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Delhi-HC
Delhi HC Says ‘VISTARA’ Deserves to be a Well Known Mark

The Delhi High Court (HC) has recently restrained Pilot 18 Aviation Book Store, an aviation studies web portal, from permanently selling and trading products with the ‘VISTARA’ mark. The Court strongly believes that ‘VISTARA’ is worthy of being declared as a Well Known Mark. It has also directed the owner of the web portal to pay a compensation of Rs. 2 lacs to the operator of Vistara Airlines, Tata Sia Airlines Ltd.

The ruling was directed by a Single Judge Bench of Justice, Prathiba M Singh, in the lawsuit filed against the defendant by the plaintiff, Tata Sia Airlines. The plaintiff had taken the case to Court after coming across the fact that the defendant was offering various things like badges, mugs, name tags, etc., with the ‘VISTARA’ mark in an identical device mark or logo form. Moreover, the items were being sold on many E-commerce portals, including Snapdeal and Amazon.

In the complaint filed, the plaintiff stated that the ‘VISTARA’ mark was registered in many jurisdictions like in India, Singapore, etc. Additionally, the plaintiff also claimed that the defendant wrongfully asserted that they were supplying branded aviation products with the mark ‘VISTARA’ to the airlines. On the other hand, the defendant contended that it had never used the trademark and even said that the plaintiff had concocted a fake story. However, the defendant’s claim was found to be false as the Local Commissioner came across a large number of items with the mark ‘VISTARA’ in the inventory of the defendant. The Court recorded that the defendant’s statement was a ‘grave misstatement’ in the face of the Commissioner’s report. Furthermore, it asserted that the defendant was not just selling products with mark ‘VISTARA’ but also with the names of various other airlines, including Air India, SpiceJet, and Jet Airways as well.

According to the Court, merchandise of products with the name of various airlines not only violated the Trademark Rights of the parties involved but also posed a threat since some unauthorized people could have entered into the airport based on counterfeit merchandise illegally bearing the trademarks of the respective airlines.

The Court also stated that the mark ‘VISTARA’ is quite famous in India as it has acquired a unique status and enjoys an enormous reputation in the travel, airline, and tourism industry. The Court further said that the use of this mark in any other unrelated services would create immense confusion and deception in the minds of people. Because of all this, the Court believed that the defendant was liable to be permanently injuncted from using the ‘VISTARA’ mark and had to pay the monetary damages as well.

Consequently, the owner of the web portal agreed that he had made a false statement in the Court and regretted doing the same. The question of ‘further action’ against the owner will be taken in the next hearing. Nevertheless, the Court has ordered the defendant to pay Rs 2 lacs (monetary damages) to the plaintiff within one month from the date of order.

13th August 2019 by admin 0
Trademark Registration
Kim Kardashian West’s ‘Kimono’ Lingerie Line Sparks Backlash

Kim Kardashian West, an American media personality and television star, has been accused of Japanese cultural appropriation after launching her new line of figure-hugging shapewear called “Kimono.” The reality star took to social media this week to unveil her new Kimono line, describing it as a collection of skin-tone-colored shapewear in a range of sizes. Kim stated that she had been working for a year on this underwear, which offers solutions for women who actually work.

The name of Kim’s new business venture “Kimono” is already wrapped up in controversy by angering a lot of people. Kimonos are traditional Japanese robes with wide sleeves and a V-neck worn at formal affairs and special occasions. Many people have criticized the hashtag “#KimOhNo” on social media by calling it disrespectful. A search of the online database for the US Patent and Trademark Office (USPTO) has revealed that Kardashian West’s new Kimono Intimates brand has applied for Trademark Registration for a specific font version of the word “Kimono.”

Japanese American actor, Tamlyn Tomita posted pictures of actual Kimonos on social media and criticized Kim for shamelessly selling a line of shapewear, which according to her, people don’t need at all. Although many people have opposed the shapewear, some believe that it could offer a chance to promote the traditional Japanese outfit, which is losing its popularity and essence in Japan.

