Celebrating 20 Years of IP Excellence

COLLINS Lionsgate

Lionsgate v. Ameritrade: A classic case of copyright claims dressed in TM claims’ clothing

Spoofs have had a long history of getting into trouble. So it’s no surprise that when brokerage giant TD Ameritrade tried to put a cheeky spin on the iconic line “Nobody puts Baby in the corner”, Lionsgate was not so forgiving. We had initially covered the matter , back in July, 2015 when Lionsgate filed an infringement suit against Ameritrade in Los Angeles. Just to jog your memory and for our younger readers, who might not be familiar with the film…

Read more

The featured image is of the trademark symbols- tm, r . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

From OHIM to EUIPO – OHIM’s New Trademark Reform

The Office for Harmonization in the Internal Market (OHIM), the office for registering Trade Marks and Designs in the European Union, will undergo major changes including change in the name of the office to “European Union Intellectual Property Office” (EUIPO) and the name of the Community Trade Marks (CTM) to “European Union Trade Marks” (EUTM). The OHIM website, from 22nd to 23rd March 2016, will be updating its online application system to implement the changes in the legal process as…

Read more

The image depicts IP India's logo. The post is about new biotech guidelines from indian patent office. Click on the image to read the full post.

CGPDT and DSLSA join hands to dispose of pending IP disputes

  There is no doubt that there is a backlog of cases at various IP offices in India. Recently some initiatives have been taken to make India’s IP dispute resolution system speedier and more efficient. The initiatives come from two fronts-Commercial Courts and Mediation. The Civil Procedure Code (Amendment) Act, 1999 introduced Section 89, which speaks about arbitration, conciliation and mediation as alternative dispute settlement mechanisms. The Arbitration and Conciliation Act 1996 (modeled on the lines of the UNCITRAL Model Law)…

Read more

The featured image shows the Mercedez hood ornament. The post is about a recent Court ruling by the ECJ. TO read more click here.

EU Court rules against Mercedes-Benz: No Trade mark Infringement for Online Advertisements.

  This post is about an interesting case relating to the use of the trade mark "MERCEDES-BENZ" by Együd Garage Gépjárműjavító és Értékesítő Kft. (‘Együd Garage’) in advertisements on the internet. The garage stated that it is an authorized Mercedes-Benz dealer. This case is filed by Daimler AG ('Daimler'), an automobile manufacturer which is the proprietor of the international trade mark "MERCEDES-BENZ" which is also protected in Hungary. The defendant is Együd Garage, a Hungarian company specializing in the retail sale of Daimler…

Read more

The image is of the IP book Young Intellectuals. To know more click here

Young Intellectuals: Intellectual Property Insights

Intellect breeds wisdom, and wisdom begets knowledge. Intellectuals push the boundaries of knowledge and creativity, and with these sharp minds around, the world is always dynamic. Often, a peek into minds of intellectuals gives insight and foresight beyond the ordinary. 'Young Intellectuals' takes a look into minds of select IP Professionals, whose contributions are making more than a noteworthy difference to the progress of science and creative arts. Patents, MNCs, and India Strategy: R. Lakshminarayanan Role of IP/ Patents…

Read more

The featured image is that of two golden arches that symbolize, McDonald's logo. The post is about a recent case in which McDonald's won against Supermac. To read more click here

McDonald’s wins and is “lovin’ it”

  McDonald's recently won favour with the EU Office in a case of opposition which it filed against Supermac’s trademark application in the European Union, to prevent Supermac from registering its brandname as a trade mark in EU. Supermac had planned a major expansion in the UK, the EU and Australia. Supermac is an Irish origin fast food company started by Pat McDonagh, in 1978. The Mighty Mac double burger and the Chicken Snack Box has been popularised since then with revenues…

Read more

The featured image is of the trademark symbols- tm, r . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

The First Amendment strikes again

  The Slants, an Asian-American rock band, founded by Simon Tam, had applied for  the registration of their band name as a trademark. The U.S. Patent and Trademark Office (PTO) however, refused to grant THE SLANTS trademark registration under §2(a), which bars registration for marks “[c]onsist[ing] of or compris[ing] … matter which may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” It stated that the mark was denied registration for being…

Read more

The Custom image reads "Comments on the Draft Trademark Rules, 2015". The post is about the Comments and suggestion submitted to the DIPP on the new proposed TM rules. To read more click here.

Comments and Suggestions on the Draft Trademark Rules, 2015 

The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on November 19th, 2015 publishing the draft Trademark (Amendment) Rules, 2015 ("Draft Rules") seeking to amend the Trademark Rules, 2002 ("Trademark Rules"). The proposed Draft Rules seeks to simplify the complex registration process. The objective of the Draft Rules is to create a more organised system of filing applications which will result in the efficient processing of applications. In light of this, it…

Read more

The custom image reads World best IP blogs - Likelihood of Confusion. The post is about Likelihood of Confusion blog. To read more click here.

World’s Best IP Blogs – Likelihood of Confusion

Dear readers, we hope you are enjoying this series on the World’s Best IP blogs. The blog that makes it to our list of “Worlds Best IP blogs” today is called - Likelihood of Confusion. In legal terminology Likelihood of Confusion (or Confusing Similarity) is the legal standard that determines whether or not trademark infringement has occurred. The specific standard itself is defined by a vast body of law and varies jurisdiction by jurisdiction. This blog was launched by Ron…

Read more

The featured image is of lord Ram his wife Sita, the devotee Hanuman and Rama's three brothers (Lakshmana, Bharata and Shatrughna). The post is about a trademark case involving a religious trademark. To read more click here.

Don’t take the God’s name in vain

  “You cannot take ‘advantage’ of me”, Sita must’ve said to Ravan.   And not surprisingly at all, the Honourable Supreme Court of India feels strongly for the sentiment. As was seen on the 27th of October, 2015 when the division bench comprising of J.Gogoi and J.Agrawal observed that using images of Gods and Goddesses as a part of a logo/label would be “taking advantage of the Gods and Goddesses” which wouldn’t be permitted. The SC also ruled that names of holy…

Read more

Connect with Us

BananaIP Counsels

No.40, 3rd Main Road, JC Industrial Estate, Kanakapura Road, Bangalore – 560 111 (Old – 560 062)

Telephone: +91-76250 93758+91-80-49536207 | +91-80-26860414/24/34
Email: contact@bananaip.com

Please enable JavaScript in your browser to complete this form.
Checkboxes

Connect with us

BananaIP Counsels

Office Address

No.40, 3rd Main Road,  JC Industrial Estate, Kanakapura Road, Bangalore – 560 111 (Old – 560 062).

Telephone: +91-76250 93758 | +91-80-49536207 | +91-80-26860414/24/34

Email: contact@bananaip.com

© 2004-2024 BananaIP Counsels. All Rights Reserved.