full post.

Microsoft has rejuvenated the discussion over descriptive and generic marks by opposing Apple's attempted registration of the trademark 'App Store'. Apple Ipod users will very well identify that Apple has been one of the forerunners when it comes to the usage of the term App store. Now apple has launched app store for its Mac (personal computer and Ipad as well). Having recognized the brand potential of the mark App Store, Apple applied for a trademark registration over this term and Microsoft opposed the same on the pretext that this term is descriptive in nature.Now the question before the US...

Continue reading

Trademarks: Microsoft objects to Apple’s “App Store” trademark application

Microsoft has filed an objection to the Apple’s “App Store” trademark application. On July 17th 2008, (which was after the launch of the iPhone App Store), Apple had filed a trademark application for “App Store.”   The application was filed in the United States Trademark office under the International classes 35 (Advertising; business management; business administration; office functions), 38 (Telecommunications) and 42 (Scientific and technological services and research and design relating thereto: industrial analysis and research services; design and development of computer hardware and software; legal services). Now, on 11th January 2011, software giant Microsoft has filed a motion for summary judgment...

Continue reading

Trademarks: Total Trade Mark Recall – Important Trade Mark Developments in India- 2010

2010 will be remembered for the considerable amount of development that took place in the trademark domain.  The year started with a major transformation when both the Lower and Upper houses of Parliament passed, the trademark amendment bill 2009. Some of the major objects this bill sought to achieve were: 1) To build an Indian trademark system parallel to Madrid protocol; 2)  To make a single window system for filing and enforcement of foreign trademarks; and 3) To remove the discretion of the Registrar to extend the time for filing notice of opposition of published applications and provide for a uniform time limit...

Continue reading