ISKCON Declared as a Well-Known Trademark, Booking.com isn’t Generic

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ISKCON Declared as a Effectively-Identified Trademark, Reserving.com isn’t Generic, Held by US Supreme Court docket, and extra

ISKCON declared as a well known trademark, Transfer over Honest & Beautiful, it’s now Glow & Beautiful time, Qualcomm, Flipkart, and HRX unite to launch wi-fi audio gadgets and extra dropped at you by the Trademark Attorneys at BananaIP (BIP) Counsel.

INDIAN TRADEMARK UPDATES

ISKCON Declared as a Effectively-Identified Trademark

Worldwide Society for Krishna Consciousness (ISKCON), had filed an utility within the Excessive Court docket of Bombay, looking for a everlasting injunction to restrain Iskcon Attire, a Delhi based mostly clothes producer, from utilizing the trademark ‘ISKCON’. Colloquially generally known as the Hare Krishna motion, ISKON is a Gaudiya Vaishnava Hindu spiritual group based in New York in 1966. ISKCON contended in its swimsuit that the popularity, repute and goodwill of its trademark – ISKCON is now not restricted to any explicit items and/or companies however pertains to a various vary of classes and subsequently requested for the well-known trademark standing in India. It was additional submitted that ISKCON is a coined mark and has obtained a number of trademark registrations. ISKCON additionally owns the area www.iskcon.org which has been operational since 1994. The one decide bench of the Court docket acknowledged that the mark ISKCON is a coined time period by the group and undoubtedly deserves the very best diploma of safety. Its mark has additionally acquired immense and long-standing repute and goodwill all through India and overseas. In view of the above, the Court docket declared that ISKCON is a well known trademark in India throughout the that means offered in Part 2(1)(zg) of the Commerce Marks Act, 1999. The Court docket subsequently granted a everlasting injunction restraining Iskcon Attire from utilizing the trademark ISKCON.

Quotation: Worldwide Society for Krishna Consciousness (ISKCON) v. Iskcon Attire Pvt. Ltd. & Anr. COMMERCIAL IP SUIT (L) NO. 235 OF 2020

Transfer Over Honest & Beautiful, It’s Now Glow & Beautiful Time

The continuing Black Lives Matter protests within the US have compelled a number of firms to introspect their manufacturers’ racial, discriminatory, derogatory practices or picture. Hindustan Unilever Restricted (HUL), is one such instance. HUL has renamed its fashionable pores and skin whitening cream ‘Honest & Beautiful’ to ‘Glow & Beautiful’, and the pores and skin cream for males can be known as ‘Glow & Good-looking’. In a bid to guard from opponents, the corporate has filed new trademark functions with the Indian Trademark Registry for the phrases ‘Glow & Beautiful’  and ‘Glow & Good-looking’ in a stylized format beneath class three which covers cleaning soap, lotions and lotions amongst different merchandise. It’s fascinating to notice that HUL had earlier utilized for the phrase mark “Glow & Beautiful” in addition to “Glow & Good-looking” in 2018 however these functions have been refused by the Trademark Registry. Earlier this week, firms like Lipton Tea and Dove introduced that they’d drop phrases comparable to ‘truthful’, ‘equity’ ‘white’ and ‘whitening’ from their advertising.

INTERNATIONAL TRADEMARK UPDATES

Reserving.com isn’t Generic, Held by US Supreme Court docket

In an enormous win for the favored on-line journey portal Reserving.com, the US Supreme Court docket (USSC) has dominated that the Netherland based mostly firm can trademark its title. In a 8-1 choice, the united states affirmed the US Court docket of Appeals for the Fourth Circuit’s ruling that including the time period “.com” to a generic phrase could make the whole mixture eligible for trademark safety, even when “Reserving” alone couldn’t. Reserving.com had filed a trademark utility with the US Patent and Trademark Workplace (USPTO) which was refused on the grounds that generic phrases should not eligible for trademark safety. The choice was later overruled by a US Federal District Court docket and additional upheld by the US Court docket of Appeals. Justice Ruth Bader Ginsburg, on behalf of the bench, held that “shoppers perceive that Reserving.com refers to a selected firm, and never on-line resort reservation companies usually. Since Reserving.com’ isn’t a generic title to shoppers, it isn’t generic”. Nevertheless, Justice Stephen Breyer, in his dissent acknowledged that ‘the courtroom’s majority had put an excessive amount of emphasis on shopper surveys, which he mentioned have been of restricted worth’.

