Dream11 Scores Big, JJ Chicken to Tap Indian Market, Flipkart Collaborates with Nokia and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Nike Fights for its Swoosh
Nike Innovate, the registered trademark owners of the marks NIKE, SWOOSH device and NIKE AIR filed a suit seeking permanent injunction against Shoesnation, a retail trader of footwear based out of New Delhi and Himanshu Gupta & Shubham Garg trading as M/s. SRG Plastic Company (hereinafter referred to as ‘Defendants’) from using SWOOSH device along with the mark FITZE. Nike alleged that Defendants’ mark has artistic features, getup, layout, lettering style and placement similar to that of Nike’s and is available at online market places like Snapdeal, Flipkart, Amazon, etc. Further, Defendants are using false descriptions on its impugned goods to wrongly link the impugned goods with Nikes’ and mislead common people and customers. Defendants argued that their mark FITZE is completely and phonetically different from that of the mark NIKE and denied o have indulged in counterfeiting of products. However, on examination of both the parties, The District Court of New Delhi found that the Swoosh device or the Tick Mark used in the Defendants’ products are deceptively similar to that of Nike to confuse an average person with average intelligence. Additionally, the Court awarded damages of Rupees 40,000 to Nike after the Defendants’ made the admission of the sales made under the mark.
INTERNATIONAL TRADEMARK UPDATES
UK Distillery Loses Trademark Battle
Halewood International, a UK based alcohol manufacturing company has been ordered to pay £1,800 Euros in legal costs to Dame Vera Lynn, a 102-year-old English singer after it was held that the company could not trademark the singer’s name for endorsing a new product. Halewood had applied for the trademark ‘Vera Lynn’ in June 2018 claiming that the term has been accepted as cockney rhyming slang for gin. The singer had later opposed the application, stating that the customers are likely to be confused that the alcohol is being endorsed by the celebrity. The hearing officer while rejecting the trademark application held that ‘the applicant has failed to provide any evidence of the level of understanding of cockney rhyming slang in the UK, or anything to illustrate the level of awareness of the term Vera Lynn with reference to gin’. The Centenarian singer has been popular since World War II, and is well known for her charity work. Halewood has the option to file an appeal.
New Logo on the Horizon for KIA Motors
KIA Motors, South Korea’s second-largest automobile manufacturer, has filed a new company logo with the Korean Intellectual Property Rights Information Service. The logo filed under several classes is a 2D design and appears in two colours, black and red. The new logo might be used by the automobile manufacturer on electric and hybrid vehicles.
BRAND LICENSING UPDATES
Dream11 Scores Big
India’s biggest fantasy game platform Dream11 has become the official partner of LaLiga in India, men’s football division of the Spanish football league system. In a five-season partnership deal, which will end in 2023-24, the football fans will get the opportunity to explore the Spanish league by creating their virtual teams. The collaboration will allow LaLiga to reach the sports to a wider audience.
Flipkart Collaborates with Nokia
India’s biggest e-commerce Flipkart has collaborated with Finnish telecommunications company Nokia to launch a new smart television. In a special brand licensing agreement between the two giants, Flipkart has licensed the Nokia brand name for TVs in India and will be producing Nokia Smart TV, which will encompass JBL audio technology paired with 24 Watt speakers. The TV’s are available from December 10 through Flipkart’s website and are priced at Rs 41,999.
JJ Chicken to Tap Indian Market
JJ Chicken having its presence across 12 locations in the UAE, the brand is now looking to expand globally including India. JJ Chicken is famous for its charcoal-grilled chicken that fulfills the demands of the new health-conscious consumers. The brand is offering 4 franchise models including a Quick Service Restaurant model (QSR), a food kiosk model, a fine dining model, and a food truck model. With its franchise options, the brand aims to have 100 outlets in the next 5 years in India.
DOMAIN NAME DISPUTE UPDATES
Religare Health Insurance Loses Domain Dispute
Leading health insurance vendor Religare Health Insurance Company Limited recently lost a complaint filed with the UDRP for the domain www.CareHealthInsurance.com. Religare had filed a complaint against Frank Schilling’s Name Administration, stating that the domain name was used in a bad faith. However, the three-person WIPO panel dismissed the complaint and stated that the health insurance company had failed to prove how the domain name is distinctive as it consists of commonly used terms such as ‘Care’, ‘Health’ and ‘Insurance’. Further, Religare failed to submit any evidence which showed that the mark had been used by Name Administration in a bad faith.
GEOGRAPHICAL INDICATION UPDATES
Hathras Hing Filed for GI
Asafoetida commonly referred to as Hing is the dried latex exuded from the taproots of perennial herbs most commonly used in cooking. Hathras, a district in Uttar Pradesh have been engaged in producing the finest quality Hing powder in the brand name of ‘Hathrasi Hing’ having a strong foothold in domestic as well as international market. The entire range of Hing Powder, Pure Raw Hing, Bandhani, Ayurvedic Hing (Asafoetida) and Asafoetida Powder is processed by making use of quality ingredients. These products are said to act as an appetizer and also have some medicinal properties for curing diseases for which it is also used in Ayurveda medicines. The Application was filed by Hathras Hing Trade Association in October, 2019.
Authored and compiled by Shreya Chaddha & Uma T.S
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