Trademarks Archives

Importance of IP for Start-ups and Entrepreneurs (Part II): Trademarks

Choosing the right name/business representation word, logo, device or any other form of business representation is generally the first asset created by an entrepreneur, Often, entrepreneurs finalize on a name or logo and develop strong emotional attachment to it without proper research. While it is important to be passionate about the business and its representation, every entrepreneur must take the following steps before finalizing on a business representation: Ensure that the name, logo or any other representation shortlisted is capable…

August 19, 2015 BananaIP Reporter Intellectual Property, IP for Start Ups, Trademarks 0Comment 796Views 0Like

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Will ALPHABET get Google into Trademark Trouble?

Google's announcement that it would be using the house mark “ALPHABET” for its holding company sparked off a series of debates about trademark implications of using the said word. While numerous companies operate under the name "ALPHABET" as a part of their name, the leader of these companies seems to be BMW. BMW's representative has stated that Alphabet, a fleet services company operated by BMW is an important part of its business, and that BMW is considering the issue at…

August 17, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1071Views 0Like

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Zara Trademark Saga: History Repeats Itself

When Shakespeare wrote the famous line “what’s in a name” he definitely did not anticipate the redundancy of the statement in the context of intellectual property. It’s all about the name! There are numerous legal suits that have ensued over the copying of a name. And why shouldn’t they, there is tremendous amount of goodwill and reputation attached to a name. Recently, Zara the Spanish clothing brand, sued a Chennai based restaurant for using its name. The restaurant was called…

August 9, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1361Views 0Like

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The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

Intellectual Property (IP) in India: A Decade of Progress Part 1

This post gives trade mark statistics for the last decade. Trademark applications are filed to register a trademark with a national or regional Intellectual Property (IP) office.A 2011 report showed that the five countries filing the most trademarks were China, USA, India, Brazil and South Korea. The statistics revealed a major shift in the preference of multinational brand owners towards emerging markets, evidenced by the change in the composition of the top 10 countries with the most number of published trademarks, from 2012 to 2013…

July 21, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 665Views 0Like

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Lionsgate sues Ameritrade for using ‘Dirty Dancing’ dialogue

All of us at some point have watched and loved the film “Dirty Dancing”. The film is legendary for different reasons- the impeccable dance routines, the star-crossed lovers theme, Patrick Swayze and the dialogues, which are quoted, spoofed and now being used for ad campaigns. TD Ameritrade (‘Ameritrade’ for brevity) through its ad company Havas ran an advertisement of a man lifting a piggy bank over the tagline "Nobody puts your old 401(k) in the corner”, clearly spoofing the most…

July 16, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 827Views 0Like

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Featured image is of EDM D.J. Joel Zimmerman a.k.a. DeadMau5 performing as the post is about his famous Mau5 ears and the trademark dispute with Disney. To read the post click here.

Disney finally dances to Deadmau5’s tune

Deadmau5 the Canadian progressive-house music producer who made his first tour of India last year had found himself in a trademark battle with the most loved mouse of all time, Mickey Mouse the well known cartoon character and the proud mascot of Disney. The root of Deadmau5 - real name Joel Zimmerman's troubles was literally sitting on his head, his iconic Mau5head which he regularly wears during all his performances around the world. The Walt Disney Company Disney is fiercely protective of…

July 14, 2015 BananaIP Reporter Copyrights, IP Commercialization/Licensing, Trademarks 0Comment 750Views 0Like

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Cease and desist notice to Snapdeal

The Chennai-based saree retail Brand Nalli has issued a cease and desist notice to the leading e-commerce website Snapdeal for illegal use of its brand name, trademark and images on its website. Nalli, a brand that has become synonymous with the traditional silk or Kanchipuram sarees has become a trusted household name when it comes to sarees. It was alleged by Nalli that Snapdeal sought to unjustly cash in on the goodwill of the brand by making people believe that…

July 2, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 811Views 0Like

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Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

Peps Industries Vs. Shakti Mattresses & Gears

The Delhi High Court has passed an ex-parte interim injunction against Shakti Mattresses & Gears Pvt. Ltd. on 29th May 2015, to restrain from dealing in the goods and services, under the mark ‘SPINE GUARD’, which is a registered trademark of the plaintiff, Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and sale of sleep comfort products such as mattresses, pillows, cushions, sofas, beds and…

June 16, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 744Views 1Like

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This town isn’t enough for the two of us : Zara Trademark Dispute

This conflict is between a world-renowned luxury-clothing brand and a renowned restaurant and bar in a city. The Delhi High Court decided the trademark infringement tussle in favor the luxury brand ZARA, not because it is celebrated around the world but simply to protect the brand’s trademark rights. ZARA, an internationally reputed brand, the plaintiff sued Zara Tapas Bar for trademark infringement and sought injunction restraining the defendant from infringement, passing off and dilution of its trademark. The plaintiff contended…

June 16, 2015 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 1711Views 1Like

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Featured image is of VIT campus, as content of the post is related to VIT

Is There a Trademark in a Name?

“What's in a name? that which we call a rose, by any other name, would smell as sweet.” William Shakespeare famously quoted these lines in his creation of the romantic tragedy, Romeo and Juliet. Enter 21st century and these famous lines could be debated to the ends of time. In today’s world, where there are fakes of fakes and more fakes than actual products, Shakespeare might have thought differently. Trademark Infringement and Passing off is something that we are all too familiar…