Delhi HC Orders Cookware Brand to Delist Products with ‘Amul’ Name from Online Platforms

The Delhi High Court (HC) has recently ordered the owner of a cookware brand to stop producing products with the ‘Amul’ name and delist them from all the online platforms after well-known dairy brand Amul approached it in a Trademark Infringement lawsuit.

In the order passed on 28th October 2022, a single-judge bench of Justice Prathiba Singh directed the cookware brand selling its products under the Amul name, Maruti Metals, to write to all online platforms if the listings are not removed. The HC has further directed the online platforms to give effect to the order passed. Consequently, all branded cookware and pressure cooker products bearing Amul’s name shall remain delisted from all e-commerce and other online platforms.

Additionally, the HC has directed the manufacturer to destroy all existing packaging of the cookware brand under the Amul name.

Other than the delisting of products, the HC has allowed Maruti Metals to use a new mark or name called ‘Amulya’ as an interim arrangement for its set of products with the color and style of writing entirely different and distinct from the Amul mark used by the plaintiffs including the Kaira District Cooperative Milk Producers’ Union and Gujarat Cooperative Milk Marketing Federation Limited. The HC has also ordered the counsel at Maruti Metals to forward the new writing style and color combination to the plaintiffs’ counsel within a week.

The registered proprietor of Amul trademarks is the Kaira District Cooperative Milk Producers’ Union. It has further licensed the Gujarat Cooperative Milk Marketing Federation Limited to use the Amul trademarks for milk and milk products and other beverages and foods. The order specifies that Amul entered the dairy sector in 1948, and the Amul mark is well-known in India as one of the renowned brands for dairy products, procuring more than 250 lac kg of milk every day and owning the longest-running advertising campaign worldwide since 1966.

Amul moved to the Delhi HC in a trademark infringement lawsuit seeking a permanent injunction against the cookware brand from making, advertising, and selling saucepans, pressure cookers, and other cookware under the Amul Pressure Cooker or Amul Cookware mark, which it claimed is deceptively similar or identical to its own mark.

According to the HC, Amul is widely known across India, and dairy products and cookware are allied goods as they are both used in the kitchen. Therefore, it held that the use of an identical or deceptively similar mark concerning these products couldn’t be permitted as it may cause deception and confusion in the minds of the consumers. Furthermore, the HC held that the Amul brand deserves to be safeguarded well, even concerning unrelated goods, under the Indian Trademarks Act of 1999.

The HC, during the hearing, was informed that Maruti Metals was willing to change its cookware brand name from Amul to Amulya as an ad interim arrangement. While the plaintiffs were against this change, the HC held that the name Amulya used for cookware couldn’t be held to be deceptively similar or identical to Amul at this stage, specifically in the factual background of the said lawsuit.

The HC held that its point of view in the lawsuit in question is prima facie in nature, and the interim arrangement between the parties involved shall not bind the final judgment in the lawsuit post-trial. The matter shall next be heard on 24th January 2023. For more visit: https://www.trademarkmaldives.com

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Madras HC Temporarily Restrains MobilePe from Offering UPI/BHIM Services in TM Lawsuit

In a Trademark Infringement lawsuit filed by PhonePe (the Indian digital payments and financial technology company headquartered in Bengaluru, Karnataka), the Commercial Division of Madras High Court (HC) temporarily restrained MobilePe from offering any BHIM or UPI services.

After prima facie satisfaction that a case of deception has been made out by PhonePe, which is in a similar business line, Justice M. Sundar passed the interim order. The Madras HC said that in place of performing a side-by-side comparison, it stepped into the shoes of an average man with imperfect recollection and ordinary prudence and found a prima facie lawsuit of deception against MobilePe.

Additionally, the Madras HC noted that a possible irreparable legal injury aspect qua ‘Payments and Financial Services’ [‘UPI’ and ‘BHIM’] was also made out, which moved the aspect of the balance of convenience towards the grant of limited order of status quo as alluded to supra. Therefore, prima facie case, the balance of convenience and irreparable legal injury parameters impelled the Commercial Division of the Madras HC to grant the said limited order of status quo as of now.

