Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News

 
Indian Trademark Statistics for August (First Week), Kodaikanal Hill Garlic Gets GI Tag, Maurizio Collaborates with Filippo, Ola Expands Operations in Australia, Stan Lee Comes to Life: All American Licensing Partners with POW and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.

TRADEMARK QUOTE OF THE WEEK

“The investment you make into a brand makes its name worth it” – Bernard Kelvin Clive

INDIAN TRADEMARK STATISTICS

Last week, the Indian Trademark Office have had a mixed week. The total number of applications disposed through show cause hearings has increased by eleven percent (11%). Similarly, the total applications published in the trademark journal has increased by eleven percent (11%). However, there has been a decrease of twenty one percent (21%) in the total hearing notices issued.

Weekly Indian Trademark Statistics

Particulars Last Week This Week Change in %
Total Trademark Applications Examined by Trademark Office 11197 13354 An increase of 19%
Total Applications Disposed through Show Cause Hearings 5420 6028 An increase of 11%
Total Applications Published in the Trademark Journal 8027 8894 An increase of 11%
Total Registrations Granted 6836 6684 A decrease of 2%
Total Hearing Notices Issued 7431 5908 A decrease of 21%
Total Renewals Notices Issued 1766 1985 An increase of 12%

Trademark Statistics by Office

Total Number of New Applications Received from July 31st, 2019 to August 7th, 2019

Sr. No Jurisdiction New Applications Examined Published Registered
1 AHMEDABAD 1036 931 1029 709
2 CHENNAI 1416 1167 1706 1538
3 DELHI 2962 2369 2736 1950
4 KOLKATA 521 431 412 227
5 MUMBAI 1759 1548 1888 1781
Total   7694 6446 7771 6205

Yearly Trademark Statistics

Trademark Statistics from January 1st, 2019 to August 7th, 2019

  • Total Number of Trademark Applications Filed – 206683
  • Total Number of Trademark Applications Examined –  100302
  • Total Number of Trademark Applications Published – 111700
  • Total Number of Trademark Applications Registered – 180887

INDIAN TRADEMARK UPDATES

Idhayam Trademark Battle

V.V.V. & Sons Edible Oils Limited, the proprietors of Idhayam Oil filed a trademark infringement suit against a Chennai based Shivaraja Impex Company, for using the mark ‘IDHAYAM’ for sesame oil. V.V.V is said to have been using the brand name Idhayam for more than 2 decades and also exports to 49 countries worldwide. V.V.V came to know Shivaraja Impex was packing and selling sesame oil under the brand name ‘IDHAYAM’ and was exporting to the US and Canada. The Madras High Court arriving at the decision, noted that the label used by Shivaraja Impex for the product is an exact replica of V.V.V’s product label, proving the dishonest intention Shivaraja Impex. The Court, therefore, passed an ex-parte decree of permanent injunction restraining Shivaraja Impex from using the trademark ‘IDHAYAM’ and a monetary compensation of INR 50,000 to be paid to V.V.V within 3 months from the date of order.

INTERNATIONAL TRADEMARK UPDATES

Suite Victory for Hotel

Claridge of Mayfair, a popular 5-star hotel based out of London, has won a trademark infringement suit against Claridge Candles, a candle manufacturing entity based in England, for infringing its registered trademark. The hotel had filed the suit against the candle manufacture in 2018, claiming that the use of the letter ‘C’ by Claridge Candles is an attempt to trade off its reputation and goodwill. Intellectual Property Enterprise Court (IPEC), while ruling in favour of the hotel, has stated that the Claridge Candles have infringed the trademark and have knowingly traded on Claridge’s reputation for ‘luxury, glamour, elegance, and exclusivity’.

PayPal Files Infringement against Lenmo

PayPal Holdings, Inc, the American online payments system provider, has filed a suit against Lenmo, a peer to peer lending platform, for trademark dilution and false designation of origin. Venmo, a Paypal company, has claimed that the use of a similar name by Lenmo is likely to cause consumer confusion and is an attempt to trade on its brand’s reputation. Paypal is seeking damages as well have Lenmo cease its use of the mark.

BRAND LICENSING UPDATES

Maurizio Collaborates with Filippo

Maurizio Distefano Licensing (MDL), the leading Italian licensing agent, has announcing a new Filippo Laterza collection based on the new Angry Bird movie, after having procured the worldwide rights for Italian fashion designer Filippo Laterza. The collection will include gowns, skirts and dresses based on the popular game Angry Bird character’s Red, Chuck, Bomb and others. MDL is Filippo Laterza’s licensing partner for apparel and accessories.

Stan Lee Comes to life: All American Licensing Partners with POW

All-American Licensing & Management Group, LLC (AAL), a licensing and management company, has collaborated with Stan Lee’s POW! Entertainment, Inc, to develop products based on Stan Lee, the founder and creator of Marvel Comics. The products will include his name and likeness, signature, famous catchphrases and trademarks, such as “Excelsior!”

FRANCHISING UPDATES

Bata Aims to Launch 500 Franchise Stores in India

The footwear major, Bata India is considering the launch of 500 franchise stores in India over the next five years. Bata India currently has 150 franchise stores and is now opening outlets in smaller towns. Further, Bata India currently has seven entirely women-run stores and women make up 22% of the work force in their top 500 stores.

GEOGRAPHICAL INDICATION UPDATES

Kodaikanal Hill Garlic Gets GI Tag

Geographical Indications Registry has granted the GI tag to Kodaikanal Hill garlic (Kodaikanal Malali Poondu) from the Kodaikanal hills of Dindigul district. It is known for its medicinal and preservative properties and has an extended storage life period of 8 to 11 months unlike other garlic varieties. This is because the cloves of the garlic do not get separated for months. The uniqueness of the product lies in the soil, misty condition and the hill altitude. This variety of garlic is also said to have a very strong odour and pungent taste. The Application was filed in June, 2018 by Department of Biotechnology, Mother Teresa Women’s University and Tamil Nadu State Council for Science and Technology.
Authored and compiled by Shreya Chaddha & Uma T.S
 
About BIP’s Trademark Attorneys
The Trademark News Bulletin is brought to you by the Trademark/Copyright, IP Transactional Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BIP’s Trademark Attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Trademark News.
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Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down
 

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