Trademark News Bulletin: 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|
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!”
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
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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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