September 2022 - Blog | Trademarkmaldives

Happy Belly Bakes vs. Amazon – Bengaluru-Based Small Bakery Wins Trademark Battle

It’s a big win for small-time establishments as a Bengaluru-based bakery has recently won a prolonged trademark battle against the e-commerce giant Amazon. The bakery, Happy Belly Bakes, was entangled in a legal Trademark Dispute over the trademark of the name ‘Happy Belly’ with Amazon. A civil court in Bengaluru recently issued an order refraining Amazon from using the name or label ‘Happy Belly’ and removing products having a similar name or label from the e-commerce giant’s online platform in India.

Happy Belly Bakes, founded by Shisham Hinduja and Thripti, started with the duo manufacturing handcrafted chocolates on exclusive orders from a friend’s outhouse. Happy Belly Bakes, previously known as ‘Regalar,’ has held Trademark Registration for the name ‘Happy Belly’ since 2016.

In 2010, Thripti decided to follow her passion for baking. Her partner, Shisham, used her captivating marketing style to ensure that the treats baked by Thripti found their way to the appropriate ‘bellies.’ The combined extensive knowledge, creativity, and work of Thripti and Shisham allowed them to expand pretty well until the inauguration of their very first central kitchen at Richard’s Park, which was way too quickly followed by the opening of their first café.

During the holiday season of 2017, Shisham began receiving calls from customers inquiring if she had started selling her products on Amazon. It was then that Thripti and Shisham found out that Amazon also sold bakery products, snacks, and dairy products under the global private-level brand called Happy Belly. Delaware-based Tootsie LLC filed a Trademark Application for ‘Happy Belly’ in 2016 but turned out unsuccessful in registering it. Due to such activities, Happy Belly Bakes sued Amazon Seller Services, Tootsie LLC, and Cloudtail India.

This year on 30^th August, more than four years later the lawsuit’s filing, the judge ruled out in favor of Happy Belly Bakes. Amazon Seller Services has been directed to remove all products misleadingly similar to Happy Belly Bakes’ trademark from its Indian online marketplace. The e-commerce giant even argued in court by saying that Happy Belly Bakes lacked reputation and goodwill, as per the ruling. However, the court took no account of this argument and stated that the contention only shows the defendants’ arrogance.

In a recent statement delivered, Thripti said it feels empowering to win the lawsuit in question specifically because it’s against Amazon. She stated that Happy Belly Bakes knew it was on the right path and had to stand up for the same. According to Thripti, Happy Belly Bakes has prospered because of its employees, constant efforts, and supportive clients. She mentioned that the crew plays a crucial role in the development and success of Happy Belly Bakes, even if the bakers are not trained; they are uneducated and know very basic English or regional language. Consequently, Thripti and her other team members require writing the recipe, demonstrating it, and guiding them well to ensure they perform all the tasks correctly.

Thripti also said that 90% of the staff at Happy Belly Bakes is now women. Earlier, Happy Belly Bakes used to employ chefs from educated backgrounds, but now it is helping uneducated women to become chefs. She further stated that Happy Belly Bakes keeps itself updated with the ongoing trends and sees what’s trending or fresh. In addition to its celebratory brownies and cakes, Happy Belly Bakes also offers a vegan collection with a variety of cakes, including apple walnut cakes, dark chocolate raspberry cakes, and many more flavors. For more visit: https://www.trademarkmaldives.com

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Delhi High Court Directs Telegram to Reveal its Channels’ Source & Details

The Delhi High Court (HC) has recently directed the globally accessible freemium, cloud-based, cross-platform instant messaging service, Telegram, to go against its privacy policy and reveal the source and details of its channels. The Delhi HC wants the platform to disclose the details of channels and devices used to disseminate alleged copyright infringing content, along with the email ids, IP addresses, and mobile numbers of such users, in a sealed cover.

