New Dark Mode Icons by Apple, Nike Wants its Swoosh Back, Reliance Inks Franchise Deal with ‘The Entertainer’, Osmanabadi Goat Filed for GI under Live Animals Category, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Nike Wants its Swoosh Back
Delhi District Court has passed a permanent injunction against three footwear companies, G.B. Shoe, Vishal Footwear and New Hira Shoes, located in Agra, the Defendants, for violating the trademark(s) of Nike, the celebrated sports shoes manufacturer. Since its adoption in 1971, Nike has been using its brand name continuously worldwide and is the registered trademark holder of marks such as NIKE, SWOOSH (logo), etc. Based on the evidence and the reports submitted by the appointed Local Commissioner, the Court noted that the Defendants’ adoption and usage is creating undue enrichment by creating confusion in the minds of customers. The Court further ordered the Defendants to pay Nike a nominal damage of Rs. 50,000 each.
INTERNATIONAL TRADEMARK UPDATES
New Dark Mode Icons by Apple
Apple, the American technology major, has recently applied for registration of three new trademarks in China, one of them being the Apple’s music logo in dark mode. The logo comprises of a black square with rounded edges with a blue, purple, and pink stylized musical note in the center. This filing might open up the possibility of dark mode icons coming to Apple devices in the near future. Further, Apple also filed for the figurative version of Apple Music for Business and lastly a Chinese mark roughly translated as ‘Deep Integration’, which is specifically for the Chinese market.
The US Olympics Committee Claims Psychologist Cannot Use Olympics Logo
The US Olympics Committee, a federally chartered Non-profit Corporation, has filed a federal lawsuit accusing Steven Ungeleidera, an American Sports Psychologist, of misrepresenting himself as a psychologist affiliated with the US Olympic Committee, in several of his emails to journalists and the US State Department. The suit alleges federal trademark infringement and that despite the Committee’s cease-and-desist letters, Steven Ungeleidera continues to use the Olympic logo mark on his website, Twitter and Facebook pages.
BRAND LICENSING UPDATES
H&M’s First Global Collaboration with Indian Designer Sabyasachi
Hennes and Mauritz (H&M), the global fashion retailer, has announced its collaboration with the iconic Indian designer Sabyasachi Mukherjee. The Sabyasachi x H&M collection themed “Wanderlust” will be a mix of modern and traditional silhouettes with the Indian textile and print tradition as a key highlight of this collection. The collection will be available in all H&M stores in India as well as select H&M flagship stores around the world and online.
Star Wars Merchandise Collaboration Star Wars Voice Actress
‘Star Wars’ has partnered with ‘Her Universe’, a fashion company and lifestyle brand founded by the actress Ashley Eckstein for an all new apparel collection. Ashley Eckstein is popularly known to everyone as the voice of Ahsoka Tano on Star Wars. The “Star Wars” x Her Universe Apparel collection will include t-shirts, joggers, jackets and will be available at Disney parks and online.
Reliance Inks Franchise Deal with ‘The Entertainer’
The Entertainer, a UK-based toy retailer, has signed a master franchise agreement with Reliance Brands Limited (RBL) to foray into the Indian market. The Entertainer will bring to the country a selection of action toys and figures, soft toys, art and craft sets, games and jigsaws, outdoor toys, collectible toy items and more, including their private label brand Addo. With this agreement, RBL will be opening The Entertainer stores in Mumbai in the first half of 2020.
DOMAIN NAME DISPUTE UPDATES
Naturals Salons Loses Domain Name Dispute to a Korean Company
Naturals, a prominent beauty salon chain in India with over 650 outlets had filed a complaint with the WIPO Arbitration and Mediation Center against a Korean company, Daegu Law Auction owned by Mr. Deock-Ho Kang for using a identically/confusingly similar domain name, www.naturals.com. Naturals alleged that by virtue of the widespread use and reputation of the NATURALS trademark, members of the public and the trade are bound to associate the domain name with Naturals and would have the wrong impression that the Korean company is associated with it. On hearing both the parties and going through the records and submissions, the WIPO Panel finds that there is no evidence that the Korean company was aware of Naturals and its trademark when registering the domain name in 2001 as the domain name was registered well before the NATURALS trademark was applied for registration in India in 2006. Further, there is no evidence that the NATURALS mark was known in the Republic of Korea. The Korean company’s passive holding of the domain name is not evidence of bad faith. Therefore, although the marks were confusingly similar, the Panel denied the complaint due to lack of bad faith.
GEOGRAPHICAL INDICATION UPDATES
Osmanabadi Goat Filed for GI Under Live Animals Category
Osmanabadi goat is the most popular goat breed of the arid and semi-arid regions of Maharashtra. This breed has derived its name from the region Osmanabad, where it is predominantly found. It has many desirable characters such as early maturity, high kidding rate, growth rate and quality of the meat. Osmanabadi goat breed is also noted for its high resistance power against diseases and also for their reproductive capacity. The Application was filed by Osmanabadi Sheli Sanvardhan Shetkari Gat of Osmanabad District, Maharashtra under Class 31 for Live Animals.
Authored and compiled by Shreya Chaddha & Uma T.S
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