Weekly Trademark News: Purple for Prince?, Delhi High Court Judgment against E-commerce Intermediary, Thugs of Hindostan in Google Maps and other news
Indian Trademark Statistics for November (First Week) 2018, ByteDance sued for Helo, P&G Loses Trademark Battle, Sangli chi Halad Obtains GI Acceptance and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A brand is not just a logo, it’s the overall impression and experience you give to your audience and customers. Your brand expresses the value you provide. It’s you!” – Amy Locurto
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office has been slow in the last week due to the festival season. The total number of the applications disposed through show cause hearings has decreased by thirty four percent (34%). Similarly, the total number of hearing notices issued has decreased by thirty nine percent (39%). However, the total renewals notices issued has increased by sixty nine percent (69%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8982||8245||A decrease of 8%|
|Total Applications Disposed through Show Cause Hearings||6943||4563||A decrease of 34%|
|Total Applications Published in the Trademark Journal||6978||8631||An increase of 24%|
|Total Registrations Granted||5331||4822||A decrease of 10%|
|Total Hearing Notices Issued||5298||7378||An increase of 39%|
|Total Renewals Notices Issued||1537||482||A decrease of 69%|
Trademark Statistics by Office
Total Number of New Applications Received from October 31st to November 7th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to November 7th, 2018
- Total Number of Trademark Applications Filed – 264636
- Total Number of Trademark Applications Examined – 125625
- Total Number of Trademark Applications Published – 126359
- Total Number of Trademark Applications Registered – 279201
INTERESTING BRAND NEWS
Purple for Prince?
Paisley Park Enterprises Inc., the foundation of the late singer Prince has filed a trademark application for a specific shade of purple that relates to his brand. Known as the Love Symbol #2, the colour has been associated with the late singer after the release of his hit single ‘Purple Rain’. If granted registration, the foundation can prohibit the use of that shade of purple by any other.
INDIAN TRADEMARK UPDATES
Delhi High Court Judgment Against Darveys.com
The Delhi High Court has directed Darveys.com, a Delhi based e-commerce company, to ensure that the items sold on their website are not fake. Christian Louboutin, the luxury shoe brand, had filed a trademark infringement suit against Darveys alleging they were selling counterfeit products bearing the former’s brand name. Darveys defended the case stating that they were not selling the goods directly but were merely an intermediary. The Delhi High Court observed that if an intermediary fails to take the measures necessary to authenticate products being sold on its site in the form of assurances from the sellers and the seller’s ability to pass on the brands’ warranties and guarantees to the buyer, the intermediary themselves could be held to be conspiring, aiding and abetting the seller to sell counterfeits. Further, if the seller is not located in India, an additional responsibility has been placed on the intermediary to contact the brand and acquire their concurrence to sell the products on its site.
This judgment will be a benchmark for e-commerce intermediaries moving ahead as it places a higher degree of responsibility on them to authenticate genuineness of products as well as coordinating the same with buyers and seller.
INTERNATIONAL TRADEMARK UPDATES
Burberry and Target End an Impending Trademark War
British luxury brand Burberry has dropped a suit against the US based department store retailer Target by reportedly making an out of the court settlement in the Southern District of New York. Burberry had filed a suit against Target for selling unauthorized products bearing its unique check “plaid” trademarks. The British brand had earlier sent cease and desist notices against the unauthorized sale of products, which included eyewear, stainless steel bottles, luggage and scarves, which were rejected by Target.
ByteDance Sued for Helo
Chinese app company ByteDance has changed the design as well as the description of its application Helo on Google’s AdWord platform after ShareChat filed a suit against them. The Delhi High Court, in an order passed on 30th October has ordered the Chinese company to cease from using the term ‘Share & Chat’ as an ad word on Google. ShareChat has filed a suit against the Chinese company for design and copyright infringement, as well as indulging in unfair competition. ByteDance, a heavily venture funded company, has been using the term ‘Share & Chat’ in order to promote its ranking on Google.
P&G Loses Trademark Battle
Procter & Gamble Company (P&G), have lost a trademark dispute over the claim that Solav’s skincare trademark logo is confusingly similar to their skincare ‘OLAY’ trademark. Nelovy Healthcare Ltd. had applied for the trademark of ‘an artistic rendering of a woman’s face’ under the brand name Solav with the UK IPO, and this was opposed by P&G. The allegations were rejected by the UK IPO officer, stating that the marks needs to be seen through the eyes of an average consumer and these consumers are not likely to confuse between the two marks.
TRADEMARK BRAND LICENSING UPDATES
Thugs of Hindostan in Google Maps Now
Google Maps and the Indian production house, Yash Raj Films, have joined hands to bring some fun to Google Map users. Amir Khan’s character “Firangi” from the film Thugs of Hindostan will be a constant companion for commuters for the next two weeks. The navigation arrow in the maps will be replaced by Firangi riding his pet donkey. There also will be exclusive voice commands during the navigation.
GEOGRAPHICAL INDICATION UPDATES
Sangli chi Halad Obtains GI Acceptance
Turmeric from Sangli and other adjoining parts of the district in Maharashtra receives Geographical Indication (GI) acceptance. Turmeric from Sangli is said to have great medicinal value and accounts for seventy percent of the state’s total production. The GI Application filed in 2014 is advertised in the journal by the Geographical Indication Registry.
BANANAIP TIP OF THE WEEK
A trademark can be opposed from being granted registration if an existing trademark holder can establish that it would cause confusion among consumers as to the proper source of products or services.
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]