Recently, the Federal Court at Ontario, Canada permanently barred a company, Amul Canada from infringing the trademark and copyright of India’s dairy giant, Amul. On observing that Amul Canada directed public attention to their business by advertising their product using their brand image and name, as well as corporate information via LinkedIn in such a way as to cause confusion, the Canadian Federal Court, ruled against Amul Canada. Amul Canada was ordered by the Court to transfer all rights access, administration, and control for and over the LinkedIn pages/accounts together with any other LinkedIn pages/accounts, domain names, and social media pages registered to or controlled by it displaying Amul’s trademark to Amul within 30 days of the order.
The Khadi and Village Industries Commission (KVIC) has recently secured trademark registrations in three more countries – Bhutan, UAE, and Mexico making the total number of countries where Khadi’s brand name is protected to nine. Apart from the already registered nine countries, Khadi has filed its trademark applications in 40 other countries. Due to its recent massive popularity, Khadi intends to safeguard the interest of its consumers, and lakhs of Khadi artisans who are manufacturing genuine Khadi products. And the series of trademark applications are considered a big stride towards protecting the identity of brand “Khadi” globally. KVIC has currently got trademark registrations in various classes pertaining to Khadi fabric, Khadi readymade garments, and village industry products like Khadi soaps, Khadi cosmetics, Khadi incense sticks among others.
The General Court of the EU handed down a decision annulling the EUIPO and Board of Appeal’s decisions that a mark filed by Guerlain lacked distinctive character. This decision emphasises that a distinctiveness assessment of a three-dimensional mark must be undertaken by reference to the specifics of common practice in the market for the relevant products. The General Court’s decision emphasised that assessment of distinctiveness by reference to the aestheticism of any aspect of the mark is concerned with “determining whether that product is capable of generating an objective and uncommon visual effect in the perception of the relevant public”. Guerlain’s ultimate success in registering this mark also demonstrates that cosmetic and fragrance producers can hold out hope for the future and their ability to register distinctive 3D packaging.
The U.S. Court of Appeals for the Ninth Circuit issued a decision in Social Technologies LLC v. Apple Inc. in which the appellate court affirmed a district court’s grant of summary judgment in favor of Apple after finding that there was no genuine issue of material fact as to whether Social Technologies made bona fide use of the “MEMOJI” trademark in commerce in connection with mobile phone application software.
Google has been fined $593 million for failing to comply with temporary orders which were given by France’s news publishers. Google has two months to come up with proposals on how it would compensate news agencies and other publishers for the use of their news. If not, they will face an additional fine of up to 900,000 euros a day
According to a security researcher, cyber criminals have been sending out fake copyright complaint notifications to Facebook users with malicious links that can harm computers. They have created several pages in the name of Copyright Constraints Page 2021. The message which warns the users claims to be from the Facebook Security Team. Several Members of Parliament, MLAs, government officials and other celebrities have been tagged in the posts by the criminals. “Beware!! Hackers are targeting almost all Politicians, Celebrities, Media and famous Facebook accounts globally. You may receive a fake Copyright Complaint notification on FB. Don’t click on the link. It’s Malware/Ransomware,” cybersecurity researcher Rajshekhar Rajaharia tweeted.
The legal fraternity of India had recently bid adieu to one of its most IP savvy judicial forums, namely the IPAB (Intellectual Property Appellate Tribunal). Tribunals such as the IPAB were dissolved by the Government vide The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, issued by the Ministry of Law and Justice, which was recently notified in the official gazette. As noted in our earlier article/update on the subject matter, all proceedings which were pending with the IPAB shall be transferred to the Court before which it would have been filed had this Ordinance been in force on the date of filing of such appeal or application. Thus, the functions of the IPAB have been transferred to the appropriate High Courts. The Hon’ble Delhi High Court had issued a press release, inter alia announcing their directive to create an Intellectual Property Division (IPD) in the Delhi High Court for the purpose of avoiding multiplicity of proceedings and to avoid the possibility of conflicting decisions with respect to same trademarks, patents, designs, etc. The said Intellectual Property Division, besides dealing with the original side matters, shall also deal with the Writ Petitions (Civil), CMM, RFA, FAO relating to Intellectual Property Rights disputes, except those cases which are to be dealt by the Division Bench of this Hon’ble Court (under the Commercial Courts Act).
Bajaj could be planning to resurrect the ‘Caliber’ brand as the company has recently filed a trademark for the same. The Kawasaki Bajaj Caliber was a popular commuter bike in the 1990s. It was powered by a 111.6cc, single-cylinder, air-cooled engine. Later, it was replaced by the CT100 and the Platina. The trademark for the ‘Caliber’ expired in 2008, which has now been renewed in 2021. This has led to speculations about a new model that could be offered with either a 115cc or 125cc engine. It’s not just Bajaj that is bringing back brands from the past. TVS too has recently trademarked the ‘Fiero 125’ name. Again, the Fiero was a popular model back in its day and as the name suggests, the new bike would have a 125cc engine.