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trademarks Tag

BananaIP Counsels > Posts tagged "trademarks" (Page 6)

Importance of IP for Start-ups and Entrepreneurs (Part II): Trademarks


Choosing the right name/business representation word, logo, device or any other form of business representation is generally the first asset created by an entrepreneur, Often, entrepreneurs finalize on a name or logo and develop strong emotional attachment to it without proper research. While it is important to be passionate about the business and its representation, every entrepreneur must take the following steps before finalizing on a business representation: a. Ensure that the name, logo or any other representation shortlisted is capable of achieving strong trade mark protection. It is well settled under the trademark law that a fanciful (newly coined word)...

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Will ALPHABET get Google into Trademark Trouble?

This image depicts the Google logo with a magnifying glass over it. The post is about the recent debate that has been sparked as Google made the announcement that it would be using the house mark “ ALPHABET” for its holding company . Click on the image to read the full post.

Google's announcement that it would be using the house mark “ALPHABET” for its holding company sparked off a series of debates about trademark implications of using the said word. While numerous companies operate under the name "ALPHABET" as a part of their name, the leader of these companies seems to be BMW. BMW's representative has stated that Alphabet, a fleet services company operated by BMW is an important part of its business, and that BMW is considering the issue at this point of time, but does not plan to take any action immediately. With the help of Ms. Sambhabi from BananaIP,...

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Intellectual Property (IP) in India: A Decade of Progress Part 1

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

This post gives trade mark statistics for the last decade. Trademark applications are filed to register a trademark with a national or regional Intellectual Property (IP) office.A 2011 report showed that the five countries filing the most trademarks were China, USA, India, Brazil and South Korea. The statistics revealed a major shift in the preference of multinational brand owners towards emerging markets, evidenced by the change in the composition of the top 10 countries with the most number of published trademarks, from 2012 to 2013 . The 2013 list was led by China, and the top echelon consisting of United Kingdom, Germany, and Canada was replaced this...

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Lionsgate Sues Ameritrade for using ‘Dirty Dancing’ Dialogue

Featured image is the film poster of Dirty Dancing, with Patrick Swayze and Jennifer Grey, as the post is about a trade mark dispute over a famous line from the film. To read the post click here.

All of us at some point have watched and loved the film “Dirty Dancing”. The film is legendary for different reasons- the impeccable dance routines, the star-crossed lovers theme, Patrick Swayze and the dialogues, which are quoted, spoofed and now being used for ad campaigns. TD Ameritrade (‘Ameritrade’ for brevity) through its ad company Havas ran an advertisement of a man lifting a piggy bank over the tagline "Nobody puts your old 401(k) in the corner”, clearly spoofing the most memorable dialogue from the Dirty Dancing. The ad campaign ran from October 2014 to April 2015, and once the campaign ended...

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Disney finally dances to Deadmau5’s tune

Featured image is of EDM D.J. Joel Zimmerman a.k.a. DeadMau5 performing as the post is about his famous Mau5 ears and the trademark dispute with Disney. To read the post click here.

Deadmau5   the Canadian progressive-house music producer who made his first tour of India last year had found himself in a trademark battle with the most loved mouse of all time, Mickey Mouse the well known cartoon character and the proud mascot of Disney.  The root of Deadmau5 - real name Joel Zimmerman's troubles was literally sitting on his head, his iconic Mau5head which he regularly wears during all his performances around the world. The Walt Disney Company Disney is fiercely  protective of its intellectual property, particularly when it comes to Mickey Mouse. Deadmau5's application for a trademark registration under US law to use...

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Peps Industries Vs. Shakti Mattresses & Gears

Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

  The Delhi High Court has passed an ex-parte interim injunction against Shakti Mattresses & Gears Pvt. Ltd. on 29th May 2015, to restrain from dealing in the goods and services, under the mark ‘SPINE GUARD’, which is a registered trademark of the plaintiff, Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and sale of sleep comfort products such as mattresses, pillows, cushions, sofas, beds and other related products. The plaintiff is one of the largest spring mattresses company in the country and does not only have...

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Flavour Marks – Can They Become a Reality?

This image depicts a pizza, as the post is about trademarking flavours. Click on the image to read the full post.

Here is the next post in the series of Student Blog Contest. This post is authored by Amrita Vasudevan.

Every city has its food treasures and eating haunts, and Bangalore, for example, has Shivaji Military Hotel’s Donne Biryani or CTR’s Benne Masala Dose, both of which have quite the fan following. Eating joints like these often become landmarks, and a ‘must visit’ for tourists. We often associate a particular taste or flavour with an eating joint, a sort of trademark of that business. But can we then register and protect the flavour as one?

Flavour marks, if accepted, join the list of non conventional trademarks like sound, smell, touch etc. The criteria for registration of a traditional trademark, however, do not translate well for the registration of a non-conventional mark like a flavour. For example, a flavour cannot be graphically represented. Additionally, since taste is such a subjective human experience, it escapes objective and precise definition. Some jurisdictions like the EU plan to remove the requirement of graphical representation, but there still has to be some kind of representation. Representation by depositing samples at the registering office is unfeasible as flavours change over time, besides being difficult to access.

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