Interesting trademarks, Supreme Court on trademark infringement, Nation wants to know trademark dispute, Domain name infringement news and more brought to you by the Trademark Team of BananaIP Counsels.
TRADEMARK THOUGHT OF THE WEEK
“Products are created in the factory, but brands are created in the minds”- Walter Lander
TRADEMARK STATS FROM THE INDIAN TRADEMARK OFFICE
|Last week||This week||Change in %|
Total Trademark applications examined by Trademark Office
|2085||6411||An increase of 67.4%|
|Total applications disposed through show cause hearings||152||593|
An increase of 74 %
Total applications published in the trademark journal
|5070||4983||A decrease of 1.7 %|
|Total registrations granted||2065||7729|
An increase of 274 %
Total hearing notices issued
|645||1835||An increase of 184 %|
|Total renewal notices issued||817||1065|
An increase of 30 %
Total number of marks published in trademark journal
|S.No.||Name of Office|
|6.||INTERNATIONAL REGISTRATION DIVISION|
|7.||Total Trademarks published in Journal|
NATION WANTS TO KNOW: The Bennett and Coleman Group that owns Times Now channel has applied for registration of its previous news anchor Arnab Goswami’s catch phrase “Nation Wants to Know”. The mark was applied for registration in December 2016, as a proposed to be used mark with respect to telecommunications services under class 38. Interestingly, Arg Outlier Media – owned by Arnab Goswami has also applied for the registration of the same mark in Class 38. The said application was filed in January 2017 and claims usage since 20th November 2016.
Supreme Court allows special leave petition filed by Toyota against Prius Auto Industries
The Apex Court allowed a Special Leave Petition filed by Toyota against the Delhi High Court order allowing an automobile company, Prius Auto Industries to use the trademark ‘Prius’. Toyota, who is the maker of the hybrid car ‘Prius’ filed a suit for permanent injunction against usage of the mark ‘Prius’ by Prius Auto Industries for the car accessories. However, in December 2016, the Division Bench of the Delhi High Court ruled in favour of Prius Auto and found that usage of the mark PRIUS by the Defendant would not cause any confusion among the public. Aggrieved by this Order, Toyota has approached the Apex Court and the Apex Court finding merits in the claims of Toyota has allowed the special leave petition and fixed the matter for hearing on 22 August, 2017.
Times Now serves legal notice to Arnab Goswami for the usage of the phrase “Nation wants to know”
Famed news anchor, Arnab Goswami who is all set to launch his News channel Republic TV has received a legal notice from his former employer, Bennett & Coleman Group, directing him to refrain from using his catchphrase “Nation wants to know”. Bennett & Coleman Group claims that all rights in the mark NATION WANTS TO KNOW vest with them and any usage of the phrase NATION WANTS TO KNOW by Arnab or his new venture Republic TV would amount to trademark infringement and passing off. In response to this Notice, Arnab has released an audio clip on YouTube stating that the said phrase belongs to “You, to me and to all of us, every citizen of this country. Every Indian has a right to use that phrase. And this phrase comes from the heart. Every Indian, through his or her question spirit, can use the phrase Nation Wants to Know”.
INTERNATIONAL TRADEMARK UPDATES
The Beckhams get their daughter’s name trademarked
The famous footballer David Beckham and his wife, Victoria Beckham recently got their daughter’s name, Harper, registered in the UK and Europe. The mark HARPER is registered in relation to a range of goods/services, including clothing, accessories, toys, deodorant, to name a few. The couple had earlier registered their names as well as names of their three other children, Brooklyn, Romeo and Cruz as trademarks in relation to various goods.
Ivanka Trump acquires three more Trademarks in China
Associated Press reported that the American president Donald Trump’s daughter’s company, Ivanka Trump Marks LLC had been recently granted three new trademark registrations in China. It is reported that since taking the office, the Trumps have been really aggressive with regard to new trademark registrations in countries like China, Philippines, Puerto Rico, Mexico, Canada and U.S. It has been speculated in the media that Ivanka Trump’s new trademark registrations are a result of their recent meeting with the Chinese president on 6th April 2017 as China does not generally grant registrations that easily.
DOMAIN NAME DISPUTES
Volvo successfully restrains the usage of the domain www.volvo-bus.in
The well-known automobile company Volvo has successfully restrained an Indian entity from using the domain www.volvo-bus.in. In a domain name infringement action initiated under the INDRP Rules, the Arbitrator found that the registration and use of the domain www.volvo-bus.in would create confusion among the public and ordered the transfer of the domain to the Volvo group.
TRADEMARK LICENSING UPDATES
Mobile Game developer King, partners with Moschino for Candy Crush Merchandises
The mobile game, Candy Crush Saga is all set to celebrate its fifth anniversary. King, the developers of the game has entered into a licensing agreement with Moschino.com to manufacture and distribute limited edition merchandises in the nature of backpacks, phone cases and swimwear.
TRADITIONAL KNOWLEDGE UPDATES
Sri Lanka applauded for its efforts to protect Traditional Knowledge
The Director-General of the World Intellectual Property Organization, Dr. Francis has applauded the efforts taken by Sri Lanka for drafting a National Policy on Traditional Knowledge and Traditional Cultural Expression. He expressed hope that the recent workshops organized by Sri Lanka on this would lead to a comprehensive legislation for protection the Traditional Knowledge and Traditional Cultural Expressions. The Director General made these observations when he met the representatives of Sri Lanka during the 37th Session of the Standing Committee on Law of Trademarks, Industrial Designs and Geographical Indications.
BANANAIP TRADEMARK TIP OF THE WEEK
All rights in the trademark or logo created by an employee during the course of his employment will vest with the employer, provided adequate provisions relating to intellectual property are included in the employment agreement. Therefore, it is important to include well-defined intellectual property assignment provisions in the employment agreement to protect the intangible assets of an organization.