Till now, Kim has not addressed the controversy, and is instead, using an alternate hashtag “#KimonoBody” along with posting pictures of her collection featuring bras, one-piece bodies, and high-waist underwear to promote her new lingerie line. She also revealed that her husband, Kanye West, drew the brand’s logo.

2nd July 2019 by admin 0
shoes news
Adidas Sued for using ///<3 in an Advertising Campaign

Adidas is being sued by Paul Ingrisano, owner of the trademark “I<3” for using “///<3” along with the letters “NYC” in the advertising campaign of its widely-known Ultra Boost Sneakers. The Ultra Boost running shoes at issue were advertised using “///<3 NYC” – translating to Adidas loves NYC ad campaign.

In his complaint filed at the New York Federal Court, Paul Ingrisano argued by stating that Adidas has maliciously used “///<3” in its advertising campaign and has knowingly disregarded his official rights in the mark. He also asserted that Adidas has directly or indirectly developed the mark “///<3” and started using it along with the initials “NYC” in its advertising campaign of Ultra Boost running shoes without his consent. Paul Ingrisano further alleged that Adidas infringed his rights on various platforms like social media posts, billboards, and promotion trucks in New York.

Adidas sued news

According to Mr. Ingrisano, the use of “///<3” by Adidas along with “NYC” is specifically confusing as he often combines his trademark with names of various cities and geographical locations including the initials “NYC”. Moreover, he also mentioned that the product on which the mark is being used – athletic footwear, is the same as used by him, which will lead to confusion among the customers.

As a consequence, Ingrisano is now seeking monetary damages and injunctive relief for his trademark infringement claim which would prohibit Adidas from using the mark “///<3” or any other confusingly similar trademark to promote its athletic apparel.

Though, this is not the first time that Adidas and Ingrisano have clashed in a battle. In 2013, Reebok, a footwear company and wholly owned subsidiary of Adidas went up to oppose the Trademark Application of Paul Ingrisano for registration of the “I<3” mark. At the appeal board of the US Patent and Trademark Office (USPTO), Reebok argued by saying that Ingrisano’s mark was identical to its previously registered mark “I3”, and should therefore not be registered. Ultimately, the dispute was settled in March 2014 when Ingrisano agreed to exclude his special purpose basketball apparel from his products and services which was a part of his registration in exchange for Reebok’s agreement to withdraw its case of opposition. Covering a wide range of footwear and apparel, excluding the special purpose basketball apparel, Ingrisano’s mark was finally registered in June 2014.

17th June 2019 by admin 0
KIPG
Apple Wins New Patent for Foldable Display

Apple Inc., an American multinational technology company headquartered in California, has recently managed to win a new patent for foldable screen display that could be used by the tech giant in its iPhones and other devices. As per the reports of CNN, the US Patent and Trademark Office (USPTO) granted this patent to Apple, which describes a flexible or bendable, display and cover for an electronic device.

This Patent Application filed by Apple last year in January is among a series of various patent applications that the company has made around the idea of the foldable screen display. Additionally, in the past, Apple has also filed patents for a flexible display along with features of touch sensors and portions that open, and close like a notebook, as well as for a flexible iPhone which could be folded in half and grip a person’s clothes.

KIPG

 

Moreover, earlier in 2018, Apple was successfully granted a patent for its foldable iPhone that used a flexible hinge and a fabric for its housing. This year in February, Apple had submitted a blueprint of a flexible or bendable smartphone which described a display folding in half or two-thirds. This display could be used in almost everything, ranging from smartphones and tablets to laptops, wearables, and even mobile accessories.

As per various reports, several companies, including Apple often apply for various patents that never come to fruition. Although many companies like, Samsung and Huawei have already presented their foldable displays at the MWC event which took place in Barcelona earlier this year, Apple is expected to release its flexible or bendable device in either late 2020 or early 2021.

According to Daniel Ives, an analyst at Wedbush Securities, Apple is still very much behind Samsung when it comes to flexible and foldable smartphones; however, Samsung’s Galaxy Fold has faced many technical issues along with its expensive pricing which would prove to be an advantage to Apple.

10th June 2019 by admin 0