By dismissing Telegram’s argument, which said that it couldn’t reveal user information as the same would infringe upon its privacy policy and the laws and regulations of the jurisdiction where its physical servers are located, Justice Prathiba M. Singh stated that even under the provisions of the IT Act, including Section 79(3)(b), Telegram is responsible for expeditiously removing or disabling access to the unlawful material or content, without vitiating the evidence in any manner.

In this case, the Delhi HC was dealing with a lawsuit filed by plaintiffs Neetu Singh and K.D. Campus Pvt. Ltd, seeking a permanent injunction restraining Copyright Infringement, damages, and other relief concerning the unauthorized dissemination of the plaintiffs’ books, lectures, videos, etc.

In the 51-page long order given by the Delhi HC to Telegram, the Court said that Indian courts would be appropriately justified in ordering Telegram, which runs its significant and massive operations in India, to adhere to the Indian laws and regulations, and orders passed by them for disclosure of crucial information relating to infringers.

The order further mentioned that just because of Telegram’s argument stating it chooses to locate its server in Singapore, the same can’t result remediless against the actual infringers. It even asserted that if such arguments are accepted, specifically in the present era, where most dissemination takes place through online messaging platforms and services, then Intellectual Property (IP) violations and infringements would go entirely unchecked.

The order specified that the provisions of the IT Act and the Rules made therein have to be construed harmoniously with remedies and exclusive rights provided to the copyright owners and holders under the Indian Copyright Act. As per the order, the Indian courts are competent enough to decide issues concerning copyright infringement; the mere fact that Telegram runs a messaging service in India and chooses not to locate its servers in the nation can’t deprive the Indian courts of dealing well with copyright-related disputes or the copyright owners of availing their remedies in the Indian courts.

The order even mentioned that in the current era of cloud computing and declining national boundaries in data storage, the conventional concepts of territoriality couldn’t be applied strictly, which is why the dynamic evolution of law is crucial to ensure appropriate remedies in copyright infringement instances and violation of other IP laws. For more visit: https://www.trademarkmaldives.com

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Honda Files Patent Application for Scooters’ Airbag System in India

A recent Patent Application filed in India by Honda (a Japanese public multinational conglomerate holding expertise in manufacturing automobiles, motorcycles, and power equipment) shows that the company is working efficiently on an airbag system for its scooters. The patent drawings of this specific case demonstrate the airbag system mounted on a petrol-powered model belonging to Honda’s PCX line-up. It indicates that this model is where we could expect to see the airbag system being deployed.

As per the Patent Filing, some of the vital aspects of Honda’s airbag system in scooters are as follows:

The system uses a single airbag directed at the front and mounted near the handlebar;
An inflator is placed adjacent to the airbag; and
Accelerometers are used to detect a vehicle crash.

When we talk about the pioneers of airbag technology on two-wheelers, Honda makes it to the list with a series of touring motorcycles manufactured by it called the Gold Wing. The Honda Gold Wing motorcycles are offered with a robust airbag system. Now, the patent filing in question shows that the company is working sincerely towards employing the airbag system on its line of scooters as well.

The patent application shows an airbag directed at the front and mounted near the handlebar of one of Honda’s petrol-powered PCX models. A small cylindrical housing aft of the headstock comprises the airbag and the inflator, which is likely to be a canister filled with compressed gas. The said airbag system is still a project under development. The reason behind the same is that previous patent filings show the airbag housing placed ahead of the handlebar, while in the current patent filings, the airbag housing is placed closer to the rider.

The airbag system features a control unit, which receives data from the accelerometers and sends the command to inflate the airbag. The accelerometers are used to detect a vehicle crash, after which the control system sends the command for inflation.

Among the several other technologies presently being developed by Honda is a new hub motor, also known as an in-wheel motor. It has also been recently patented in India. According to various reports, it could be incorporated into one of Honda’s upcoming electric scooters in the Indian market. For more visit: https://www.trademarkmaldives.com

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Kashmir Seeks Geographical Indication (GI) Tags for Five of its Crafts

The northernmost region of the Indian subcontinent, Kashmir, is seeking Geographical Indication (GI) tags under the Intellectual Property Rights (IPRs) for five of its crafts, some of which also include its cultural makers.

