This week’s trademark updates are as follows –
Delhi HC grants interlocutory injunctive reliefs for infringing the trademark of Radio Mirchi
Radio Mirchi, the plaintiff claimed to be the registered owner of the device mark “Mirchi” under the brand name “Sunday Suspense” on various webpage/web link/application/intermediary platform. The defendants, Tuneincom and others, were alleged to have engaged in unauthorized and illegal broadcasting, transmission and communication of the plaintiff’s copyrighted audio content. It was observed as a prima facie case of infringement. The Delhi HC stated that plaintiff would be entitled to interlocutory injunctive reliefs and allow the plaint to be registered as a suit.
‘K2′ mark on Powerboats, trademark battle case partially dismissed
K2 Powerboats, an Alabama-based powerboat manufacturer, partially escaped a trademark battle with a competitor, K2 Marine Inc., over the use of the mark “K2″ for selling powerboats in the Southeast.
The US District Judge dismissed K2 Marine’s trademark infringement claim against K2 Powerboats but allowed the Alabama state-law trademark dilution claim to remain.
Scotch & Soda has a new footwear licensee
Scotch & Soda, a Dutch fashion retail company, following the termination of the trademark license agreement with HS Footwear GmbH (part of Germany-based Hamm Group), the brand’s previous licensing partner since 2018, has agreed to Bos Group International taking over the Scotch & Soda footwear licensing operations. The licensing company will develop and distribute Scotch & Soda’s footwear collections for the spring/summer and fall/winter seasons each contract year. Bos will execute the wholesale deliveries for Scotch & Soda’s Spring/Summer 2023 collections and will carry on the development and sell-in for Fall/Winter 2023
Classic Legends Pvt. Ltd restrained from using the ‘Yezdi’ trademark
Until 1996, Ideal Jawa used to sell the Yezdi motorcycles in India and the company wound up on 17.08.2001 and an official liquidator was appointed to take over the Company and oversee the winding up process. Mr. Boman Irani, co-founder of Classic Legends, during the period of 2013-14 filed applications for registration of certain marks both word and device of “Yezdi” before the TM Offices at Delhi, Mumbai and Ahmedabad, which came to be allowed. The ‘Yezdi’ brand was later revived by Classic Legends, also a subsidiary of Mahindra & Mahindra. The Karnataka High Court ruled that the ‘Yezdi’ trademark is owned by Ideal Jawa (India) Ltd., which is under liquidation and therefore the trademarks of the company remain in custodia legis of the court.
The High Court has restrained Classic Legends Pvt. Ltd. and its co-founder from using the ‘Yezdi’ trademark or any other brand name containing the word ‘Yezdi’.
The court also stated that all trademark registration certificates issued by the Registrar of Trademarks, Mumbai, Delhi and Ahmedabad in favour of Classic Legends and co-founder Boman Irani will be null and void. The court also imposed a fine of Rs. Ten lakh on both parties. Further, the Trademark Registration Authority has been directed to transfer all such registrations to Ideal Jawa.
Govt pushing for GI-tagging of ‘Kashmir Tweed’
After saffron, the administration in Kashmir is pushing for getting the famed ‘Kashmir Tweed’ labelled with Geographical Indication tag. In this regard the said application has been prepared and the same is being sent to the GI registrar office located at Chennai for acceptance.
A senior officer in Handicrafts and Handlooms Kashmir on 29th December 2022 took stock of the working of the wool cluster setup under the World Bank funded Jehlum Tawi Flood Recovery Project. The Director assured the artisans that necessary steps will be undertaken so that the said facility is established at the earliest. To create a brand of the Kashmir Tweed, Dir Informed that the department is making efforts to register the craft under the Geographic Indications Act of India.
Authored by Lavanya Anand (Associate, BananaIP Counsels) and Muhammad Mohyddin Muhammad (Intern).
This post is brought to you by BananaIP Counsels’ Trademarks and Copyright Attorneys
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This Weekly Trademark Updates Bulletin is brought to you by the Trademarks and Copyright Division of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BananaIP Counsels’ trademark and copyright attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Weekly Trademark Update.
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