Download Post as PDFPrint this PostThis week’s Patent and Design...Read More
Jio Announced as Official Women’s T20 Sponsor, Nestle and California Pizza Kitchen Engaged in Trademark Spat, and more
Jio announced as official women’s T20 sponsor, MPL scores new deal with BCCI, Salem Sago applied for GI and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Delhi High Court Vacates Interim Injunction Against the use of “Stanley” for Cables & Wires
The Delhi High Court, in a recent decision, vacated an interim injunction granted against Mr. Sunil Agarwal, a manufacturer of cables and wires under the name ‘STANLEY’. The suit was instituted by Stanley Switchgear, a prominent manufacturer of switches, sockets, fuses, and other electronic appliances, but not including cables and wires. Stanley Switchgear contended that as it has been using the mark ‘Stanley’ in association with electronic appliances since 1966, it is the prior user of the mark, and Mr. Agarwal had been passing off his cables and wires under the mark ‘STANLEY’ since the year 2005. The High Court dismissed the arguments of passing off, as Stanley Switchgear had not registered the impugned mark in relation to cables and wires, and only brought the instant case 13 years after the impugned goods entered the market.
Citation: Stanley Switchgear Products vs Mr. Sunil Agarwal [CS (COMM) No. 393/2020]
INTERNATIONAL TRADEMARK UPDATES
Oracle Opposes ‘Orgable’ Mark
In a recent trademark application in the United States, Mercantilo LLC filed for “Orgable” in Class 42 for the provision of online non-downloadable business management software. This application was opposed before the Trademark Trial and Appellate Board (TTAB) by technology giants Oracle. It has been contended that Oracle is the proprietor of a number of marks which incorporate the word ‘Oracle’, and it has been using these marks in connection with its goods and services since 1979. Due to the similarity of the marks, and also the similarity of the services provided under the marks, Oracle is opposing such a registration to prevent Mercantilo from creating confusion among consumers, and also free-riding on Oracle’s long-standing good will and reputation in the market.
Nestle and California Pizza Kitchen Engaged in Trademark Spat
World-famous pizza chain California Pizza Kitchen (CPK) filed for bankruptcy in July this year, and in furtherance of the same, decided to terminate all existing trademark licensing and assignment deals, including the one with Nestle for the production of CPK’s frozen pizzas. Nestle had acquired the rights to use CPK’s trademarks on frozen pizzas for $3.7 billion, in 2010. In response to CPK’s decision, Nestle reciprocated, stating that it intended to retain the trademark rights granted to it, and contended that CPK could not misuse bankruptcy proceedings to undo a deal that had been in existence for decades.
BRAND LICENSING UPDATES
MPL Scores New Deal With BCCI
Bangalore based e-sports platform Mobile Premier League (MPL) has become the official sponsors of the new kit of the Indian cricket team. MPL recently entered into the three-year, INR 120 Crore deal with the Board of Control for Cricket (BCCI) to be the new apparel sponsor. Apart from an annual royalty, BCCI will also get 10 per cent of every jersey or merchandise sold by MPL. MPL has replaced sports apparel manufacturer NIKE which opted not to renew its deal with the BCCI.
Jio Announced as Official Women’s T20 Sponsor
The Board of Control for Cricket (BCCI) has recently made Reliance Jio the official title sponsor for the 2020 edition of the Women’s T20 Challenge. The partnership will also have the support of Reliance Foundation Education and Sports for All (RF ESA). This is the first time in the history of women’s cricket in India that a sponsorship has been signed.
DOMAIN NAME DISPUTE UPDATES
Dr. Seuss Enterprises Cracks Down on Cybersquatters
Dr. Seuss Enterprises L.P., the company administering the intellectual property of the legendary writer Dr. Seuss, is on a streak of winning cybersquatting disputes. The most recent victory was this week against a Chinese corporation, which is the owner of the domain name ‘grinch.shop’. Dr. Seuss Enterprises had filed a complaint against the owner of this domain with the Forum, an American domain name dispute resolution service provider. During the proceedings Dr. Seuss Enterprises contended that all the intellectual property in the ’Grinch’ mark is owned by them, and merely adding ‘.shop’ to the end of the domain name would still be infringing upon their rights. The Panel accepted the contentions made by Dr. Seuss Enterprises, and thereby awarded the domain name to Dr. Seuss Enterprises.
GEOGRAPHICAL INDICATION UPDATES
Salem Sago Applied as GI
The Salem Starch and Sago Manufacturers Service Industrial Co-operative Society Limited, popularly known as Sagoserve has filed a new application to get the geographical indication for Salem Sago. Popularly known as Jawarisi in Tami, Salem Sago is made from wet starch powder crushed from Tapioca roots and is used in various industries, including food, paper, construction, textile, cosmetic, pharmaceutical, mining, and alcohol, among others. Sago was produced for the first time in the Salem District of Tamil Nadu, which is the main centre for sago production in the whole country.
Authored and compiled by Uma T.S, Shreya Chaddha, & Varun Gopalakrishnan
About BIP’s Trademark Attorneys
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 firstname.lastname@example.org with the subject: Trademark News.
The weekly trademark news initiative is a part of their pro bono work and is aimed at spreading trademark awareness. You are free to share the news with appropriate attribution and backlink to the source.
Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to email@example.com for corrections and take down.