The applicant/plaintiff in the said case, i.e., PhonePe, submitted evidence concerning it being the registrant or proprietor of the mark. It had even sent a Cease and Desist Notice to the defendant previously, which was followed by a reply, rejoinder, and surrejoinder. The plaintiff, after the surrejoinder, was made to believe that the defendant company, i.e., MobilePe, would not move ahead with its Trademark Application; however, on 29th August 2022, the plaintiff got to know that the defendant’s trademark application was approved.

After hearing the parties involved, the Madras HC got convinced that “contemplation of urgent interim relief” was made out under Section 12A of the Commercial Courts Act. However, the Madras HC made it crystal clear that MobilePe and its related companies can very well continue with all other business activities currently carried out by them, such as wallet recharge services. For more visit: https://www.trademarkmaldives.com

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Govt. of India Rewards IIT Madras with IP Awards for 2021, 2022

The Government of India has recently granted the National Intellectual Property Awards for the years 2021 and 2022 to the Indian Institute of Technology, Madras. The said University has been recognized as the top Academic Institution in the nation for the filing, grant, and commercialization of patents.

According to the official press release, the said awards are granted by the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India. Piyush Goyal, the Honorable Union Minister of Commerce and Industry, gave the awards to Professor V. Kamakoti, the IIT Director, at an event held on 15th October 2022 in New Delhi. The awards included a cash prize of Rs. 01 lac, a trophy, and a citation.

In an official statement delivered during the press release, Professor V. Kamakoti said that if any nation wants to become a world leader, safeguarding Intellectual Property (IP) is exceedingly vital. He further said that the awards granted to IIT Madras undoubtedly motivate the University to generate and protect more and more IP assets of societal impact leading to Atmanirbhar products during the Amrit Kal.

As per the official press release, the Dean at IIT Madras, Professor Manu Santhanam (Industrial Consultancy and Sponsored Research), stated that the University offers a fantastic research and innovation environment, which results in bringing out the best of its scientists, including the staff, students, and faculty members. He further mentioned that the IP Office of IC&SR also offers complete support for Patent Filing and technology transfer to the faculty members. He even said that access to the relevant search tools and highly qualified Patent Attorneys helps the University’s patent filing efforts.

The National Intellectual Property Award is presented to praise and reward the top institutions, achievers, enterprises, and individuals for their IP creations and commercialization, which contribute immensely towards strengthening the IP ecosystem in India. It is also granted to encourage their creations and innovations.

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E-Commerce Giant Amazon Launches IP Accelerator in the United Arab Emirates

E-commerce giant Amazon has recently launched an Intellectual Property (IP) Accelerator program in the United Arab Emirates (UAE), thereby making it convenient and more cost-effective for small and medium-sized businesses (SMBs) to obtain Trademark Registration, safeguard their brands, and tackle infringing products on Amazon.ae.

Available to any and every other brand selling on Amazon.ae, IP Accelerator directly connects SMB owners in the nation with a curated network of local law firms charging pre-negotiated, reduced rates on the prime services, thereby giving SMBs access to expert and professional legal and general advice on IP that may otherwise be cost-prohibitive or arduous to determine.

The Vice President at Amazon for the Middle East and North Africa, Ronaldo Mouchawar, said that Amazon is committed to supporting sellers, irrespective of their size, and introducing and innovating new resources to help them grow their businesses online confidently and keep connecting with millions of customers. He further said that Amazon is excited enough to launch the IP Accelerator program in the UAE, which is another tool that shall help businesses save effort and time as they safeguard their brands and gain customer trust.

In the UAE, the growth of the IP Accelerator program shall enable brands and businesses to connect with law firms and file Trademark Applications with the United Arab Emirates Ministry of Economy, thereby making it simpler and cost-effective for SMBs to obtain exclusive Trademark Rights along with safeguarding their brand names and tackling counterfeit products. The said program facilitates the process by working with law firms and attorneys holding expertise in drafting trademark applications and removing or dealing with common obstacles that could otherwise delay the trademark registration of a mark.

