Snapdeal Succeeds in Blocking 50 Infringing Websites, Microsoft Sued for Infringement of Dataflex Mark, Wrogn Joins Hands with Animal Planet for Endangered Animals, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Snapdeal Succeeds in Blocking 50 Infringing Websites
The Delhi High Court recently passed an order directing 50 websites to be blocked for infringing e-commerce website Snapdeal’s trademark. The infringing websites featured the Snapdeal logo in conjunction with offers for lotteries and lucky draws, giving the impression that the offers were authorized by Snapdeal themselves. Snapdeal contented that these websites were not only damaging their goodwill and reputation but were also defrauding consumers by making such false associations. The Delhi High Court therefore ordered these websites to discontinue using the Snapdeal trademark, and also directed their domain registrars to suspend/block the domain names of the infringers.
Citation: Snapdeal Private Limited vs Snapdeallucky – Draws.Org. [CS(COMM)No.264/2020 & I.A.Nos.5848-52/2020]
INTERNATIONAL TRADEMARK UPDATES
Microsoft Sued for Infringement of Dataflex Mark
The US tech company Data Access Corporation has filed a trademark infringement suit in the US District Court for the Southern District of Florida, against tech giant Microsoft, alleging infringement of its “DATAFLEX” trademark. In the suit, Data Access has claimed it is the owner of the trademark and has been using it for the last 40 years for software and business applications. Data Access alleges Microsoft has infringed on its trademark, by launching a similar software product using the same name and logo. The complaint further states that Microsoft did not respond to a cease-and-desist notice issued by Data Access and continues to advertise its products under the “DATAFLEX” name. Data Access is seeking injunctive relief as well as monetary damages in the suit.
Jaguar Land Rover Denied Protection for SUV Design Trademark
Automobile manufacturer Jaguar Land Rover (JLR), recently received an unfavourable decision from a London Court, in its bid to obtain trademark protection over the shape of its ‘Defender’ SUV. The United Kingdom Intellectual Property Office (UKIPO) initially rejected the trademark application by JLR, stating that the ‘Defender’ design was not distinctive enough from the earlier ‘Grenadier’ design belonging to UK based automobile manufacturer Ineos Group. JLR had filed an appeal where the Appellate Court upheld the decision of the UKIPO, stating that although there were differences in the two designs, they were insignificant, and would go unnoticed in the consumers’ eyes.
Apple Opposes a Pear Shaped Logo
Tech giant Apple recently filed a notice of opposition with the US Patent and Trademark Office (USPTO), against a trademark application filed by Super Healthy Kids, the creator of the mobile app ‘Prepear’. This app allows users to find and organize recipes, as well as prepare personalized meal plans, and consists of a green pear-shaped logo with a right-angled leaf. Apple has opposed the registration of the trademark, claiming the logo would be confusingly similar to its half-bitten apple. Apple has also claimed that it has previously created mobile apps in the health and nutrition category, and therefore the usage of the pear-shaped logo might lead consumers to confuse Prepear as a product created by Apple. Super Healthy Kids will now be required to respond to the Notice of Opposition by filing a counter within the stipulated timeline.
BRAND LICENSING UPDATES
nWay Collaborates with WWE for Mobile Game
nWay, a US based developer of multiplayer games, has collaborated with media company World Wrestling Entertainment (WWE) to develop and publish a new mobile game on iOS and Android operating systems. WWW is well know as the creator of the popular professional wrestling conent. nWay is a subsidiary of Animoca Brands Corporation Limited, a US based developer of games and mobile technology.
Wrogn Joins Hands with Animal Planet for Endangered Animals
Universal Sportsbiz’s (USPL) apparel line “Wrong” has partnered with the wildlife television channel Animal Planet to launch a new apparel collection. The collection aims at protecting and creating awareness about endangered animals and will showcase animals such as the Tiger, Sea Turtle, Gorilla, Sumatran Elephant, and the Panda, among others. The deal is brokered by Black White Orange, the licensing partners of Animal Planet. The collection will be available in over 250 counters across retail channels like Shoppers Stop, Central, Pantaloons, WROGN’s exclusive stores, and online through Myntra and Wrogn’s website.
FRANCHISING UPDATES
Sanjivani Pharmacy Eyes Pan India Expansion Through Franchising
Sanjivani Pharmacy, one of the largest pharmacies in India, is all set to expand its business by opening 200 plus stores across India by the end of 2020-2021 through franchising. The pharmacy is planning on expanding mainly in tier 2 and tier 3 cities and provide fast door-to-door service. The company was founded in 2006, started franchising in 2016, and has expanded its network to 18 cities with 70+ franchisee stores in India.
DOMAIN NAME DISPUTE UPDATES
Fuss Over ‘Calculator.com’ Domain
In a recent decision, the owner of the domain name www.calculator.com, Chloe Tsakiris Alston (“Plaintiff”), obtained a Temporary Restraining Order (“TRO”), to prevent another website operator, Stands4 LTD, from using her domain. The suit was filed when Alston discovered that she had lost control over the www.calculator.com website. Stands4 LTD, who had gained control over the domain name, claimed to have purchased it from an authorised search engine ‘Sedo’. Alston has alleged that a possible thief gained ownership of the domain by providing false identification, and then sold the same for a profit. The suit was filed before a Florida District Court, which had transferred control of the website back to Alston, until the case is decided.
GEOGRAPHICAL INDICATION UPDATES
Uttarakhand Jyan Salt Tea Loses GI Battle
In an order dated 14th July 2020, the Geographical Indication (GI) Registry, Chennai refused to grant the GI tag to Uttarakhand Jyan Salt Tea. Upon the receipt of the application in May 2019, the Registrar of GI proposed to convene a consultative group meeting consisting of experts to verify the contents of the application. The meeting was held and the expert committee after deliberations and verifications of documents made their recommendation that the indication is a newly coined terminology and no historical reputation was established by the Applicant and therefore does not qualify to obtain the tag. The Applicant was further granted an opportunity to justify the application via hearing. However, the Applicant was not able to prove the historical data and origin of the product. The application was filed by Hinwal Nidhi Swayat Sahkarita and Neo Integrated Development of Himalaya Society.
Authored and compiled by Uma T.S, Shreya Chaddha & Varun GK
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