Pidilite Enforces Adhesive Trademarks, Amazon Looking to Expand Pharmaceutical Service Outside the US and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Pidilite Enforces Adhesive Trademarks
Pidilite Industries Ltd., the popular Indian adhesive brand, has approached the Bombay High Court to grant an interim injunction against E.C. Industry, a Mumbai based adhesive company, for using deceptively similar trademarks and trade-dress infringement. Pidilite is the registered proprietor of various trademarks including ‘DR.FIXIT’. Pidilite has alleged that E.C. Industry is using its registered trademark and similar packaging to sell its products. The Bombay High Court while acknowledging the prima facie infringement, held that E.C. Industry was marketing adhesives in bottles of similar shape and design, and was using labels of similar colour scheme as that of Pidilite, and thus granted an interim injunction.
INTERNATIONAL TRADEMARK UPDATES
Amazon Looking to Expand Pharmaceutical Service Outside the US
Amazon, the American technology major, has recently applied for registration of the mark “Amazon Pharmacy” in Australia and Canada. The mark has been applied under classes primarily covering pharmaceuticals, pill dispensers for domestic use, supplements research and medical services. The company operates a full-service online pharmacy in the US under the brand Pillpack, an independently operated subsidiary of Amazon. With the recent trademark applications filed in Australia and Canada, the company is looking to expand its pharmaceutical online retail and in-store retail services outside of the US.
Mighty Fight Over Tomatoes Across US Canada Border
MightyVine, a US based hydroponic tomato producer, has filed a trademark infringement suit against Mastronardi Produce, a Canadian greenhouse vegetable company, for using the term ‘Mighty’. MightyVine has alleged in the suit that the use of the term Mighty by Mastronardi in its their brand Tiny Mighty Tomatoes will likely cause consumer confusion. Due to the similarity in the brand names, MightyVine contends that Mastronardi is trading off its goodwill and brand reputation. The US company has prayed for unspecified damages along with an injunction on the use of the mark Mighty by Mastronardi.
BRAND LICENSING UPDATES
NFL Teams Up with H&M for Apparel and Accessories
US’ National Football League (NFL) has collaborated with global fashion retailer H&M to launch NFL-branded apparel and accessories. The deal has been brokered by talent management company IMG. The collection includes men’s jackets, tops and loungewear, which are currently available online and at H&M stores. The collaboration will include women and children’s apparel, and accessories which are likely to be launched in the upcoming season. The products will be available in more than 20 countries outside of the US, including the UK, China, Japan, Colombia, Germany, India, Mexico, South Korea and the Middle East.
Compaq Forays into LED TVs in India
Compaq, a US based computer manufacturing corporation, has entered into a licensing partnership with Ossify Industries, an LED TV and sound system manufacturer, based in Noida India, to launch ‘Compaq Smart LED TVs’ across India in 2020. Compaq Smart TVs are likely to incorporate features and functionalities to enhance the basic television experience.
FRANCHISING UPDATES
Burger Singh Plans on Franchise Expansion in Tier-2 and Tier-3 Cities across India
Burger Singh, a popular Indian burger chain from Nagpur, Maharashtra known for its big burgers with an Indian twist, is planning to expand its outreach Pan-India. The burger chain that currently has more than 35 outlets across India plans to launch 66 more outlets in the next two years. Burger Singh is currently offering three franchise models ranging from Dine-in, Express (takeaway/delivery) and Mini (kiosk). Burger Singh is targeting to expand its operations in Tier-2 and Tier-3 cities in India due to high sales recorded in such regions.
DOMAIN NAME DISPUTE UPDATES
BHP Stops a Confusingly Similar Domain
BHP Billiton Innovation Pvt Ltd (BHP Billiton Innovation), an Anglo-Australian multinational mining company headquartered in Melbourne, Australia has filed a complaint with the WIPO Arbitration and Mediation Center against Joe Kreg, for using the domain name “bhpbillitonpetroleum.com”. BHP in its complaint has alleged that the domain used by Joe is confusingly similar to its trademarks. WIPO panellist Miguel B. O’Farrell while holding that Joe Kreg had acted in bad faith, opined that the disputed domain name was confusingly similar to the trademark BHP Billiton. The mere addition of the word “petroleum” was not sufficient to avoid a finding of confusing similarity and as such the panellist ordered the transfer of the domain name to BHP.
GEOGRAPHICAL INDICATION UPDATES
Alibag White Onion Applied for GI
Alibag White Onion is a traditional variety of white onion cultivated in Alibag Tehsil of Raigad District in Maharashtra using only traditional and genuine seeds. Generally, white onions are pungent, but the Alibag White Onion variety is characterized by its sweetness. The geo-climatic conditions of Alibag is said to make these onions unique in taste, flavour and shape as compared to other varieties of white onions. The application has been filed by the Alibag Pandhara Kanda Shetkari Utpadak Gat under the Agriculture category in January 2020.
Authored and compiled by Shreya Chaddha & Uma T.S
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