India Licensing Expo 2018, Goan Coconut Feni GI, TATA Trademark, and Domain Name Infringement, and other news
Indian Trademark Statistics for August (Fourth Week) 2018, Ferrari Sued for Infringement, Jurassic World Lego Collection, Goan Coconut Feni GI and more” brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Brand is just a perception, and perception will match reality over time. Sometimes it will be ahead, other times it will be behind. But brand is simply a collective impression some have about a product.” –Elon Musk
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office have had a mixed week. The total number of applications examined by the trademark office has tremendously increased by two hundred and forty-two percent (242%). Similarly, the total registrations granted has increased by forty-four percent (44%). However, the number of hearing notices issued has decreased by fifty-four percent (54%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||2048||6994||An increase of 242%|
|Total Applications Disposed through Show Cause Hearings||6558||5799||A decrease of 12%|
|Total Applications Published in the Trademark Journal||6155||8360||An increase of 36%|
|Total Registrations Granted||7737||11138||An increase of 44%|
|Total Hearing Notices Issued||12967||5945||A decrease of 54%|
|Total Renewals Notices Issued||2031||966||A decrease of 52%|
Trademark Statistics by Office
Total Number of New Applications Received from August 16th to August 22nd, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to August 22nd, 2018
- Total Number of Trademark Applications Filed – 196882
- Total Number of Trademark Applications Examined – 94023
- Total Number of Trademark Applications Published – 117242
- Total Number of Trademark Applications Registered – 225655
Samsung Files 8K, QLED 8K Trademarks
Samsung, the South Korean electronics giant has filed new trademark applications for the logo ‘8K’ and ‘QLED 8K’ with the US trademark office. The marks have been filed by the Samsung’s sister concern Samsung Electronics under class 9, with the description ‘Televisions; Digital signage, Monitors for large format displays, Television sets’. It is interesting to note that the applications have been filed with a priority date of 3rd August 2018, as an international application with the base country being UK.
INDIAN TRADEMARK UPDATES
Tata Financial Service Infringement & Passing-off
Tata Sons Ltd had filed a suit against Krishna Kumar & Ors for trademark and domain name infringement with respect to the use of the mark Tata Finserve Pvt Ltd and the impugned domain www.tatafinserve.com. TATA which is India’s oldest and largest conglomerate also provides for financial services under the domain names www.tatacapitalfinancialservices.com and www.tatacapital.com. It is also stated in the suit that the website hosted on the impugned domain name bears a striking resemblance to TATA’s websites in terms of layout, prominent color scheme and manner of depiction of services/products offered. The Court passed an ex-parte order restraining Krishna Kumar & Ors from using any similar marks and also ordered the domain name to be transferred to TATA. Further, since TATA suffered immense loss to goodwill and reputation, the Court also ordered Krishna Kumar to pay pecuniary damages of a sum of INR 10 Lacs.
INTERNATIONAL TRADEMARK UPDATES
Ferrari Sued for Infringement
Ferrari N.V., the luxury Italian car manufacturer is in legal trouble over trademark infringement. Chad McQueen, son of legendary American actor Steve McQueen, has filed an infringement suit claiming that the Italian car manufacturer is using his father’s image for the car without authorization. The suit claims that Ferrari has been selling special edition cars under the name ‘The McQueen’, which are priced at a higher range than the other Ferrari cars. Chad McQueen has filed for trademark infringement, false endorsement and misappropriation of the right of publicity claiming $1 million in compensatory damages, and $2 million in statutory damages per registered trademark.
Bob Dylan in Legal Trouble
Heaven’s Door Spirit, an American spirit manufacturer, co-owned by the famous singer Dob Dylan is hit with a trademark infringement suit. Heaven Hill Distillery, an American company has filed the suit against Heaven’s Door Spirit, claiming the logo used by Dylan’s Heaven’s Door to be confusingly similar to theirs. The suit has been filed in the U.S. District Court in Louisville but a cease and desist notice has already been sent to Heaven’s Door prior to the suit filing. However, Heaven’s Door refused all the claims made by Heaven Hill and stated that they ‘did not believe a likelihood of confusion would result, and advised they did not intend to change the infringing mark or otherwise comply with the demands’.
TRADEMARK LICENSING UPDATES
India Licensing Expo 2018 in Mumbai
India Licensing Expo 2018, second edition of the Country’s largest brand licensing platform is all set to commence on 23rd August in Mumbai. It is a two-day event organized by License India to explore exhibited licensing opportunities in multiple product categories. For more details you may visit https://www.licenseindia.com/expo/
Block by Block Lego Jurassic World Collection
The Lego Group, the well famed toy company has partnered with Universal Brand Development in launching the Jurassic World collection in India. The collection spanning every Lego age category offers 13 construction, new animated content, soft toys, collectibles and a lifestyle collection. The collections will be available at all leading stores and e-commerce portals in India.
GEOGRAPHICAL INDICATION UPDATES
Cheers to Goan Coconut Feni GI
Goan Coconut Feni, a popular country liquor has been applied for GI status on 28th May, 2018 bearing application number 615. The Feni which was named after the state of Goa, is well known for its unique distinct smell, taste and traditional medicinal properties. This alcoholic beverage is made by distilling fermented toddy of the coconut palm. The application has been filed by the Department of Science and Technology, Government of Goa, in association with The All Goa Toddy Tappers Association
BANANAIP TIP OF THE WEEK
Franchising a restaurant chain or merchandizing of super hero characters by a toy company are all forms of trademark licensing. The cost of the license varies based on exclusive or non-exclusive access being given.
Author: BIP Trademark Attorneys
Led by Sanjeeth Hegde, BIP’s Trademark Attorneys are among the leading experts in the field. They work with clients such as PEPS, Dharma Productions, Essilor, Samsung and the IITs with respect to trademark filing, prosecution, registration, management, licensing, franchising, merchandizing and strategy.
The weekly trademark news initiative is a part of their pro bono work and is aimed at spreading trademark 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 Trademark Attorneys at [email protected]