Indian Trademark Statistics for February (Third Week), Trademark Settlement between Breweries, Walmart and Its Happy Face, Keeping Up with Kardashian’s Trademark, Kashmir Saffron Filed for GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A brand is a voice and a product is a souvenir.” – Lisa Gansky
INTERESTING BRAND NEWS
Walmart’s Happy Face
Though the smiley face has been around since the 1970s, this didn’t stop the world’s largest retail major Walmart from applying for a trademark for their yellow smiley face in 2006. However, Walmart was not successful in receiving a registration for the same.
INDIAN TRADEMARK UPDATES
Monte Carlo and Skoda Reach Trademark Settlement
Monte Carlo Fashions, an apparel retailer and garment manufacturer based out of India has entered into a trademark settlement agreement with the automobile major Skoda Auto allowing the latter to use the trademark ‘Monte Carlo’ for its cars. After Skoda launched the ‘Monte Carlo’ edition of its Rapid sedan in August 2017, Monte Carlo Fashions had filed a trademark infringement suit before the High Court of New Delhi. However, both the parties decided to settle the issue amicably and Skoda acquired a license to use the trademark ‘Monte Carlo’ for its cars, spare parts and car accessories.
INTERNATIONAL TRADEMARK UPDATES
Keeping Up With Kardashian’s Names
The Kardashians are in a frenzy to trademark their kids’ names. The Kardashian sisters, Kim, Khloe as well as Kylie have filed a number of applications with the USPTO to trademark the names of their children. Saint, North, Chicago West, children of Kim Kardashian and Kanye West, True Thompson, Khloe Kardashian’s daughter as well as Stormi Webster, Kylie Jenner’s daughter, have been filed as trademarks. The filings are in numerous classes covering accessories and toys, entertainment, clothing as well as non-medicated skin care preparations. The new trademarks if granted, will surely help the children follow the footsteps of their famous parents.
Breweries Say Cheers and Settle
Three Daughters Brewing (3DB), a brewery based in Florida, USA, has reached a settlement with Saugatuck Brewing Co., a West Michigan based brewery for alleged trademark infringement. 3DB had filed a trademark infringement suit against Saugatuck, claiming that the packaging of the crafted beer Oval Beach Blonde Ale sold by them was confusingly similar to Three Daughters Brewing’s Beach Blonde Ale. 3DB had claimed $75,000 in damages and had sought a permanent injunction based on the similarity in the design and packaging of the beer bottles. However, the matter has been settled amicably between the two breweries. Saugatuck has been given the option to redo the packaging of the beer bottles without changing the name of the beer.
BRAND LICENSING UPDATES
Ironman Triathlon Licensing in India
LicenseWorks, a strategic brand licensing agency in India has partnered with IRONMAN Triathlon (the ultra-marathon event), a Wanda Sports Holding company, to extend the Ironman, Iron Girl, and Iron Kids brands in India across all categories like apparel, footwear, fitness equipment and healthy food alternatives. IRONMAN Triathlon is one of the top global licensors and its most notable partnership has been the successful launch of the Timex IRONMAN watch in 1986.
GEOGRAPHICAL INDICATION UPDATES
Kashmir Saffron GI
Saffron, one of the prized and costliest spices in the world is predominantly cultivated in the State of Jammu and Kashmir. Kashmir’s saffron is known for its intrinsic characters primarily because of its strong colors and flavor. Saffron finds use in the perfumery and cosmetic industries, besides being the most sought after additive in the foods industry. The application was filed by The Agriculture Production Department, Jammu and Kashmir in December, 2018.
BANANAIP TIP OF THE WEEK
One does not need a trademark registration to oppose the trademark of another. As long as a trademark is in continuous use, the application of another for a same or similar mark, can be opposed as it will cause consumer confusion if granted.
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]