Flipkart Declared a Well-Known Trademark, Blockchain CODA takes on CODRA, “What It Do Baby” Trademark, What What?, Fashion Brand Beaumont Cannot Have Beaumont.com, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
INDIAN TRADEMARK UPDATES
Flipkart Declared a Well-Known Trademark
Flipkart, the famed e-commerce company, filed for a permanent trademark injunction to restrain Somasundaram Ramkumar from using the trademark FLIPPINGKART and the domain www.flippingkart.com. Flipkart argued that they are the registered owners of the trademark FLIPKART which was adopted in 2007 and Somasundaram has unauthorizedly registered the domain www.flippingkart.com in 2017 to encash upon the reputation and goodwill of Flipkart. In an ex-parte judgment, the Madras High Court opined that the mark FLIPPINGKART was adopted with a malafide intent and the same would amount to trademark infringement and passing-off of Flipkart’s goods and/or services. The Court further declared Flipkart a well-known trademark.
INTERNATIONAL TRADEMARK UPDATES
Blockchain CODA takes on CODRA
US-based blockchain startup R3, has filed a trademark infringement suit against O(1) Labs Operating Corporation, a cryptography and cryptocurrency software company. R3 has filed the suit stating that O(1) Labs has launched a new blockchain protocol under the name CODA, which is confusingly similar to its registered CODRA trademark. R3 has stated that the use of its mark by O(1) will cause consumer confusion and deceive the public about the source, sponsorship, and/or affiliation. R3 is claiming damages along with a permanent injunction on the use of the mark CODA.
“What It Do Baby” Trademark, What What?
No no, there is no typo in our title, this is the new trademark applied for by the American basketball player Kawhi Leonard for his viral sayings. The Los Angeles Clippers player has applied for a new trademark with the USPTO for the phrase ‘What It Do Baby’ and ‘City Views Over Interviews’. Both the marks have been applied for under class 25 for apparel.
BRAND LICENSING UPDATES
SiriusXM Joins Hands with Marvel
Marvel Entertainment and satellite radio broadcasting company SiriusXM have signed a multiyear deal under which Marvel will produce exclusive podcasts for SiriusXM and its subsidiary Pandora. The agreement will bring into action podcasts based on Marvel Universe characters such as Wolverine, Hawkeye, Black Widow, and Star-Lord, and will be broadcast on SiriusXM’s platform. The deal spans over several years with multiple podcasts, unscripted original series, original scripted series along with themed live events. The podcasts will make their debut in the beginning of 2020.
Kelvinator’s Making a Comeback Through Reliance
Kelvinator, the iconic refrigerator brand is making a comeback in the Indian market, thanks to Reliance. In an exclusive brand licensing deal, Reliance Retail has partnered with Electrolux, owner of the Kelvinator brand, to manufacture, market and distribute the refrigerator in India. During the 10-year deal, Reliance will also launch washing machines, air-conditioners, and microwave ovens apart from refrigerators.
IDT’s Fashion & Interior Design Courses to go Pan India
The Institute of Design & Technology (IDT) is eying a pan India expansion through franchising. IDT is one of the fastest growing organizations providing fashion and interior design trainings. The requirement to acquire an IDT franchise would be 2000 sq. ft. of space and an investment of 12-20 lakhs.
DOMAIN NAME DISPUTE UPDATES
Fashion Brand Beaumont Cannot Have Beaumont.com
Stone Fashion Group B.V., the owner of the well-known clothing brand Beaumont, has lost a cybersquatting dispute filed by it against the domain Beaumont.com. Stone Fashion Group had filed a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint against John James Broderick, the owner of Beaumont.com. However, the apparel company was unable to establish evidence of its claimed brand registration dating back to 1995. But Beaumont.com had been registered in 1995. It is interesting to note that Stone Fashion Group is the owner of the domain Beaumont.eu and the UDRP complaint was filed after it was quoted $2 million to acquire Beaumont.com by its owner.
GEOGRAPHICAL INDICATION UPDATES
Odisha Gets Ready for More GIs
After receiving the GI tags for Odisha Rasagola and Kandhamal Haladi, the Odisha state government is now gearing up to file GIs for Chhena Poda and filigree. Chhena Poda, Odisha’s signature dessert is made from fresh cottage cheese (Chhena), and filigree is a form of intricate metalwork. The applications will be filed by the Odisha Small Industries Corporation Limited (OSIC).
Authored and compiled by Shreya Chaddha & Uma T.S
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The Trademark News Bulletin is brought to you by the Trademark/Copyright, IP Transactional Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BIP’s trademark attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Trademark News.
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