Flipkart and Counterfeit Products, Twitter in Legal Trouble, Cartoon Network Digital Puzzles, Eveready Batteries to Launch Confectionaries, Assam Lemon GI and other Weekly Trade Mark News
“Indian Trade Mark Statistics for January (Third Week) 2018, Flipkart and Counterfeit Products, Twitter in Legal Trouble, Cavanders Gold Leaf Trade Mark Infringement, Assam Lemon Applied for GI and more Weekly Trade Mark News” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
‘A brand is nothing but an expression of consumer’s loyalty and trust.’ – Phil Dusenberry
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office had an average week in comparison to the previous week. The total number of applications disposed through show cause hearing has increased by thirteen percent (13%). The total number of applications published in the trademark journal has increased by forty-eight percent (48%). However, there has been a decrease of thirty-nine (39%) in the total number of registrations granted.
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||7059||7945||An increase of 13%|
|Total Applications Disposed through Show Cause Hearings||6146||6066||A decrease of 1.3%|
|Total Applications Published in the Trade Mark Journal||6489||9621||An increase of 48%|
|Total Registrations Granted||7115||4318||A decrease of 39%|
|Total Hearing Notices Issued||8686||13960||An increase of 61%|
|Total Renewals Notices Issued||4858||1443||A decrease of 70%|
Trade Mark Statistics by Office
Total Number of New Applications Received from January 17th, to January 23rd, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to January 23rd, 2018
- Total Number of Trade Mark Applications Filed – 18206
- Total Number of Trade Mark Applications Examined – 24257
- Total Number of Trade Mark Applications Published – 31374
- Total Number of Trade Mark Applications Registered – 22399
INTERESTING TRADE MARK
The Dopest Lawyer in Town
An American lawyer, Daniel Mehler, has filed a trade mark application with the USPTO for the mark ‘The Dopest Lawyer in Town’. The mark has been filed under class 45 for providing legal and consultancy services.
INDIAN TRADE MARK UPDATES
Godfrey Phillips India Limited vs P.T.I Private Limited & Ors.
Subject- Trade Mark Infringement, Passing Off
Brief Facts – The Plaintiff, engaged in the business of manufacturing and selling Cigarettes under the trade mark CAVANDERS, is the registered proprietor of the word as well as the label form of the mark in the related classes in India. The Plaintiff along with its trade mark ‘CAVANDERS’ uses the expression ‘GOLD LEAF’ with the colour scheme of green and gold in their packaging. The Defendants who are engaged in a similar business under the trade mark FUN GOLD use the expression ‘SUPER LEAF’ for their cigarette packaging. The Plaintiff has filed a suit seeking a permanent injunction against the Defendants for using the expression ‘SUPER LEAF’ along with an identical color scheme of green and gold which is part of their registered label.
It is also claimed in the suit that the Defendants by selling cigarettes with the use of identical color schemes, have created an impression in the market that the goods are connected with the Plaintiff and are thereby passing off the goods by infringing the trade mark of the Plaintiff.
Judgment: The Delhi High Court held that usage of a part of the registered label of the Plaintiff being two colors of green and gold cannot bring forth infringement claim against the Defendants. The Court further observed that primarily, the Plaintiff does not have a real prospect in establishing a case of passing off because there is in no manner any identical or deceptive similarity between the said two word marks. Therefore, any issue of passing off does not arise because a reasonable consumers purchases cigarettes by their brand name, which is used as a trade mark, and thus the mere existence of a similar colour scheme of two simple shades of green and gold in the respective packaging, will not cause passing off by the Defendants, and as such dismissed the present suit.
Flipkart Restrained from Selling Counterfeit Products
The Delhi High Court has restrained Flipkart India, the e-commerce website, from selling counterfeit Cosco Products. Cosco India had filed a plea against Flipkart, to discontinue the unauthorized selling of products under the name ‘Cosco’ on Flipkart’s platform as it was infringing its registered trade mark. Flipkart has been ordered to remove all Cosco related products within 48 hours of the order. Flipkart has not yet replied to the order.
INTERNATIONAL TRADE MARK UPDATES
Twitter in Legal Trouble
TWiT Inc., officially known as ‘This Week in Tech’, a podcast networking site, has filed a suit against Twitter, the social networking site. Twit has claimed in the suit that Twitter is infringing its trade mark ‘Twit’. The two trade marks have co-existed on the condition that Twitter will not venture into video and audio content, the basic services provided by Twit. However, Twitter in May 2017 launched a new video based platform, thus breaching the contract between the two parties and giving rise to claims of infringement as Twitter is confusingly similar to Twit. Twitter is yet to respond to the suit.
Kourtney Files New Trade Mark Application
Kourtney Kardashian, the American reality television personality, has filed a new trade application for the mark ‘KOURT’. The mark has been filed by 2Die4Kourt Corporation, a company owned by Kourtney. The mark has been filed under class 3 for cosmetics, indicating a new offering by Kourtney Kardashian is in the works in line with her sister Kylie Jenner’s Kylie Cosmetics.
TRADE MARK LICENSING UPDATES
Cartoon Network Digital Puzzles
Cartoon Network, a global animation network based out of US, has signed a partnership with ZiMAD, an international mobile game developer, to create jigsaw puzzles for the Magic Jigsaw Puzzles app. The content will consist of puzzle packs from popular series such as Ben10, the Powerpuff Girls, Steven Universe and Adventure Time.
Eveready Enters the Confectionary Business with ‘Jollies’
Eveready Industries India Limited, the flagship battery brand, now enters the confectionary market under the brand name ‘Jollies’, which will be launched in the fruit chew segment priced at Rs. 1 each. The product is expected to launch by April-May of 2018. ‘Jollies’ is considered to have a high percentage of natural fruit pulp, making it a healthier option to pure sugar candy.
GEOGRAPHICAL INDICATION UPDATES
Assam Lemon Filed as a Geographical Indication (GI)
Assam Lemon grown in the North Eastern region of India and used widely for cooking, in beverages, and for industrial and medicinal uses, has been filed as a GI with the Application Number 609. The application has been filed by Crs-Na-Dihing Nemu Tenga Unnayan Samity, a registered NGO of Assam and facilitated by the Assam Agricultural University. Assam Lemon is comparatively larger than other varieties and has a very unique and distinctive aroma.
BANANAIP TIP OF THE WEEK
It is possible to file for a trademark for a color or a sound which represents your product or service. Coca-Cola Red, for example, is a trademark of the company. You would have to prove that a color or sound has acquired distinctiveness and consumers associate it with your company when they see the color or hear the sound to be able to claim it as a trademark.
Author: BIP Trade Mark Attorneys
Led by Sanjeeth Hegde, BIP’s Trade Mark Attorneys are among the leading experts in the field. They work with clients such as PEPS, Dharma Productions, Essilor, Samsung and the IITs with respect to trade mark filing, prosecution, registration, management, licensing, franchising, merchandizing and strategy.
The weekly trade mark news initiative is a part of their pro bono work, and is aimed at spreading trade mark awareness. You are free to share the news with appropriate attribution and backlink to the source.
If you have any questions, you may write to BIP’s Trade Mark Attorneys –[email protected]