Michael Jordan Faces Defeat in ‘Jordan’ Trademark Dispute in China, Cumbum Panneer Thratchai Applied for GI, Kareem Abdul-Jabbar Collaborates with Bruce Lee and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Aristo Apparel Restrained from Using the Mark “SERO”
The Bombay High Court has granted a temporary injunction in favour of Salva Corporation, restraining Aristo Apparel from using the mark “SERO” in connection with men’s apparel. The suit was instituted by Salva Corporation after it learned that Aristo Apparel was selling goods under the mark “SERO” and had also applied for the registration of the mark “SERON”, which it alleged to be deceptively similar to its own mark “SERON”. The Bombay High Court observed that Salva Corporation had made out a prima facie case that Aristo Apparel was using a deceptively similar mark, which merely omitted the letter ‘N’, in order to trade upon Salva Corporation’s existing goodwill and reputation. The High Court, therefore, passed an order restraining Aristo Apparel from using the mark “SERO” or any other mark incorporating the term “SERO” in connection with men’s apparel.
Citation: Savla Corporation v. Aristo Apparels
INTERNATIONAL TRADEMARK UPDATES
Michael Jordan Faces Defeat in ‘Jordan’ Trademark Dispute in China
NBA star Michael Jordan has recently been handed an unfavourable decision by a Shanghai Court in a trademark dispute against Chinese sportswear manufacturer Qiaodan Sports Company. The basketball legend had instituted the suit against the Qiaodan Sports Company, who had been consistently using the mark “Qiaodan”, which is the Chinese translation of the word “Jordan” without any authorisation and with a mala fide intention to deceive consumers. The Court accepted Jordan’s contentions, and ordered Qiaodan Sports Company to issue a public apology, along with a declaration that the entity and its goods had no relation whatsoever to Michael Jordan. However, as the entity had been using the mark “Qiaodan” for over five years, it could not be restrained from using the mark under China’s trademark law. The Shanghai Court could, therefore, only award Jordan damages to the tune of around $50,000 for “emotional damages” and litigation costs.
PNC Bank Sues Fintech Company for Trademark Infringement
PNC Bank, a Pennsylvania-based banking company, has recently instituted a suit in the U.S. District Court of Pennsylvania, alleging trademark counterfeiting, infringement, and false advertising by Plaid Inc., a financial technology service provider. PNC Bank has contended that Plaid had incorporated the PNC Bank logos, as well a similar colour scheme on its website, in an attempt to mislead consumers into believing that they are entering sensitive information into PNC’s secure servers. Plaid, however, has refuted these claims, stating that it has already made the necessary modifications, which would satisfy all of PNC’s concerns about trademark infringement and trademark counterfeiting. PNC has however claimed over 2 million USD in damages, as well as a statement from Plaid disassociating itself from PNC.
BRAND LICENSING UPDATES
Kareem Abdul-Jabbar Collaborates with Bruce Lee
The new year is off to a great start with a major collaboration on way by two major superstars. Kareem Abdul-Jabbar, a former professional American basketball player, has collaborated with Bruce Lee Family Company, to launch a new apparel brand. The deal is done in collaboration with Iconomy. The partnership has been kickstarted with the release of a limited-edition t-shirt commemorating Bruce Lee’s 80th birthday.
New Wonder Women Shoe Line from Biion Footwear
Biion Footwear, a Canadian footwear manufacturer has partnered with media giant Warner Bros to create a shoe inspired by Wonder Woman’s iconic costume. The Wonder Woman special edition will be made with a rubber sole, a ruby red body with the classic golden “W” emblem and star-spangled pattern across the toebox, white midsole, and a yellow outsole. The collection will be available for adults and kids on pre-order.
DOMAIN NAME DISPUTE UPDATES
Gainvest.Co Owner Attempts Hijacking of Gainvest.Com Website
In a recent decision by a Panel of the World Intellectual Property Organisation (“WIPO”), Gainvest Legal Corporation, the owner of the Gainvest.co domain, was denied rights over the domain Gainvest.com. The disputed domain ‘Gainvest.com’ was owned by John Sozanski, who had registered the same back in 1999, which was almost 20 years before the incorporation of Gainvest Legal Corporation. In the case filed under the Uniform Dispute Resolution Process (“UDRP”), the WIPO Panel was of the opinion that Gainvest Legal Corporation had brought the dispute in bad faith, had made a series of frivolous arguments, and was attempting reverse domain name hijacking.
GEOGRAPHICAL INDICATION UPDATES
Cumbum Panneer Thratchai Applied for GI
Cumbum Panneer Thratchai, a grape variant, has been applied for a Geographical Indication tag. This particular variant of the grape provides high yield as it is cultivated throughout the year in the Cumbum Valley in Theni district of Tamil Nadu. The grapes grown are suitable for making wine, spirit, jams, canned grape juice and raisins. The application has been filed by the Kaamayam Thiratchai Vivasayigal Sangam.
Authored and compiled by Uma T.S & Shreya Chaddha
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