Recently , a European Court ruled in favour of US fast food giant McDonald’s, restraining a Singapore based company from using the word ‘Mac’ as a prefix on its foods and beverages. One of the primary aims of every trademark law is to prevent consumer confusion. Trademark law provides exclusive rights to the proprietors of a particular trademark, thus allowing them to carve out a niche for their product in the existing market.
In 2008, a Singaporean Company had applied…
A lot has been discussed and speculated about the referendum “Brexit”. The UK has voted to leave the EU on June 23rd , 2016. This decision will have far reaching effects, including potential effects on intellectual property rights in the UK. June 23rd 2016, will be a landmark date in the European and British history.
Under Article 50 of the Lisbon Treaty, the UK must now notify the European Council of its intention to withdraw from the EU, which will…
Trademarks are known as business identifiers and they play an indispensable role in the growth of a particular business. With the globalization of markets , growing importance of brand advertising for manufacturers and subsequent brand awareness of consumers, trademarks have become increasingly important and valuable. Trade marks are crucial trading instruments because consumers ascertain the quality and standard of goods and services with the trade source.While trademark laws provide monopoly rights to the proprietor of a mark to use…
The IP community is well aware about the major reforms that have been implemented recently by the EU( European Union). The European Trademark law has undergone significant changes since the introduction of the Community Trademark system in 1996. The recently adopted European Trademark Reforms have brought in substantial changes not only to Community trademarks but also for owners of national trademarks in the EU.
India has been protesting without any success, against one such new directive in the area…
We’ve got some sad news for our FC Barcelona fans. The General Court of the European Union recently ruled against the football club FC Barcelona and in favour of an American fashion company named Kule, affirming a previous decision, that the football club had failed to prove the genuine use of the mark ‘Cule’.
For all our non-football fans, ‘Cule’ means a fan or supporter of the FC Barcelona. The issue first came up in 2011, when Kule had…
Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action.
Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of "VENIZ " which belongs to Sun Pharmaceuticals.
Sun Pharmaceuticals had adopted the…
Sony might have to settle a possible trademark as well as copyright dispute with Marco Husges, before it can release an animated film titled “The Emoji ”.
Marco Husges, is a game developer and emoji creator who has previously worked on the MMO Shadowbane, Starbreeze Studio’s Enclave and had filed for commercial trademark of the word "emoji" back in 2013. He claims to have trademark merchandising rights over 3000 emojis.
The rights over the emoji shouldn’t be confused…
A conflict for the protection of intellectual property right arose recently in China when a Chinese based Infrastructure Company, Wanda Company diversified its business and entered in to a theme based park. It is interesting to note how the conflict arose in this case. The facts are as follows: on the inauguration of the theme park of Wanda Group on 28th May 2016, few people who were alleged to be workers of the park, were seen clad in Captain America,…
After thirteen years of long battle, Coca-Cola Company has finally been granted registration for the trademark “zero’’ for its zero-calorie drinks, namely Coca-Cola Zero, Sprite Zero and Powerade Zero by the US trademark authorities.
The company had been trying to register the trademark “zero” in US since 2003. However, Dr Pepper who sells a diet soda, called Diet Rite Pure Zero, challenged this effort by Coca-Cola in the year 2007 for registration of the word “zero”. Dr.Pepper argued that “zero”…
India approved its first ever Intellectual Property Rights (IPR) policy on 13th May 2016 with a vision to stimulate creativity and innovation and to promote advancement in science and technology, art and culture, traditional knowledge and biodiversity resources.
The policy lays out seven broad objectives and they are as follows:
Awareness: outreach and promotion;
Generation of IPRs;
Legal and legislative framework;
Administration and management;
Commercialization of IPR;
Enforcement…