GrabOn Wins over GrabOnRent, Powerpuff Girls in New Avatar, Facebook’s Domain Dispute Win and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
TRADEMARK QUOTE OF THE WEEK
“A great brand starts with a hero product” – Andy Dunn
INDIAN TRADEMARK UPDATES
GrabOn Shuts Up GrabOnRent
GrabOn, Hyderabad based coupons and daily deals start-up had filed a trademark infringement suit against the Bangalore based rental platform GrabOnRent, for misusing its goodwill and causing confusion by the use of a deceptively similar brand name. GrabOn further claimed that it’s facing the impact of negative customer reviews, complaints and feedbacks which were intended for GrabOnRent, but diverted to GrabOn due to the similarity in the brand names. GrabOnRent entered into a settlement with GrabOn and agreed to refrain itself from using the brand name ‘GrabOn’ or ‘GrabOnRent’ or any other similar trademarks and domains within a agreed timeframe. The settlement placed before the Delhi High Court Mediation and Conciliation Centre was decreed by the Delhi High Court in favour of GrabOn. The Court further instructed GrabOnRent to place a disclaimer on their website and mobile application stating that they have no relation with GrabOn and to destroy all the goods bearing the mark ‘GrabOnRent’ by 31st July, 2020.
INTERNATIONAL TRADEMARK UPDATES
Maori do not want Air New Zealand to “be well”
It looks like Air New Zealand has found itself in the midst of a controversy in an attempt to trademark its inflight magazine Kia Ora. The airlines has filed an application to trademark the stylized form of the word, which is a Maori phrase, and translates to ‘be well’. However, it has sparked an outrage as the term is an indigenous greeting commonly used across the whole country of New Zealand. The Maori Council said that the airlines has no right to trademark it and the community will boycott the airlines unless the application is withdrawn. The application is still in the initial stage and a decision is pending.
Metallica Can be Metallica in Chile
It is a sigh of relief for Metallica fans as the heavy rock metal band has finally won the trademark battle for its name in Chile. In the suit which lasted over a decade, the Chilean Supreme Court has ruled in favour of the band and has annulled the trademark filed by Horacio Mardones, who had registered a graphically and phonetically identical trademark (to Metallica’s) for clothing and footwear. The rock band had argued that their mark was well-known abroad and Mardones was using the trademark in bad faith. Metallica will finally be able to sell their merchandise in Chile after the ruling by the apex court.
BRAND LICENSING UPDATES
Powerpuff Girls try Lingerie
In thrilling news for all Powerpuff Girls fans, Cartoon Network has collaborated with lingerie wear brand Clovia to unveil a new collection based on the 90’s cartoon. The apparel collection consists of loungewear, sleepwear and innerwear and is inspired by the crime fighting trio of Bubbles, Blossoms and Buttercup. The collection caters to age groups 18 to 30 and is available on the official website of Clovia.
Skyrocket Partners with Brand Central
Skyrocket Toys, a tech entertainment company has appointed brand creation experts Brand Central to represent their latest product Blume. Blume dolls are flowerpots which sprout once water is added and grow dolls with over-the-top hairstyles and accessories. Brand Central is working with Skyrockets to expand their licensing program and create additional consumer product categories. The dolls are available in over 70 countries.
FRANCHISING UPDATES
Thomas Cook Resurfaces in Amritsar
Thomas Cook India, one of the oldest travel services company has now launched a new Gold Circle Partner (GCP) franchise outlet in Amritsar, Punjab. This expansion is the result of identifying Punjab as a high growth market for its holiday business. The new franchise outlet offers customers end-to-end travel solutions with an array of travel and travel related financial services including international and domestic holidays, visa services etc. With this new launch, Thomas Cook India now has 11 consumer access centres in Punjab, 5 owned branches and 6 GCP franchise outlets.
DOMAIN NAME DISPUTE UPDATES
Facebook Help Center is for Facebook
Facebook, one of the world’s leading providers of online social networking services filed a domain dispute with the WIPO Arbitration and Mediation Center against Carolina Rodrigues from Panama City for registering the domain www.fbhelpcenter.info. The disputed domain redirects to dynamic advertising websites, to a parking page with pay-per-click links, or to a malware website. Facebook asserted that it has developed considerable reputation and goodwill worldwide for both its services and brands, including its FACEBOOK and FB trademarks. The WIPO panel found that the disputed domain incorporated Facebook’s FB trademark in its entirety and adding the terms ‘help’ and ‘center’ does not prevent a finding of deceptive similarity. Carolina Rodrigues did not respond to any of the contentions. The WIPO panel noted that Carolina Rodrigues’ registration of the domain name is clearly intended for commercial gain and is used in bad faith. Therefore, the panel ordered that the disputed domain www.fbhelpcenter.info be transferred to Facebook.
GEOGRAPHICAL INDICATION UPDATES
Kuttiattoor Mango Filed for GI
Kuttiattoor Mango also known as ‘Nambiar manga’ is a popular and traditional mango of Kuttiattoor and nearby villages of Kerala’s Kannur District. This sweet-smelling mangoes are known for its appealing orange yellow color and the ripened mangoes do not show speckling or patches on the skin making it more appealing in the market. The origin of this Kuttiattoor Mango dates back to about 300 years. The Application was filed by Kuttiattoor Mango Producer Company Limited in September 2019.
Authored and compiled by Shreya Chaddha & Uma T.S
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