After SRK, it is the turn of Mr. Khiladi

Few days back, we got the news that Shahrukh Khan is all set to get the name SRK registered at the Trademark Registry. In somewhat we may refer to as following the suit, Akshay Kumar is heard to be making efforts to get the name 'Khiladi' registered at the Trademark Registry. 

He has been acted in seven Khiladi movies since 1992. Also, he is awaiting his eighth outing with the upcoming Khiladi 786. He is set to take his association with the successful franchise a step forward. 

“Khiladi has become a brand that Akshay is associated with. And Akshay is very emotional about it. That’s why he has decided to apply for a trademark,” says an insider. He further adds that “The idea is to bar its usage for commercial purposes, including films, TV, advertisements and other industries".

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Mc Donald filed for coffee trademark

McDonald's Corp. has filed a trademark using its name for ground and whole-bean coffee.  McDonald's Corp has filed for the trademark McCafe Indicating intention of burger giants to enter into retail markets.

The registration was made last month, and The Wall Street Journal says it signals the quintessential American fast food chain could be considering selling packaged coffee in grocery stores, emulating some of its competitors.

MC Donald filed for Mc Cafe trademark for coffe

Amazon urges the US court to remove charges of false advertising

In a filing yesterday before a US court, Amazon asked the judge to remove an allegation of false advertising imposed by Apple last year. Last year, Apple launched legal action against the Amazon Appstore for Android, alleging that the it is a trademark violation of Apple's App Store. Apple had also also alleged that Amazon's use of the word Appstore in marketing material is false advertising.

Apple's App Store provides iPhones, iPads and iPods powered by Apple's iOS operating system and a huge range of software for the reassuringly expensive gear. On the other hand, Amazon's Appstore solicits programs for its Kindle tablets and other manufacturers' devices powered by Google's Android system.

Amazon asked the judge to throw out the false advertising allegation, claiming that it had no proper place in a trademark suit, and that "app store" is a generic term.

A hearing on Amazon's motion is due at the end of October. 

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Beijing to give IPR protection to brands

For long China has been the hotspot for creating fakes of many international brands.  But that is set to change. Dongcheng District of Beijing will enhance IPR protection in Wangfujing Shopping Street to protect brands by governmental service and supervision. 

Nowadays, 53 out of the top 100 world famous brands have set up stores in Dongcheng District, particularly Wangfujing Shopping Street where local and international brands converge. 

“By governmental service and supervision, on the one hand, the district will provide overall protection for these brands, on the other hand, Dongcheng District will create enabling environment for the development of these brands in the district and Wangfujing Shopping Street,” said a principal from Dongcheng District.

It is a welcome move on the part of Chinese  government. This move will restore the faith of many international brands in China.

Contributed by: Abhishek 

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Trademark for music icon refused to Apple

In a setback to Apple, it lost an appeal to protect its famous music icon after trademark judges ruled that consumers were likely to confuse it with a mark now owned by MySpace. 

On Tuesday, the Trademark Trial and Appeal Board (TTAB) upheld an examiner’s decision to refuse Apple trademark protection for the famous orange music mark that appears on iPhones and computer screens. It refused on the grounds that it was too similar to another mark:

 According to sources, the mark on the right was issued in 2008 to a music service called iLike which let users download and share music. In 2009, MySpace obtained iLike and shuttered it earlier this year. 

Refusing the contentions of the Applicant, the Board performed a “likelihood of confusion” analysis to conclude that an average consumer would muddle the marks:

"In view of the facts that the marks are similar, the goods and services are related and are encountered by the same classes of consumers, we find that applicant’s double musical note and design for “computer software [..]” is likely to cause confusion with the registered mark comprising a double musical note and design [..] for listening to MP3’s and for sharing MP3’s and music playlists with others".

However, Apple can still appeal against this decision to a federal district court. 

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Judgment Copy

Amar Remedies accused of “passing off”

Dabur Ayurvedic Natural Health Care Products India has filed a case against Amar Remedies, for infringing on the intellectual property rights (IPR) to its brand Meswak. Dabur in the has alleged that Amar Remedies manufactures a toothpaste under the brand name  Siwak and exports it to Algeria.

Along with IPR infringement, Dabur in the suit has also alleged that Amar Remedies has attempted to "pass off" Siwak as Meswak. Passing-off in IPR law means making a false representation that is likely to induce a person to believe that the goods or services are those of another.

In the petition Dabur has alleged that Amar has dishonestly adopted the the said mark Siwak on the toothpaste only with a view to trade on its  goodwill and  reputation 

Contributed by Abhishek Kukreti

Barfi ! faces the Murfy Trademark issue.

A day before release of Barfi !, the upcoming movie of Anurag Basu, the British manufacturers Murphy Radio sent the notice to the producers UTV group and Ishana films, alleging trademark infringement. In the notice, the company has claimed that the makers have used 'Murphy', 'Murphy Radio' and 'Murphy Munna' in the title song as well as in the film without taking an NOC (no objection certificate) from them. 

The notice, sent through advocate Sujeet G Kurup, says, “The company Murphy Enterprises owns at least 32 trademarks under several classes. If the notice is not taken seriously, the company will file a legal suit against the Barfi team, bringing a stay on the movie release, or further perusal claiming damages worth Rs. 50 crore.”

The main point of controversy is over the song Ala Barfi, the lyrics of which are: “Barfi jo amma ji ki kokh mein tha soya/ Amma ne murphy ka radio mangaya/ barfi munna jaisa lalla/ amma ka tha sapna/ Munna jab haule haule duniya mein aaya/ Baba ne Ceylon wala station lagaya/ Radio on hua, amma off hui/ Toota har sapna.”

