Gorakhpur Terracotta Bagged GI Tag, Trademark Show Cause Hearings Adjourned and more
Gorakhpur Terracotta Bagged GI Tag, Lacoste Deters its Infringer, Skyscanner Grabs Back the Infringed Domain and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Lacoste Deters its Infringer
Lacoste, a well-known French apparel brand, filed an application at the Patiala House Court, New Delhi, seeking a permanent injunction against Suresh Kumar Sharma, a New Delhi based proprietor, for using the trademark ‘LACOSTE’, along with its logo and device of a crocodile for sale of shirts. Lacoste contended that the mark ‘LACOSTE’ was adopted in the year 1933 and Suresh Kumar’s usage of an identical mark and logo is to unjustly enrich himself by creating confusion and deception in the in the minds of consumers. Further, the Local Commissioner upon inspecting the infringed premises recovered 290 shirts and 850 tags bearing the mark ‘LACOSTE’ stored for sale. Suresh Kumar did not file a reply to the suit. Based on the submissions and materials available on record, the Court passed an ex-parte permanent injunction against Suresh Kumar and ordered him to pay charges of Rupees 50,000.
Citation: Lacoste S.A vs. Suresh Kumar Sharma CS (Comm) No.534/19
INTERNATIONAL TRADEMARK UPDATES
Huawei’s New Smart Watch Brand
If new trademark filings are to be believed, Huawei Technologies, the Chinese tech giant is all set to launch its new smartwatch under the brand “Mate Watch”. Huawei has filed new trademark application for the term ‘Huawei Mate Watch’ under class 09 for smartwatches with the Chinese Trademark Office of National Intellectual Property. Huawei’s smartwatch line is currently called Watch GT.
BRAND LICENSING UPDATES
Chupa Chups Collaborates with SMYK for Lifestyle Products
Chupa Chups, the Spanish confectionary brand, has partnered with SMYK, a popular lifestyle brand and retailer based out of Poland, US, to create a colorful capsule collection of lifestyle products for the brand Cool Club. The collection will include apparel and accessories for children and is inspired by the popular colorful pop vibe of Chupa Chups. The deal was brokered by licensing agency WildBrain CPLG.
Singer Lizzo Launches Sunglass Collection with Quay
American pop singer Melissa Jefferson, better known by her stage name Lizzo, has collaborated with eyewear company Quay to launch a new collection of sunglasses. The collection comprises of eight pieces with classic silhouettes like aviators, cat eyes, and shield, inspired by Lizzo’s onscreen avatar.
DOMAIN NAME DISPUTE UPDATES
Skyscanner Grabs Back the Infringed Domain
Skyscanner (‘Complainant’), an online travel services company based out of the U.K. filed a domain name dispute complaint with the WIPO Arbitration and Mediation Center against Super Privacy Service Ltd (‘Respondent’) based in the U.S for registering a confusingly similar domain www.scyscanner.net. The Complainant was founded in 2003, and is a leading global air-ticketing specialist operating various websites containing the SKYSCANNER mark including the website at www.skyscanner.net. The Complainant contends that the impugned domain name is a classic case of typo-squatting as the domain name consists of the Complainant’s trademark with the mere substitution of the letter “c” in place of the letter “k”. The Complainant further submits that the domain name does not resolve to an active website, but points to various third party websites on an apparently rotational cycle. The Respondent did not file any reply to Complainant’s contentions. The Panel finds that the domain was registered in bad faith and the domain clearly targets the Complainant’s trademark, and does not have any other meaning. Therefore, the Panel orders the domain www.scyscanner.net to be transferred to the Complainant.
GEOGRAPHICAL INDICATION UPDATES
Gorakhpur Terracotta Bags GI Tag
On 20th April, 2020, the Geographical Indication (GI) Registry granted GI registration to Gorakhpur Terracotta in the handicraft category. The terracotta work of Gorakhpur is a centuries-old traditional art form, where the potters make various animal figures with hands. The terracotta products are made from the special soil found in Bhathat area of Uttar Pradesh’s Gorakhpur district. Traditionally, what makes it different from other terracotta crafts is that it involves ornamentation, use of natural colours/dyes and experimentation with innovative shapes. The application was filed by the Laxmi Terracotta Murtikala Kendra and Human Welfare Association in September 2018.
GENERAL IP UPDATES
Show Cause Hearings Adjourned
In a new notice issued by the Controller General of Patents, Designs and Trade Marks (CGPDTM) on 22nd May, all the trademark showcause hearings scheduled till 31st May have been adjourned. New dates for the hearing shall be issued in due course.
Authored and compiled by Uma T.S & Shreya Chaddha
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