Netflix Collaborates with Mattel for “He-Man”, A2B Takes Down Chennai Ananda Bhavan, MGM Stops a Chinese Copycat in China, Adidas Taps Professional Gamer Ninja for New Shoes, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
A2B Takes Down Chennai Ananda Bhavan
Adyar Ananda Bhavan Sweets and Snacks, more popularly known as A2B, the registered trademark owners of the marks Adayar Ananda Bhavan and A2B logo since 1988, filed a suit seeking permanent injunction against Chennai Ananda Bhavan for using a deceptively similar mark. It is further alleged that Chennai Ananda Bhavan’s logo is similar to A2B’s not only with respect to the colour scheme but the entire look. Since there was no representation for Chennai Ananda Bhavan, the High Court of Madras passed an ex-parte permanent injunction order in favor of A2B as they had clearly established an infringement case.
INTERNATIONAL TRADEMARK UPDATES
British Royal Foundations Go Their Own Way
Looks like some trouble is brewing at the British royal household. Prince Harry and Meghan Markle, the Duke and Dutchess of Sussex have filed trademark application for their charitable foundation, Sussex Royal – The Foundation of the Duke and Duchess of Sussex. The application covers a variety of classes which includes education, charity, social care, print materials and clothing. It is interesting to note that the mark had been filed on 21st June 2019, a day after Markle and Prince Harry officially resigned from The Royal Foundation, the charity they had once shared with the Duke and Duchess of Cambridge, Prince William and Kate.
MGM Stops a Chinese Copycat in China
Shenzhen MGM Films, a Chinese company has been ordered to pay 6 million yuan ($860,000) for trademark infringement and unfair competition by a Shanghai court. Metro-Goldwyn-Mayer Holdings popularly known as MGM, had filed two suits against the Shenzen company for registering domain names containing the word MGM, and using the MGM word mark as well as the logo without due authorization. The Chinese company had also authorized more than 30 theaters to use the brand name as well as the logo. The ordered compensation is the maximum amount that can be awarded under Chinese law.
BRAND LICENSING UPDATES
Netflix Collaborates with Mattel for “He-Man”
Popular media and content distribution company Netflix has partnered with Mattel Television to produce the animated series “He-Man and the Master of the Universe” based on He-Man IP. This collaboration is the second in the series, with the earlier one being “Masters of the Universe: Revelation”. The show is a CG-animated series for kids, which portrays a young lost prince who transforms into the hero He-Man and battles the evil Skeletor to protecting the cosmos.
Adidas Taps Professional Gamer Ninja for New Shoes
Adidas, the world’s second largest sports goods manufacturer has partnered with Richard Tyler Blevins, better known by his online alias Ninja, a professional gamer, to launch ‘Time In’ Nite Jogger. In this one of a kind collaboration, Ninja has designed a shoe with Adidas that represents today’s urban culture and youth. The joggers are blue in colour with the words Ninja written across them and were launched on 31st December 2019.
Gloria Jean’s Coffees Makes a Comeback in India
Gloria Jean’s Coffees, an Australian retail coffeehouse chain founded in 1979 has entered into a master franchise agreement with Jay Jay Capital & Investments for a comeback to India with 100 new stores in the next 5 years. The first set of stores is expected to open in Mumbai and Bengaluru by June 2020. The Australian coffee brand had earlier launched in India but shut down after seven years of operations due to heavy losses.
DOMAIN NAME DISPUTE UPDATES
Bad Faith Alone Not Sufficient to Prove Domain Name Dispute
In a recent domain name dispute judgment by the World Intellectual Property Organization (WIPO), panelist Tony Willough upheld a key ingredient of the Uniform Domain Name Dispute Resolution Policy (UDRP). A domain has to be registered in bad faith, not just used in bad faith. Adventure SAS, a French sporting goods company had filed a cybersquatting dispute against BlackHawk Paramotors USA and the domain AdventureParamotorsUSA.com for registering and using the domain in bad faith. BlackHawk was a distributor of Adventure SAS’s goods, however, the agreement between the companies had been terminated. While rejecting the complaint, Willough has stated that although the domain is being used by BlackHawk in bad faith, the registration of the domain was done in good faith as a part of a reseller arrangement. Since, the complainant has failed to satisfy both the conditions, the complaint is rejected.
GEOGRAPHICAL INDICATION UPDATES
Myndoli Banana Filed for GI
Myndoli banana also known as Moira banana, is the long and tusk shaped local variety grown in the villages of Pernem, Bicholim and Bardez Taluka in the northern areas of Goa. Myndoli Banana, an important fruit crop of Goa is said to be the most popular, very nutritious and high in energy, vitamins and minerals. The application was filed by the Department of Science & Technology (DST), Government of Goa in December, 2019.
Authored and compiled by Shreya Chaddha & Uma T.S
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