However, UTV responded positively, by saying “We are clear there has been no infringement whatsoever, and are in the process of responding to the notice.”

 

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IPAB orders removal of trademarks

The Hindu on 29th August reported that IPAB has ordered removal of two conflicting  trademarks from  TM register. Fight between two cosmetic giants, Chandrika and Calvin Care Private Limited has  resulted in removal of their potentially conflicting trademarks "Fair ever" and "Chandrika For ever". 

Wipro's Chandrika and Calvin care have been fighting over these trademarks for cosmetic and soap products. Wipro launched Chandrika forever in 2007 and obtained registration for the same in respect of all kinds of soaps, toiletry preparations, shampoos, hand wash and sanitisers. On the contrary Calvin care have been trading since 1998 under their well known trademark "Fairever" in relation to cosmetic products. 

In 2010, Calvin care filed a civil suit seeking permanent injunction to restrain Chandrika from using "Chandrika Forever". As a response to this Chandrika had approached the IPAB seeking removal of Calvin care's trademark "Fair ever".

IPAB now in its orders asks the Registrar to remove both the marks from the register as both marks tends to create confusion among the public and was wrongly entered in the register and hence deserves to be removed

Source:  The Hindu

EBC granted injunction against Westlaw for infringing copyright

Thomson Reuters, the multinational information conglomerate based on New York along with its Indian operations- Westlaw India and Indlaw have been restrained by an ad interim injunction from infringing the Copyrights of EBC in their law report "Supreme Court Cases" known as SCC. 

EBC's right over head notes and editorial notes in SCC were earlier upheld by the Supreme Court in Eastern book company v D B Modak

In a lawsuit filed against Thomson Reuters / Westlaw India / Indlaw, the Lucknow District Court Judge, has passed an Interim Injunction on 22/8/2012 restraining the defendants, their assignee's, business franchises, licensees, distributors, agents etc from selling, distributing or otherwise make available to people either as CD- ROM's or through their website or any other means which would infringe the copyright of SCC during the pendency of the suit.

The learned judge after taking into account the affidavit filed by EBC and the contentions raised by them felt that there is a prima facie case as well as balance of convenience  in favour of the plaintiff  due to "exact tallying" of editorial notes by the defendants in their online journals 

14th September has been set out as the date for filing written statements and framing issues.

EBC v Thomson Reuters Order

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Yamaha applies for "BOLT "trademark

Yamaha, the motor cycle giant, applies for a trade name  " BOLT" to be used in a future motorcycle. There is no indication till now whether this is intended to facilitate the Olympic  hero Usain Bolt. Application is said to be made immediately after extra ordinary performance of Bolt in London Olympics.

According to the application name is to be used on  "motorcycles and structural parts". This trademark if granted is expected to create a lot of problems especially in  parts industry where  the term bolt is a common expression.

Source- Visordown news

Trademark Infringement Suit over Kyuss Lives ! decided

In a trademark infringement lawsuit filed by former Kyuss guitarist Josh Homme and bassist Scott Reeder against their ex-bandmates, vocalist John Garcia and drummer Brant Bjork, involving the use of the latter pair's current incarnation, Kyuss Lives !, judge S. James Otero of the United States District Court Central District of California has given the verdict on 20^th of this month. According to the judgment, Kyuss Lives ! has been allowed to the Defendants to be used as a signature for live performances, but not for recordings.

"The court will issue a preliminary injunction prohibiting defendants from using the Kyuss mark in any capacity unless the word 'Lives' follows the word 'Kyuss' in equally-prominent lettering," says the verdict.

In his statement, Bjork previously claimed that Homme and Reeder had only trademarked the Kyuss name after Bjork had left the band in 1993, thus giving rise to issue as to whether the pair can be held liable for stealing the title.          

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 Two persons were arrested by the Delhi Police for manufacturing and selling footwear in the brand name of PUMA.  Accused have been remanded to  police custody by  Delhi Court. Arrest was made following the complaint of representative of PUMA.

 A person by name Karan chopra a owner of the footwear shop has been released on bail. In  another search conducted on the shop owned by Manjeet Singh where a number of footwear were stored and  have been seized Ravi and Manjeet have disclosed names of other manufactures from whom they used to get the supply of this fake branded footwear. 

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No relief for ITM Trust in trademark infringement case

Bombay High court rejected an application for relief in a trademark infringement law suit filed by the educational trust ITM  and its trustees against Educate India Society.

ITM trust, a registered public trust engaged in educational activities has filed for an permanent injunction against Educate India Society for infringement of their trademark " Institute of Technology and Management" and "ITM". 

ITM Trust argues that they were registered with the charity commissioner since October 1993 and have established various educational institutions and offered various courses in the field of technology, management and their institutions were notified as ITM university by the Chattisgargh government and also  recognized by AICTE for several years.

ITM trustees claims that only recently they came to knew about the use of their registered trademark by Educate India Society, that too from a student who was seeking admission with their institute. They claim that since their trademark is registered and is still operative, the court shall grant them an injunction against TM infringement.

The defendants, Educate India society is also operating educational institutions since 1996 in the fields of technology, management and law and also have been notified as private university by the Haryana Government as ITM university in Gurgaon. Their institutions are also recognized by AICTE and UGC. 

Bombay High court Judge ,Justice Bhushan Gavai after considering all the relevant factors have rejected the injunction application stating that it is difficult to believe that students of this era seeking admission for higher education would be confused or deceived by any similarities in trademarks of both the parties.The students seeking admission for higher education are bound to look into all the credentials of the institutes concerned and should apply their mind to find the best institute of the basis of available information.

Find full judgement here