Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to trademarks. We have decided to recapitulate the trademark news which have recently hit the headlines with our new segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update.
Supreme Court to decide soon on a two decade old trademark dispute
On September 30th, 2016 the Supreme Court of India agreed to hear…
Intellectual Property lawyers around the globe have started discussing the implications of Brexit after the British Prime Minister, Theresa May recently revealed that Article 50 of the Treaty of Lisbon will be triggered by the end of March, 2017. The referendum by which the British voters opted to leave the European Union does not automatically propel Britain's exit. Brexit negotiation process can only begin when Article 50 of the Treaty of Lisbon is formally triggered by the United Kingdom. The…
Dr. Kalyan C. Kankanala, Chief IP Attorney, Senior Partner, BananaIP Counsels has delivered a lecture in a One Day Awareness Programme on "Intellectual Property Rights for MSME’s Researchers and Academicians" on 23.09.2016. This workshop was organized by Centre for Intellectual Property Rights and Advocacy (CIPRA), National Law School of India University, Bangalore and Ministry of Micro, Small and Medium Enterprises (MSME) in association with The Confederation of Indian Industry (CII), Mysore & NIE Institute of Technology (NIEIT), Mysore.
Micro, Small…
The CJEU recently delivered a judgement we all had been waiting for, GS Media v Sanoma Media Netherlands and Others (C-160/15). Just to jog your memory here are the facts of the case:
The publisher of Playboy Sanoma had commissioned a photo shoot of the model/TV presenter Britt Dekker. The unpublished photos from the photo shoot were made available by GS Media on its website GeenStijl, without any authorization from the copyright holder. Sanoma filed a copyright infringement suit against…
The much awaited decision of the Delhi High Court in The Chancellor, Masters & Scholars Of The University Of Oxford & Ors.versus Rameshwari Photocopy Services & Anr has been delivered yesterday.
Case Citation
The Chancellor, Masters & Scholars Of The University Of Oxford & Ors. v. Rameshwari Photocopy Services & Anr. CS(OS) No.2439/2012
Date of decision: 16th September, 2016.
Deductions
Some quick deductions from a first reading of the decision are provided hereunder for the reader's reference.
In this case,…
The Delhi High Court has recently restrained an Indian firm, M/s Apricot Foods Pvt. Ltd (AFPL) from using the trademark 'Yahoo' in relation to any of its products. It is a well known fact that the trademark 'Yahoo' is owned by the technology giant, Yahoo Inc., headquartered in Sunnyvale, California,U.S. Yahoo Inc. also known as Yahoo! or YAHOO!, has been using the trademark 'Yahoo' since 1994.
This judgment given by the Delhi High Court is a result of the suit which…
Demi Lovato, an acclaimed singer is currently facing allegations of copyright infringement for her song ‘Stars’. Sleigh Bells has sued Demi Lovato in a California Federal Court, alleging that there exists striking similarities between Demi Lovato’s ‘stars’ and their band’s ‘Infinity Guitars’. ‘Infinity Guitars’ is one of the most popular and recognizable tracks of the band ‘Sleigh Bells’. Demi Lovato’s song, ‘Stars’ was released last year as a bonus track in her album ‘Confident’. The song ‘Infinity Guitars’ was released in…
We have come across a lot of bizarre Intellectual Property litigations in the past and the recent trademark dispute involving the banking giant Citigroup and the technology giant AT&T is no different from being considered as one such litigation.
It is to be noted that Citigroup had earlier applied for the trademark "THANKYOU". Surprisingly they were able to get this phrase trademarked to use it in relation to their goods and services. However, AT&T allegedly used the mark "Thanks" in…
We all know Donald Trump is a presidential hopeful, has been a savvy business man and somehow always manages to make or stay in the news. This time however it is not his doing. The Democratic National Committee (DNC) has come up with a mascot which bears a striking resemblance to a famous Disney duck, but with the slight variation of Trump's blond mop of hair. The mascot is called “Donald Ducks” and will be used by the committee to…
The UK Intellectual Property office has given its approval for the usage of the word 'should've' by Specsavers. Specsavers had applied to trademark the words ‘should’ve’ and ‘should have’ to protect its famous slogan. Specsavers has been using the word 'should’ve' in its slogan since the year 2003 and had always planned to trademark the same. Specsavers was started in 1984 by Doug Perkins and his wife Mary and currently has 1,750 stores in 10 countries with a turning over…