Weekly Trademark News: Iron Maiden Trademark Suit, Rick and Morty Extensive Merchandize Line, Global Hotel Chain Enters Trademark Settlement, Himachali Kala Zeera Gets GI Tag and Other News
Indian Trademark Statistics for June (First Week), Bangarang Collaborates with Muhammad Ali Brand, Accor Hotels Enter Trademark Settlement, Counterfeit Brand Loses Registered Trademarks in China and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“eCommerce portals are flooded with counterfeits, and if Marketplaces respond appropriately to even half the genuine take down notices, online trademark counterfeiting can be brought down significantly.” – Dr. Kalyan C. Kankanala, BananaIP Counsels.
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office has had a mixed week in terms of productivity. The total number of applications examined by trademark office has decreased by thirteen percent (13%). Similarly, the total number of registrations granted has decreased by thirty percent (30%). However, there has been an increase of thirteen percent (13%) in the number of applications published in the trademark journal.
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||9782||8540||A decrease of 13%|
|Total Applications Disposed through Show Cause Hearings||4874||3808||A decrease of 22%|
|Total Applications Published in the Trademark Journal||6595||7443||An increase of 13%|
|Total Registrations Granted||8778||6156||A decrease of 30%|
|Total Hearing Notices Issued||15381||10737||A decrease of 30%|
|Total Renewals Notices Issued||2504||2584||An increase of 3%|
Trademark Statistics by Office
Total Number of New Applications Received from May 29th, 2019 to June 5th, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to June 5th, 2019
- Total Number of Trademark Applications Filed – 147362
- Total Number of Trademark Applications Examined – 64333
- Total Number of Trademark Applications Published – 119733
- Total Number of Trademark Applications Registered – 125711
INDIAN TRADEMARK UPDATES
Global Hotel Chain Enters Trademark Settlement
Accor France, a global hotel chain along with its subsidiary AAPC Indian Hotel Management filed a suit before the Delhi High Court seeking permanent injunction against Ajay Gupta for using the marks ‘ACCOR & ACCOR INN’. Accor France claims to be the registered user of the marks “ACCOR & ACCOR HOTELS”. Ajay Gupta was found to be running a hotel in the name of ACCOR INN along with an identical logo. In furtherance to Accor France issuing repeated legal notices to Ajay Gupta notifying him of their trademark rights, the latter responded to the notices stating that he has changed the hotel trading name to ACCORD INN. Accor France stated in the suit that both ACCOR INN and ACCORD INN are deceptively similar, and also the use of the domains www.accorinn.com and www.accordinn.com are unlawful considering travelers mostly use online platforms for making bookings, and such usage leads to consumer confusion.
During the course of the hearing, the parties agreed to settle their dispute. As per their settlement provisions, Ajay Gupta will stop using the names ACCOR INN and ACCORD INN and also surrender both the domain names along with damages of INR 5 Lakh to Accor France. The Court, thereafter issued a permanent injunction in favor of Accor France.
INTERNATIONAL TRADEMARK UPDATES
Counterfeit Brand Loses Registered Trademarks in China
Supreme Italia, a fashion brand, owned by International Brand Firm (IBF) based out of England, has lost two of its registered trademarks for ‘ITSupremeNow’ in China. The China Trademark Office (CTMO) has removed the trademarks after an opposition was filed against the marks by Supreme, a US based clothing and accessories brand, after it found out Supreme Italia has been copying their logo, and also selling fake knockoff products in China. Supreme US has sought help from the Chinese government to revoke the trademarks from the Chinese Trademark Registry as the counterfeit products being sold were defrauding the Chinese customers into believing that the products were originating from the original US brand.
Iron Maiden Sues Game Developer Over Trademark Infringement
Iron Maiden, an English heavy metal band, has filed a trademark infringement suit against 3D Realms, an American video game company, and is claiming damages to the tune of $2 million. The band has claimed in the suit that 3D Realms is using a confusingly identical mark ‘Ion Maiden’ for its video game, which is a blatant copy of their band, and which may confuse consumers into believing that the video game is associated with the music band. In addition to the use of the name, Iron Maiden is also demanding 3D Realms cease from merchandizing under the name, and also relinquishing the ownership of the website ionmaiden.com.
BRAND LICENSING UPDATES
Bangarang collaborates with Muhammad Ali brand
Bangarang, a martial arts based clothing and lifestyle brand operating from the US, has entered into the boxing arena by collaborating with boxing legend Muhammad Ali’s estate. Bangarang, along with its in-house brand Superare, have signed a licensing agreement with the Muhammad Ali brand, to bring out an apparel collection inspired from the life of the former heavy weight champion. The product line will consist of t-shirts, tank tops, hats and hoodies. The collection will include either quotes or candid photos of the boxer on the products.
Rick and Morty Extensive Merchandize Line
With the excitement of the upcoming Season 4 of Rick and Morty’s this November, Cartoon Network Enterprises (CNE) has announced wide ranging licensing and merchandising collaborations for the year. Ricky and Morty is an animated fiction sitcom on Adult Swim, a night-time programming block of CNE. The expansive categories of merchandize ranging over 500 consumer products will include apparel, accessories, bicycles, toys, games, home décor, and more.
GEOGRAPHICAL INDICATION UPDATES
Himachali Kala Zeera Obtains GI Tag
The Geographical Indication Registry of India recently granted the GI tag to the ‘Himachali Kala Zeera’ (black cumin seeds), a traditional agricultural product native to the Kinnaur district of Himachal Pradesh. This prized herb is known for its medicinal properties among various other usage. The Kala Zeera is considered superior to all the available varieties in the market with its unique aroma and chemical composition. The application was filed by Kalazeera Utpadan Sangh in 2013.
Author: BIP Trademark Attorneys
Led by Sanjeeth Hegde, BIP’s Trademark Attorneys are among the leading experts in the field. They work on trademark filing, prosecution, management, licensing, franchising, merchandizing, litigation, and strategy for clients such as PEPS, Yash Raj Films, Dharma Productions, Essilor, Samsung and the IITs.
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]