The Government of Kashmir has stated that it is seeking GI Registration for Kashmir Gabba and Namda (02 types of Valley-specific woolen rugs), Kashmir Willow Bat, Shikara (pleasure boats on Dal Lake), and Wagguv (mat made of reed and paddy straw).

In a recent statement delivered, the Directorate of Information and Public Relations (DIPR) said that Mr. Tariq Ahmad Zargar (the Directorate of Handicrafts & Handloom, Kashmir) held a detailed discussion with the authorities of Intellectual Property India (IPI) in Chennai to accelerate the GI registration process of the five crafts in question. The DIPR further said that the dossier for the GI registration of the five crafts has already been submitted to the IPI in Chennai, which is the apex-level organization dealing with the registration and better protection of GIs concerning goods in India.

GI, in the words of the World Intellectual Property Organization (WIPO), refers to a sign used on products having a particular geographical origin and possessing qualities or a reputation due to that origin. Remember that the product’s reputation, characteristics, or qualities should be specifically due to the place of origin.

Discussions regarding the GI submission of three more products of Valley, including willow wicker, copperware, and chain stitch crafts, were also held, which are already under consideration by the department for GI registration.

In this context, the Government mentioned that GI tagging has now acquired a greater significance and relevance since the focus has shifted towards Vocal for Local.

Seven handicrafts made in Kashmir, including Pashmina, Kani Shawl, Paper-Machie, Khatamband, Walnut Wood Carving, Sozni, and Hand Knotted Carpets crafts, have already been given the GI tag by the body. The Government has specified that it has even pushed the demand for the production and sale of the previously-mentioned products. For more visit: https://www.trademarkmaldives.com

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NIT-R Secures Patent for Machine to Measure & Predict Lifespan of Materials

In India, the National Institute of Technology Rourkela (NIT-R) is one of the premier national-level institutions for technical education. Formerly known as the Regional Engineering College Rourkela, NIT-R is funded by the Government of India. It has recently secured a patent for developing a machine to measure and predict the lifespan of composite materials used in the manufacturing and construction sectors.

The 2018 BTech (Bachelor of Technology) batch students, namely Souvik Biswas and Chetan Kumar Hirwani, along with their professor of Mechanical Engineering, Subrata Kumar Panda, developed the machine titled ‘Fatigue and Creep Testing Machine for Nonmetallic/Composite Materials.’

According to NIT-R sources, the trio, on behalf of NIT-R, had filed the Patent Application for the innovation in question in 2018. Under the Indian Patents Act of 1970, the Patent Office of the Union Government has recently granted it approval for twenty years. They stated that the Fatigue and Creep Testing Machine for Nonmetallic/Composite Materials provides an efficient way of estimating the fatigue life-cycle of composite panels.

Composite panels refer to sandwich structures comprising several layers bonded together to create cored laminates, multilayer sheets, or industrial structural panels. They are manufactured from a wide variety of plastic, metal, ceramic, glass, wood, and fiber-based composite materials. They are largely used for roof construction on commercial buildings, internal structures, and external walls.

Professor Panda, while elaborating on the functionality of the machine in question, said that when a person uses the charger of his mobile, its wire often gets damaged due to extensive folding, messing it up, or using it. He mentioned that through this machine, a person would be able to estimate how many times the bending or folding of a flexible material could be done before it fails. In the same way, according to him, when composite panels are used in constructing buildings or any other scenario where bending or folding is a common mode of failure, a person can predict the entire product life cycle. Professor Panda also stated that the machine is expected to have extensive utilization in aviation, automobile, defense, and allied industries. For more visit: https://www.trademarkmaldives.com