Recently, the Supreme Court of United States held that marks which are generic when combined with a top-level domain name may qualify as registrable marks provided the consumers do not consider them to be generic. The decision is in USPTO v. Booking.com B.V. By an 8: 1 majority the matter has been decided against USPTO….
Recently, the Supreme Court of United States held that marks which are generic when combined with a top-level domain name may qualify as registrable marks provided the consumers do not consider them to be generic. The decision is in USPTO v. Booking.com B.V.. By an 8: 1 majority the matter has been decided against USPTO….
SEASON 1 EPISODE 1 – 27th June, 2020 Introduction In the 2014 movie ‘PK’, a humanoid alien comes to the planet Earth (aka, ‘Gola‘) for a research. Unfortunately, the alien gets stranded on Earth after losing his communication device to connect to his spaceship and eventually ends up exploring different ways of human behaviour, set…
Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas Case No. D2009-1247 before Administrative Panel, WIPO Arbitration and Mediation Center Date of decision: 30th October, 2009 Brief Facts: The Complainant, Barkha Dutt, a known figure in the media and particularly recognised for her reporting from conflict regions filed the present Complaint before WIPO for transfer of domain…
Julia Fiona Roberts v. Russell Boyd Case No. D2000-0210 before WIPO Arbitration and Mediation Center Date of decision: 29th May, 2000 The Complainant was Ms. Julia Fiona Roberts, a famous film actress who had appeared in films such as Notting Hill, Pretty Woman, Erin Brockovich etc. The Complainant was widely featured in celebrity publications, movie…
“There are marks which are different from other marks. There are names which are different from other names. There are names and marks which have become household words.” – Hon’ble Mr. Justice Mahinder Narain, Hon’ble High Court of Delhi (Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan; 1994 PTC 287) Abstract: Intellectual Property has many…
Intellectual Property Attorneys Association v. The Controller Genreral of Patents, Designs & Trade Marks & Anr. 2019 (80) PTC 486 (Del) Delhi High Court Aggrieved by the practice of the Trade Marks Office of not giving speaking orders toward srefusal of trade mark registration and thereafter relying upon Rule 36 of the Trade Marks Rules,…
Amrish Agarwal v. Venus Home Appliances Pvt. Ltd. 2019 (80) PTC 414 (Del) High Court of Delhi The Learned Trial Court had taken on record the Certificates for use in Legal Proceedings of the trade marks of the Plaintiff at the stage of final arguments. Aggrieved by the said order, the Defendant had filed the…
Qualitex Co. v. Jacobson Prods. Co. 514 U.S. 159 (1995) Supreme Court of the United States Brief Facts of the case: Petitioner (Qualitex) used a special shade of green-gold colour on the pads that is made and sold to dry cleaning firms for use on dry cleaning presses since 1950s. In 1989, Respondent started using…
Libertel Groep BV v. Benelux-Merkenbureau Case No. C-104/01, European Court of Justice, 6th May, 2003 The Applicant had applied for registration of the Colour Orange for telecommunications goods and services before Benelux Trade Marks Office (BTMO). The application form contained an orange rectangle and in the space for describing the trade mark, the word ‘orange’…
In Re General Electric Broadcasting Company, Inc. 199 U.S.P.Q. 560 (TTAB, 1978) Brief Facts: Applicant filed an application to register a mark consisting of the sound made by a Ship’s Bell Clock as a service mark for Radio Broadcasting Services. The mark was described as “a series of bells tolled during four, hour sequences, beginning…
Edgar Rice Burroughs Inc v OHIM (R708/2006-4) Board of Appeal Date of decision: 27th September, 2007 In 2004, the Applicant applied for registration “The Tarzan Yell”[1] through a sonogram. The sonogram/proposed sound mark is depicted herein below: The examiner did not consider the sonogram as an acceptable ‘graphical representation’ of a sound mark and relying…