BRAND LICENSING UPDATES

New Make-up Assortment From MAC

MAC, probably the most fashionable world cosmetics manufacturers, stylized as M·A·C, has partnered with American singer Teyana Taylor, to launch a brand new make-up assortment. The gathering impressed by the 1990’s, will encompass 12 merchandise together with a highlighter, lipliner, lipsticks and lipglasses, and can be adorned in neon packaging with Teyana Taylor Branding. The gathering can be accessible on MAC’s web site.

Care Bear Launches New Equipment Assortment

Irregular Selection, a UK based mostly style equipment model, has partnered with Cloudco Leisure, proprietor of leisure model Care Bears, to launch a brand new Care Bear-inspired equipment assortment. The road consists of a 34-piece assortment and showcase’s every bear’s particular person persona. Every type is crammed with intricate particulars that includes classic artwork type, together with rainbows, plushie stars, glowing gems and color mixtures. Care Bears is a fictional group of multi-colored bear characters, developed within the yr 1981 by artist Elena Kucharik, for use on greeting playing cards.

Qualcomm, Flipkart, and HRX Unite to Launch Wi-fi Audio Gadgets

American chipset maker Qualcomm Applied sciences has collaborated with Indian e-commerce big Flipkart, to launch a variety of wi-fi audio gadgets for the Indian market beneath the HRX model. The brand new audio assortment contains three products-two wi-fi neckbands and one wi-fi earbud. The merchandise are priced in between INR 1,499- INR 2,999 and can function Qualcomm’s cVc expertise.

DOMAIN NAME DISPUTE UPDATES

Leisure Earth Grabs Again the Infringed Area

Leisure Earth (‘Complainant’), a web based retailer and wholesaler of toys and collectibles headquartered at California, filed a site title dispute complain with the WIPO Arbitration and Mediation Middle towards Colin Avraam (‘Respondent’) a person based mostly in Canada for registering a confusingly comparable area www.entertainmentearth.store.com. As per the criticism, the impugned area title was used to redirect site visitors from the Complainant’s web site www.entertainmentearth.com. The impugned area title presently resolves to a Pay Per Click on (PPC) web page. The Respondent didn’t formally reply to Complainant’s contentions.

The Panel finds that the impugned area title is virtually an identical with the ‘Leisure Earth’ trademark of the Complainant because it incorporates the mentioned trademark in its entirety, and using the impugned area to host a parked web page comprising PPC hyperlinks doesn’t signify any authentic or bona fide pursuits in respect. Due to this fact, the Panel ordered the area www.entertainmentearth.store.com to be transferred to the Complainant.

GEOGRAPHICAL INDICATION UPDATES

Thammampatti Wooden Carvings to Get GI Tag

The Thammampatti wooden carvings, the signature paintings of artisans from the Salem area for over 75 years, is all set to change into Tamil Nadu’s 36th Geographical Indications (GI) product. The Thammampatti wooden carvings are usually derived from architectural particulars of temples or heritage idols, mythological occasions or tales, temple doorways, and pooja mandapams. The artisans use woods comparable to superior teak wooden (yellow teak), sandal wooden, rose wooden, and many others. and are fashionable for its massive sized sculptures. The method of wooden carving is setting pleasant with minimal publicity to chemical substances. The seasoning of the wooden is finished naturally by exposing it to totally different weather conditions and isn’t by a regulated course of. The appliance was filed by the Tamil Nadu Handicrafts Growth Company in 2013.

 

Authored and compiled by Uma T.S & Shreya Chaddha

About BIP’s Trademark Attorneys

The Trademark Information Bulletin is delivered to you by the Trademark/Copyright, IP Transactional Technique Divisions of BananaIP Counsels, a Prime IP Agency in India. Led by Sanjeeth Hegde, BIP’s trademark attorneys are among the many main specialists within the subject. When you’ve got any questions, or want any clarifications, please write to [email protected] with the topic: Trademark Information.

The weekly trademark information initiative is part of their professional bono work and is geared toward spreading trademark consciousness. You might be free to share the information with applicable attribution and backlink to the supply.

Disclaimer: Kindly observe that the information bulletin has been put collectively from totally different sources, main and secondary, and BananaIP’s reporters could not have verified all of the information revealed within the bulletin. You could write to [email protected] for corrections and take down.

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