Weekly Trademark News: Mickey Mouse Meets Crocodile, Morgan Stanley Tussle, West Bengal‘s Rosogolla Day and other news
Indian Trademark Statistics for November (Second Week) 2018, Big Win for Nintendo, Shoppers Stop Stops Infringement, West Bengal to Celebrate ‘Rosogolla Day’ and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Every advertisement should be thought of as a contribution to the complex symbol which is the brand image” – David Ogilvy
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office has been slow in the last week due. The total number of the applications disposed through show cause hearings has decreased by thirty one percent (31%). Similarly, the total number of applications examined by the Trademark Office has decreased by twenty nine percent (29%). However, the total renewals notices issued has increased by seven percent (7%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8245||5895||A decrease of 29%|
|Total Applications Disposed through Show Cause Hearings||4563||3132||A decrease of 31%|
|Total Applications Published in the Trademark Journal||8631||8922||An increase of 3%|
|Total Registrations Granted||4822||4741||A decrease of 2%|
|Total Hearing Notices Issued||7378||6221||An decrease of 16%|
|Total Renewals Notices Issued||482||515||An increase of 7%|
Trademark Statistics by Office
Total Number of New Applications Received from November 7th to November 14th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to November 14th, 2018
- Total Number of Trademark Applications Filed – 267535
- Total Number of Trademark Applications Examined – 127645
- Total Number of Trademark Applications Published – 129338
- Total Number of Trademark Applications Registered – 283078
INTERESTING BRAND NEWS
Ivanka Trump’s Chinese Trademarks
China has granted as many as 18 trademark applications to companies registered under the name of US President Donald Trump and Ivanka Trump Marks LLC, bringing the total number of trademark applications to 34 this year. The marks have been filed for Ivanka’s fashion gear which includes sunglasses, handbags, shoes, jewels as well as voting machines.
INDIAN TRADEMARK UPDATES
Shoppers Stop Stops Infringement
Shoppers Stop, an Indian department store chain, filed for a permanent injunction to restrain Softobell Inc., an apparel manufacturer, from using the brand name VETTERN FRATTINI in the apparel business claiming it to be identical or deceptively similar to their registered mark VETTORIO FRATINI. Shoppers Stop established in 1991, is engaged in the marketing of various consumer and household goods including cosmetics, textiles, readymade garments, footwear, etc. VETTORIO FRATINI is one of the leading fashion brands of Shoppers Stop for men’s apparels and accessories. Legal notices were sent to Softobell and did not receive any response. The Court opined that it is prima facie clear that the mark adopted by Softobell is phonetically and visually similar to that of the Shopper Stop. The Court therefore passed an ex-parte order issuing a decree in favor of Shoppers Stop.
INTERNATIONAL TRADEMARK UPDATES
Morgan Stanley Defends its Mark
Morgan Stanley, the Wall Street giant known for providing investment banking and financial services, has filed a suit against an entity operating by an identical name “Morgan Stanley Capital LLC”. The suit has been filed in Delaware Chancery Court by Morgan Stanley accusing Morgan Stanley Capital LLC of using its trademark as well as the trade name without proper authorization.
Big Win for Nintendo
$12 million may not be a big amount for Nintendo, the Japanese video game major, however, it has proved to be too much for a US couple. Nintendo has reached a settlement with Jacob Mathias and his wife Cristian Mathias, owners of Mathias Designs as well as two websites that they operated, www.loveroms.com and www.loveretro.com, in a suit for trademark and copyright infringement. Nintendo has earlier filed a suit against the couple for “reproducing, distributing, and displaying a “staggering number” of unauthorized copies of Nintendo’s video games on their platforms as well as using the video game company’s registered trademark”. The Court has granted $150,000 for each case of copyright infringement, $2 million for each instance of trademark infringement, and a permanent injunction against the accused.
TRADEMARK BRAND LICENSING UPDATES
Mickey Meets the Crocodile
Commemorating the 90th anniversary of Mickey Mouse along with the 85th year of Lacoste, a brand well recognized for its crocodile logo, a new collaborative collection of clothing is due to be launched. Walt Disney Co., the rights holders of Micky Mouse, have partnered with Lacoste for launching a new collection of apparel and accessories including sneakers, leather goods, tee-shirts, sweatshirts and accessories.
GEOGRAPHICAL INDICATION UPDATES
West Bengal to Observe ‘Rosogolla Day”
To celebrate the first anniversary of the West Bengal’s Rosogolla GI registration, the state’s government has decided to celebrate November 14th as ‘Rosogolla Day’. Different varieties of Rosogollas would be exhibited at the ‘Mishti Hub’ stalls set up in the Eco Park managed by the West Bengal Housing Infrastructure Development Corporation. The stall opened in July this year where various renowned sweet makers come under one roof to sell the famous spongy Rosogollas.
BANANAIP TIP OF THE WEEK
Trademark rights are country specific and as such it will be necessary for you to apply in each country that you seek protection for your brand.
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]