Indian Case Law
Facebook Restrains Bakery from Using its ‘Facebake’ Trademark
Delhi High Court recently granted a temporary injunction against a bakery, selling its goods under the name ‘Facebake’. The suit was instituted by social media giant, Facebook, who contended that the bakery was causing confusion in the minds of the public by offering goods for sale under a name that was confusingly similar to their well-known ‘Facebook’ trademark, as well as operating the website www.facebake.in. A single bench of the Delhi High Court noted that if interim relief was not granted, it would impact Facebook’s legal rights and business interests. The bakery was, therefore, restrained from using the ‘Facebake’ name, as well as the well-known ‘F’ trademark owned by Facebook.
Citation: Facebook Inc. v. Mr. Noufel Malol [CS (COMM) 499/2020]
International Trademark News
New York Times Sues Time Magazine over ‘TIME100 Talks’ Series
In a recent series of events, the New York Times has instituted a trademark infringement suit in the U.S. District Court for the Southern District of New York, against Time Magazine over its ‘TIME100 Talks’ series. The series features conversations between journalists and leading talents and thinkers. The New York Times has contended that the ‘TIME100 Talks’ mark is confusingly similar to its own ‘Times Talks’ series, which began in 1999. Time Magazine has refuted the claims, stating that the word ‘talks’ is commonly used across similar programs in the industry, and that the ‘Time100’ brand is already a registered trademark, and is well recognised among the public.
Lewis Hamilton Faces Defeat in ‘Hamilton’ Trademark Dispute
In a recent decision by the European Union Intellectual Property Office (EUIPO), Formula1 champion Lewis Hamilton was denied protection over the mark ‘Hamilton’, which was to be used in conjunction with a line of jewellery, watches, and smartwatches. Lewis Hamilton’s application for the trademark ‘Hamilton’ was opposed by Hamilton International, a watch manufacturer that was acquired by the famous Swatch Group, in 2003. The EUIPO, while denying protection for the F1 champion’s mark, observed that the surname ‘Hamilton’ was a common name in English speaking countries, and also that Hamilton International had been using the name since 1892, which would override the present claim.
Licensing News
Carpet Maker OBEETEE Collaborates with Designer Matthew Williamson
OBEETEE, India’s largest carpet-maker, has collaborated with British designer Matthew Williamson to launch a limited-edition tufted rug collection. Inspired by Matthew’s bold and colourful designs, there are two parts to the collection. The first look will focus on hand-knotted rugs and the second will use soft tactile hand-tufted construction. The collection will be available on OBEETEE’s website.
Rose Collection Launched in Honor of Mexican Painter Frida Kahlo
Spring in the Air, a Columbia based rose farm has collaborated with the Frida Kahlo Corporation to pay homage to the Mexican painter’s love for roses by launching Frida Kahlo Luxury Roses Collection. The collection will be a yearly series under which customers will be able to pre-order four seasonal designs of roses. The roses will be packed in a collectible, limited-edition Frida Kahlo design box, with a numbered certificate of authenticity.
Domain Name News
Cryptocurrency Company Found Attempting Reverse Domain Name Hijacking
World Intellectual Property Organisation (WIPO) panelist Nick Gardner recently ruled against blockchain and cryptocurrency company, Ternio in a domain name dispute, and found the company to be attempting reverse domain name hijacking against the website GetBlockCard.com. Ternio contended that Simply Wireless, Inc., the owner of the domain, acquired the GetBlockCard.com domain name one day after Ternio filed a trademark application for the same name before the US Patent and Trademark Office. The WIPO Panelist, however, found that Ternio did not provide sufficient evidence of its use of the ‘GetBlockCard’ mark, and that it had overstated its case, in an attempt to mislead the WIPO Panel. The complaint was, therefore, dismissed, and Ternio was found indulging in reverse domain name hijacking.
Geographical Indication News
Authoor Betel Leaf Applied for GI
The Authoor betel leaf, popularly known as vetrilai in Tamil, has been filed for Geographical Indication. The betel leaf is cultivated in Tamil Nadu’s Authoor and nearby areas of Thoothukudi district. The Authoor betel is known for its medicinal properties as well as its mild spicy after taste. The application has been applied by Authoor Vattara Vetrilai Viyabarigal Sangam and has been facilitated by the NABARD’s Madurai Agribusiness Incubation Forum.
Authored and compiled by Uma T.S, Shreya Chaddha, & Varun Gopalakrishnan
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