Trademark Archives

Patanjali mired in controversy once again

The brand Emami is a well known name in the FMCG(Fast Moving Consumer Goods) sector in India. Recently, Emami had levelled accusations against Patanjali Ayurved Limited of copying the design as well as the trademark of its ‘Kesh King’ brand of hair tonic. Emami had launched the product 'Kesh King' in the year 2015. This product was developed by Sanjeev Kumar Juneja of SBS Biotech in the year 2008. The product was being sold and marketed through SBS Biotech of…

July 21, 2016 BananaIP Reporter Industrial Designs, Intellectual Property, Trademarks 0Comment 1303Views 0Like

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Toyota Wins the ‘Prius’ Trademark Dispute

Toyota, one of the leading giants in the automobile industry, sensed a huge relief when the Delhi High Court on 8th of July, 2016 delivered its judgment in its favour. This trademark dispute was pending in the court for seven long years, before the court found the defendants conduct to be dishonest. The Delhi High Court in the case of Toyota Jidosha Kabushiki Kaisha vs Deepak Mangal & Ors., CS (OS) 2490 of 2009, also known as the Prius Trademark…

July 13, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1258Views 0Like

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Delhi HC rules in Favour of Louis Vuitton in Trademark Dispute

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…

June 24, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 972Views 0Like

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Not a ‘Cule’ decision: FC Barcelona Loses Trademark Fight to Kule

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…

June 20, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 842Views 0Like

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Disney and Dalian Engage in Comic Wars

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,…

June 2, 2016 BananaIP Reporter Copyrights, Intellectual Property, Trademarks 0Comment 735Views 0Like

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The featured image depicts a peice of paper with the word trademark highlighted and in bold along with other words which are there in the background. this posts relates to trademark objectives enshrined in the IPR policy 2016. to know more click here.

National IPR Policy: Trademark Related Objectives

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…

May 25, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1179Views 0Like

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China Court Likes Facebook and Dislikes Apple.

You win some, you lose some!! China passed two judgments last week, with respect to trademark involving two of the most famous brands- “iPhone” and “Facebook”. The judgments are very surprising because as we all know that Facebook though blocked in China, was allowed the trademark protection. However, iPhone despite being popular and sold in China lost the trademark battle. The iPhone imbroglio: Xintong Tiandi, a Chinese manufacturer of luxury leather goods has been selling handbags, mobile phone…

May 11, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 778Views 0Like

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The featured image shows a thief stealing some data. The post is about cybersquatting in general and talks about the case of domain name dispute of Jimmy choo. To read more click here.

‘Choo’ Only What You Can

Cybersquatting is no stranger to us, considering the increasing number of cybersquatting incidents that have come to light in the recent years. Cybersquatting is registering, using or selling of a domain name with the intention of benefiting from the name, popularity or goodwill of another’s business, trademark or brand. The Anti-Cybersquatting Consumer Protection Act (ACPA) has been established in the United States to protect the trademark owners from the unlawful actions of cybersquatters. The Act prohibits such practice as registering…

April 7, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 735Views 0Like

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Design Infringement lawsuits: BlackBerry v. Typo and Apple v. Samsung

BlackBerry Vs Typo Products BlackBerry Ltd. on 3rd January, 2014, filed a case against Typo Products LLC, in the California Northern District Court, for design infringement of their famous QWERTY keyboard. The subject matter of the case alleged by BlackBerry is based on the design of a keyboard that can be snap-fitted on to an iPhone, so as to make it look like the BlackBerry keyboard. The design was claimed to be an infringement of U.S. Design Patent No. D685,775…

November 10, 2015 BananaIP Reporter Intellectual Property 0Comment 5190Views 0Like

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Trademark Infringement in the Automobile Industry Part I: Tata Motors, Bajaj Auto Limited

This post brings to light some of the Indian cases dealing with trademark infringement in the automobile industry. The first case that would be discussed here is that of Tata Motors. The story starts in mid 2014, when Tata Motors approached the Court of Chief Metropolitan Magistrate, Vidya Prakash, complaining of some unknown persons engaged in the business of manufacturing, trading, distributing, storing and selling counterfeit and spurious products under the trademark of ‘Tata Motors’. Tata Motors informed the Court…