Trademark Archives

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The Case of Indian Intellectual Property – Misplaced Perception

Walking out and looking at yourself is not very easy, but it must be done to understand what is going on with you. That will also give an insight into how people are perceiving you. It seems that India has not been very successful in looking at itself as a third party, and understanding how other countries are perceiving it. Maybe, someone did that and was happy with the impression the country is making. This post is a response to…

June 26, 2015 BananaIP Reporter Intellectual Property 0Comment 771Views 0Like

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

Trademark Case Review: PEPS Industries v. Coir Foam

This article is a contribution by Savitran - Intern at BananaIP Counsels The Delhi High Court has ordered an interim injunction against Coirfoam India Pvt. Ltd. to desist it from using a mark identical or similar to ‘Spring Guard’, which is the trademark owned and registered by Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and selling sleep comfort products such as mattresses, pillows, cushions,…

May 27, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 934Views 1Like

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The Chocolate Wars – Wrangle between Nestle & Cadbury on KitKat Shape TM

In this reigning retail world, even minor details of products that may bring major changes in the market, matter. In this current scenario every company wants to protect its identity through trade mark registrations. The whole story started in the year 2010 when Nestle applied to register trademark for its four-fingered chocolate - KitKat. Cadbury clashed with nestle in filing the trade mark for the KitKat shape. UK Registry of trade mark turned down the application by Nestle after hearing opposition…

May 21, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 892Views 1Like

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Case Review: Hypnos Ltd. v. PEPS Industries Pvt. Ltd. & Ors

Citation : ORA/126/2012/TM/CH, Order dated 16th April, 2015 Parties Involved : Applicant : 1. Hypnos Limited (UK) Respondents : 1. Hosur Coir Foam Pvt. Ltd. 2. Peps Industries Pvt. Ltd. 3. The Registrar of Trademarks, Trademarks Registry, Chennai Brief Facts : The Applicant, a UK based family run bed manufacturing company, filed a rectification petition to cancel the registration of the ‘HYPNOS’ trademark owned by Respondent No. 1 under Class 20.…

April 24, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1124Views 1Like

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Existing Trademark blocks Apple Watch sale in Switzerland

In latest news, Apple has been banned from launching its new Watch in Switzerland as in other European countries, scheduled to be on April 24, 2015, because of an Intellectual Property Rights issue. They cannot use the image of an apple or the word 'apple' to launch their product in Switzerland because of a trademark from 1985. The trademark currently belongs to William Longe, who owns watch brand, Leonard, that first filed the trademark application. He applied to the Swiss…

April 7, 2015 BananaIP Reporter Trademarks 0Comment 1133Views 1Like

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Weekly IP Warm-UP!

GOOGLE V. SPAIN – SPANISH PUBLISHERS SUFFER AS GOOGLE NEWS CLOSES OPERATIONS A new Copyright law which has made it mandatory for Google, Yahoo and other news aggregators to pay licensing fee to all news publishers for using their stories or snippets in Google News, results in Google cutting its operations in Spain. However, the regulation allowed publishers to opt in to Google’s index, and prevent Google from paying licensing fee. COPYRIGHT REGULATION TO ALLOW PRIVATE COPYING; TO FACE IRE…

January 14, 2015 BananaIP Reporter Copyrights, Media and Entertainment Law, Patents, Trademarks 0Comment 721Views 1Like

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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?

A recent decision from the Delhi High Court (HC) pertaining to the publisher of a weekly magazine, India Today, filing an application for an interim injunction at the Delhi HC so as to restrain Alpha Dealcom from launching a news channel with the name 'Nation Today', stresses the importance of submissions in response to an Examination Report made before the Trademarks Registry. The publisher of India Today argued that the use of the word ‘Today’ infringed its Trademark. The Delhi HC held that,…

June 10, 2014 BananaIP Reporter Intellectual Property, Trademarks 0Comment 752Views 1Like

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The featured image is of the trademark symbol . 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.

Choosing the Right Trademark- How Important is it Anyway?

First Publication Date: 8th January 2010 How important is it to choose the right trademark and how to choose the apt mark? With more and more courts and decisions focusing on the strength of the mark it definitely becomes quintessential to choose and apply for the right trademark. We don't have to search hard to look for such illustrations where the strength of the mark in some way decided the fate of the case. Fenil in his post titled "Could exclusivity…