In addition to Amazon’s IP Accelerator program, its brand protection tools help businesses of all sizes to safeguard their brand and IP assets even when their trademark applications are pending. Amazon’s Brand Registry is a free-of-cost service providing SMBs with powerful tools to help them protect and manage their brand name and exclusive trademark rights in Amazon stores. Brands and businesses benefit from Amazon’s automated and data-driven protections specializing in proactively removing inaccurate or suspected infringing content as well as from tools that enable them to detect and report a suspected infringement. Enrollment in Brand Registry also offers brands and businesses extensive influence over product information displayed on Amazon’s product detail pages to help customers make informed and confident buying decisions.

Amazon does not ask selling partners to pay some amount to use the IP Accelerator program; SMBs pay their law firms directly for the work done at pre-negotiated, reduced rates.

Businesses interested in using the IP Accelerator program can visit the link given below:

https://brandservices.amazon.ae/ipaccelerator

Law firms and attorneys interested in participating in the program can use the link given below:

https://brandservices.amazon.ae/ipaccelerator/contact

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Delhi HC Restrains Foreign Company From Using ‘TATA’ TM in Cryptocurrency Trading

The Delhi High Court, ruling in favor of Tata Sons Pvt. Ltd., has permanently restrained a UK-based company from unauthorisedly using the Registered Trademark ‘TATA’ of the Indian conglomerate for marketing and selling digital tokens or cryptocurrency.

Justice Prathiba M. Singh recently confirmed an ad interim injunction order of the Division Bench. She passed an order of permanent injunction against ‘HakunaMatata $TATA Founders,’ which has now changed its name to Hakumatata Token Ltd. and launched a new business website.

The Appellate Court had even asked the domain name registrar and company to take down the websites in the said lawsuit, including www.tatabonus.com and www.hakunamatata.finance.

In its order passed on 27th September 2022, the Delhi High Court said that the lawsuit in question was liable to be decreed by way of permanent injunction granted based on paragraph 30 of the judgment dated 19th September 2022, passed by the ld. Division Bench of the Court extracted hereinabove. The Court further said that no other reliefs were pressed.

Although the websites in question had no physical presence in India but were accessed in the nation daily, Tata filed the lawsuit seeking a permanent injunction restraining violation or infringement of its registered trademarks.

On 19th September 2022, the Division Bench had set aside an order passed by the Single Judge refusing interim relief to Tata Sons Pvt. Ltd. While the Single Judge didn’t have a doubt over Tata’s entitlement to file the lawsuit in Delhi, it did, however, have a doubt over its extraterritorial jurisdiction to issue a legal injunction against the overseas parties through the way of an ad-interim order.

The Division Bench, in appeal, ruled that there undoubtedly were sufficient indicators to assume jurisdiction for deciding the application for an ad-interim injunction.

‘HakunaMatata $TATA Founders,’ subsequent to the filing of the lawsuit in question, took down its websites www.tatabonus.com and www.hakunamatata.finance and even changed its company name. It also launched a new website called ‘www.hakunamatatatoken.com’ by removing all references to the ‘TATA’ mark. Moreover, the name of the company’s cryptocurrency was also changed to $HKUN Token.

However, Tata Sons Pvt. Ltd. did send a legal notice seeking an undertaking from the company that it would never use the ‘TATA’ mark in the future, to which it didn’t receive any response.

Justice Singh, perusing screenshots of the websites, noted that other than changing the name of the cryptocurrency and domain names, even the ‘TATA’ merchandise being sold on the websites was rebranded as ‘HKUN.’

The Delhi High Court also mentioned that the defendant was repeatedly given notices and summons; however, they chose not to appear before the Court. The Court said that since no other physical or email addresses were available to contact the defendant and the impugned websites were also taken down, issuance of further notices and summons to the defendant in the lawsuit discussed became an impossibility. As of now, the defendant is being proceeded against ex parte. For more visit: https://www.trademarkmaldives.com

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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 30th 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

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