Weekly Trademark News: Raymond Defeats its Infringer, Amazon Sued by a Horse Racing Commentator, Penfolds Stops Counterfeit Wine, Goan Coconut Vinegar Filed for GI and Other News
Indian Trademark Statistics for May (First Week), Penfolds Stops Counterfeit Wine, Celebrity Styled Collection in Myntra & Jabong, New Kick for Ronaldo, Goan Coconut Vinegar Filed for GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Define what your brand stands for, its core values and tons of voice, and then communicate consistently in those terms” –Simon Mainwaring
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office has increased its pace in the previous week. The total number of applications published in the trademark journal has increased by seventy one percent (71%). Similarly, the total number of registrations granted has increased by thirty four percent (34%). However, the total number of applications disposed through show cause hearing has decreased by twenty eight percent (28%).
Weekly Indian Trademark Statistics
|Last Week||This Week||Change in %|
Total Trademark Applications Examined by Trademark Office
|4399||4525||An increase of 3%|
|Total Applications Disposed through Show Cause Hearings||5740||4121|
A decrease of 28%
|Total Applications Published in the Trademark Journal||3817||6530|
An increase of 71%
Total Registrations Granted
|6331||8481||An increase of 34%|
|Total Hearing Notices Issued||9009||9680|
An increase of 7%
Total Renewals Notices Issued
A decrease of 25%
Trademark Statistics by Office
Total Number of New Applications Received from May 1st, 2019 to May 8th, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to May 8th, 2019
- Total Number of Trademark Applications Filed – 121107
- Total Number of Trademark Applications Examined – 51734
- Total Number of Trademark Applications Published – 112905
- Total Number of Trademark Applications Registered – 98933
INDIAN TRADEMARK UPDATES
Raymond Defeats its Trademark Infringer
The leading textile and garment company, Raymond Limited filed a suit seeking an injunction to stop Radhika Export from infringing and passing off Raymond’s registered trademarks, RAYMOND, as well as the tagline, THE COMPLETE MAN which was adopted more than 90 years ago. In December, 2018 Raymond Limited came across Radhika Export’s use of RAYMOND for an apparel shop. The mark adopted by Radhika Export was written in an identical style and manner as RAYMOND’S mark. Radhika Export defended that they had taken over the authorized dealership of Raymond. The Bombay High Court observed that Raymond Limited is the registered trademark proprietor of the aforementioned marks and has acquired immense goodwill and reputation. Additionally, the Court noted that Radhika Export were neither an authorized dealer nor the authorized distributor of RAYMOND. The Court, therefore, passed an injunction against Radhika Export.
INTERNATIONAL TRADEMARK UPDATES
Penfolds Stops Counterfeit Wine
Imitation may be the best form of flattery, but that certainly isn’t the case with trademarks as it is infringement. In a win for Penfold, the oldest winery in Australia, a Melbourne Federal Court has ordered Rush Rich Winery, an Australia winery, to stop the production of wine with any mark/label which is “substantially identical with or deceptively similar to” Penfold’s Chinese brand ‘Ben Fu’. Rush Rich Winery had been selling wine in China under Penfolds brand without permission. Rush Rich has been ordered to pay a compensation of nearly $400,000 to Treasury Wine Estates (TWE), the owner of Penfolds. Earlier this week, Penfold had scored a victory in the Chinese court as well, where Rush Rich was ordered to pay a compensation of $426,000 for selling counterfeit products.
Amazon Sued by a Horse Racing Commentator
Dave Johnson, an American horse racing commentator, has filed a trademark infringement suit against e-commerce giant Amazon for using the catchphrase “…and down the stretch they come!”. The catchphrase is a registered trademark of the commentator and was popularized by him during the calls of horse races in the 1960’s. Mr. Johnson has accused Amazon of selling t-shirts with a picture of a jockey on a horse, along with the phrase “Down the Stretch they come! without his permission. According to Dave, the goods are of poor quality, tacky, and overpriced. Johnson has claimed injunctive relief along with an order to recall and destroy all infringing products.
BRAND LICENSING UPDATES
Celebrity Styled Collection in Myntra & Jabong
Label Corp, which runs the signature lifestyle brand ‘The Label Life’, has partnered with e-commerce players like Myntra, Jabong and Namshi to sell its merchandise on their online marketplace. This partnership will make their celebrity styled collections reach a wider customer base. Label Corp is curated by Bollywood celebrities, Sussanne Khan, Malaika Arora and Bipasha Basu. Label Corp has earlier collaborated with brands like Grazia India, Ola Cabs, Magnum Ice Cream, Amazon India and Caratlane.com, among many others.
New Kick for Ronaldo
Adding to the whirlpool of the ongoing superhero frenzy, Cristiano Ronaldo, one of the biggest football athletes has recently released a comic book named “Striker Force 7”. The comic is created by Ronaldo along with Sharad Devarajan of Graphic India, and is based on the animated series of the same name which is currently under production. The book was released as a part of the “Free Comic Book Day” which took place on 4th of May.
GEOGRAPHICAL INDICATION UPDATES
Goan Coconut Vinegar Filed for GI
Coconut vinegar made by fermenting toddy is a type of vinegar widely used by Goans in their traditional style of cooking. Coconut vinegar is said to be 100% chemical free with no artificial additives or preservatives, and is a natural probiotic due to its fermentation and aging. Coconut vinegar is considered to be healthy as coconut trees grow in rich volcanic soil, contributing to the sap’s high mineral content. The production of this vinegar dates back to 1883. The application was filed by The Department of Science & Technology (DST), Government of Goa last week.
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]