Character Trade Marks, Onion Man Trade Mark, Burberry Trade Mark Infringement, Nepal Tea’s TM applications, Kim Kardashian’s legal battle and more
Indian Trade Mark Statistics for July 2017 (Fourth Week), Trade Mark relating to The Blooming Onion Man, Burberry Trademark Infringement Suit, Nepal Tea to get a trademark, Flipkart ties up with Ducati and other trade mark news brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
” Your brand is the single most important investment you can make in your business ”
— Steve Forbes
INDIAN TRADE MARK STATISTICS
The productivity of the Indian Trade Mark Office was more or less the same compared to the previous week from the statistics perspective. The total applications disposed through hearings increased by thirty (30) percent. The number of registrations granted reduced by twenty-seven (27) percent. However, the number of renewal notices issued rose by three hundred and fifty (350) percent.
|Particulars||Last week||This week||Change in %|
|Total Trademark applications examined by Trademark Office||9108||9153||An increase of .49%|
|Total applications disposed through show cause hearings||961||1252||An increase of 30%|
|Total applications published in the trademark journal||8581||8724||An increase of 1.6%|
|Total registrations granted||6721||4868||A decrease of 27 %|
|Total hearing notices issued||2179||1490||A decrease of 31%|
|Total renewal notices issued||3649||16438||An increase of 350%|
|S.No.||Name of Office||Number of Applications Published|
Outback Steakhouse- The Blooming Onion Man
Outback Steakhouse of Florida, LLC, has filed a new trademark application for the mark ‘THE BLOOMING ONION MAN’ which is described as “a three-dimensional configuration of a costumed mascot character with human arms and legs and the body of fried onions on a plate wearing a hat in the form of a dipping sauce saucer. The phrase ‘Outback Steakhouse’ appears thereon. The application is filed under Class 41 for “entertainment services in the nature of live appearances by a costumed mascot at college sporting events, promotions, charity events, special events and other performances’ with application number 87319510. Outback Steakhouse has earlier applied for the mark ‘BLOOMIN’ ONION’ in 1989 in class 29 also.
INDIAN TRADEMARK UPDATES
Burberry Limited vs. 99labels.com & Ors
Venerable British fashion brand owner, Burberry Limited, filed a trademark infringement suit before the Delhi High Court for restraining the Defendants from advertising, selling, offering for sale, marketing, trading, directly or indirectly dealing in any products bearing the trademarks BURBERRY, BURBERRY CHECK and EQUESTRIAN KNIGHT DEVICE and/or any other trademarks confusingly or deceptively similar to it. Burberry is a world renowned designer, manufacturer & distributor of luxury products for over past one hundred sixty years. In 2013, Burberry came to know that the Defendants were dishonestly selling/counterfeit ‘BURBERRY’, ‘BURBERRY CHECK’ and ‘EQUESTRIAN KNIGHT DEVICE’ products and also unauthorizedly using the said trademarks on their website www.99.lables.com without any prior authorization/license from the Plaintiff. Multiple cease and desist notices had been sent to the Defendants with regard to the same. Having heard learned counsel for plaintiffs as well as having perused the papers, the Court opined that due to extensive worldwide use over a substantial period of time, the BURBERRY mark has acquired the status of well-known mark globally as well as in India. The Court held that the Defendants are liable for passing off and infringement of the BURBERRY trade mark.
INTERNATIONAL TRADEMARK UPDATES
‘Nepal Tea’ to get a trademark
The National Tea and Coffee Development Board (NTCDB) in association with Trade and Export Promotion Centre are planning on filing applications for collective marks for ‘Nepal Tea’ in the USA, Canada, and Germany. Nepal Tea has recently received registration from the Department of Industries, Nepal. The step to trademark the tea was undertaken because of the growing popularity of the ‘Nepal Tea’ in Western countries.
Kim Kardashian in a legal battle with Kirsten Kjær Weis
Reality TV Star, Kim Kardashian is in a legal dispute with Kirsten Kjær Weis, a Danish makeup artist over the use of the initials KKW. The makeup artist has filed a suit against Kimsaprincess Inc., owned by Kim Kardashian, alleging Kimsaprincess Inc. of selling beauty products under the initials KKW, alleging it to be confusingly similar to her initials KW. Kirsten Kjær Weis has been using the initials KW for her beauty products since 2010. A cease and desist notice has earlier been served by Kirsten over the use of her initials, after which the suit has been filed claiming a permanent injunction over the use of her initials KKW by Kimsaprincess Inc. Kimsaprincess Inc is yet to file a response in the court.
TRADEMARK LICENSING UPDATES
Flipkart ties up with Ducati
The Italian automobile manufacturer Ducati Motor Holding S.p.A has signed a licensing agreement with E-commerce site Flipkart, to launch its apparel line in India. The deal provides Flipkart with exclusive licensing rights to manufacture Ducati’s T-shirts, shirts, jeans and its entire apparel line and sell it through its online platform.
DOMAIN NAME DISPUTES
Stone Island Brand owner recovers hundreds of domain names
Sportswear Company, the owner of the Italian premium apparel ‘Stone Island’ recovered hundreds of domain names that were hosting websites selling counterfeit versions of its products. In a UDRP complaint filed by Sportswear Company before the WIPO Arbitration and Mediation Center, it was contended that the domain registrants had no rights or legitimate rights and the domains were identical and strikingly similar to their trademarks. All domain names contained some variation of the trademark ‘Stone Island’ either prefixed with ‘buy’ or suffixed with ‘shop’ or ‘sale’. The domains belonged to various China based registrants. The sole panelist ruled in favor of Sportswear Company finding that the registrants had used the Stone Island trademarks in bad faith in an attempt to induce customers to their own websites
BIP TIP OF THE WEEK
Trade Marks for Cartoon and Film Characters
Entertainment Companies must acquire trade mark registrations for popular characters in their films, cartoons, and other content. Trade Mark protection over a character will help in building brand and financial value, facilitating licensing, merchandizing and franchising, and preventing unauthorized use of the character.
Author: BIP Trade Mark Attorneys
Led by Sanjeeth Hegde, BIP’s Trade Mark Attorneys are among the leading experts in the field. They work with clients such as PEPS, Dharma Productions, Essilor, Samsung and IIT, Bombay, with respect to trade mark filing, prosecution, registration, management, licensing, franchising, merchandizing and strategy.
The weekly trade mark news initiative is a part of their pro bono work, and is aimed at spreading trade mark awareness. You are free to share the news with appropriate attribution and backlink to the source.
If you have any questions, you may write to BIP’s Trade Mark Attorneys – [email protected].