Kashmiri Saffron bags GI tag, Fitbit grabs a deceptive domain, Kanye West files trademark for new cosmetics line, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
PULSE Candy Defeats its Infringer
DS Confectionary (‘Plaintiff’), the manufacturers of fruit candies under the brand PULSE, filed an application at the High Court of New Delhi, seeking an interim injunction against Chetan Gupta (‘Defendant’) for manufacturing and selling fruit candies, albeit, under a deceptively similar trademark PLUSS+. The Plaintiff also contended that the trade dress, color and get-up are also deceptively similar to the Plaintiff’s product packaging. The Court, after hearing the Plaintiff and perusing the documents placed on record through videoconference, opined that the Plaintiff has set up a prima facie case in its favor and issued an interim injunction against the Defendant from using the trademark PLUSS+. The next date of hearing is fixed for June 30th.
Citation: DS Confectionery Products Ltd v. Chetan Gupta CS (COMM) 168/2020 & I.A. No. 4405/2020
INTERNATIONAL TRADEMARK UPDATES
Kanye West Files Trademark for New Cosmetics Line
American rapper and singer, Kanye West is the latest addition to the list of celebrities having their own cosmetics line. The singer has recently filed an application for Yeezy under class 03 for cosmetics, makeup, body glitter, skin creams, hair products. The application has been filed by Mascotte Holdings Inc, which is owned by Kanye West.
INTA Cancels TMAP Due to Pandemic
The International Trademark Association (INTA), a non-profit advocacy association of brand owners and IP professionals, has cancelled the annual Trademark Administrators and Practitioners (TMAP) meeting in view of the ongoing global pandemic. The event was scheduled to take place in Arlington, Virginia, US from 4-6 October 2020. The next physical TMAP event is scheduled for Denver on 26-28 September 2021.
BRAND LICENSING UPDATES
Adidas to Launch Sustainable Shoes with Allbirds
Global sportswear giant Adidas has partnered with New Zealand-American footwear company Allbirds, to create an environment friendly shoe line. The companies have claimed that the sustainable shoe will have the lowest ever carbon footprint recorded for a sport performance shoe. The brands aim to use innovative manufacturing and supply chain processes to create a low-impact, high-performance sneaker. The typical carbon footprint for a pair of synthetic running shoes produces between 11.3kg and 16.7kg of CO2. For their new collaboration, Adidas and Allbirds aim to create a sports shoe limited to a 2kg carbon footprint.
Logitech G Extends Partnership with ENCE
Finnish e-sports organization ENCE has extended its partnership with Logitech G, the gaming brand of Swiss based computer peripherals manufacturer Logitech. The agreement between the two companies commenced in 2019 and has now been extended till 2022. Logitech G is known for manufacturing gaming headsets, mice, keyboards, and other PC accessories, and had originally partnered with ENCE in 2019 as its peripherals sponsor.
DOMAIN NAME DISPUTE UPDATES
Fitbit Grabs a Deceptive Domain
Fitbit (“Complainant”), a provider of health and fitness devices, wearable trackers, and smartwatches, filed a domain name dispute complaint with the WIPO Arbitration and Mediation Center against WhoisGuard Inc, Panama (“Respondent”) for registering the confusingly similar domain www.fitbitxstore.com. Fitbit, founded in 2007, owns several U.S. and foreign trademark registrations for the mark FITBIT and its primary domain, www.fitbit.com. The disputed domain was registered in 2019, but nothing is known of the Respondent. It was contended that without any authorization or license, the disputed domain resolves to a website that implies to be the Complainant’s official online store. The impugned domain also used the Complainant’s trademarks, product images, and advertising with claims to sell Fitbit products at a significant discount. The Complainant further contended that the domain name was a clear case of typo squatting designed to divert traffic from the Complainant’s website to the Respondent’s website. The Respondent did not submit any response. The Panel found that the domain was used to impersonate the Complainant and the Respondent had no rights or legitimate interests in the domain. Therefore, the disputed domain www.fitbitxstore.com was ordered to be transferred to the Complainant.
GEOGRAPHICAL INDICATION UPDATES
Kashmiri Saffron Bags GI Tag
Much renowned Kashmir Saffron has been granted GI registration by the Geographical Indication (GI) Registry in May, 2020. Kashmir Saffron, one of the prized and costliest spices, is cultivated in the Karewa (highlands) of Jammu and Kashmir. The saffron cultivation is said to have been introduced by the central Asian immigrants around 1st Century B.C. The unique characteristics of the Kashmir Saffron are longer and thicker stigmas, natural deep-red color, high aroma, chemical free processing, bitter flavor and high quantity of crosin (coloring strength). It is also the only variety of saffron in the world grown at an altitude of 1600 m to 1800 m above sea level which adds to its uniqueness. The application was filed by The Agriculture Production Department J & K in December 2018.
Authored and compiled by Uma T.S & Shreya Chaddha
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