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

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

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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Usain Bolt Moves to File Trademark Application for His Signature Victory Pose

Usain Bolt Moves to File Trademark Application for His Signature Victory Pose

More often than not, sportspersons have their signature victory poses, which they break out after a memorable point of their career, like Gareth Bale’s heart sign that he makes with his fingers and Lionel Messi pointing both fingers towards the heavens. Perhaps in the world, one of the most recognizable poses for the victory celebration belongs to Usain Bolt. The athletics icon has recently filed a Trademark Application for a logo showing his signature victory celebration pose. The retired Jamaican sprinter submitted the trademark application in question with the US Patent and Trademark Office (USPTO) last week.

Mr. Bolt is known worldwide for his signature victory move in which he leans back and gestures to the sky. He routinely struck the pose after setting world records and winning gold medals. He still holds world records for 100m and 200m, which makes him the fastest man in history.

The logo filed by Usain Bolt for obtaining Trademark Protection depicts the silhouette of a man in a unique pose with one arm bent and pointing to the head and the other arm raised and pointing upwards. According to the Trademark Filing, Mr. Bolt intends to use the logo on sports bars and restaurants and items including shoes, jewelry, and clothes.

As per a Washington DC-based Trademark Attorney, Mr. Josh Gerben, it makes utmost sense for Mr. Bolt to expand his business empire since he has now retired from the racing world. He further mentioned that the silhouette of Mr. Bolt’s victory pose is widely recognized across the globe. He feels that the Trademark Registration in question would enable the athletics icon to offer the items listed in the trademark application himself or license the exclusive right to use the trademark to third parties.

It was at the 2017 World Championships in London when the eight-time Olympic gold medalist retired from athletics. He could only manage to win a bronze medal in his penultimate race, the men’s 100m, before pulling up injured just as he began to hit the top speed at his final event, the 4*100m relay.

When Mr. Bolt was asked if he would consider returning to racing, he said that too many people retire and come back to the game only to make it worse or to shame themselves, and he wouldn’t ever be one of those people. For more visit: https://www.trademarkmaldives.com

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Delhi HC Restrains Use of Facebake & Other Facebook Formative Trademarks

Delhi HC Restrains Use of Facebake & Other Facebook Formative Trademarks

The Delhi High Court (HC) has permanently restrained the use of marks, including ‘Facecake,’ ‘Facebake,’ Facebook marks, the visual representation of Facebook, and other Facebook formative trademarks of the social media giant, in a Trademark Infringement suit filed by Meta (previously known as Facebook).

Justice Naveen Chawla has awarded nominal damages of Rs. 50,000 against the defendants and in favor of the American multinational technology conglomerate, Meta Inc. The Delhi HC has also directed the defendants to pay the amount of the trademark infringement lawsuit to the plaintiff, Meta.

Meta had moved to the Delhi HC after being aggrieved over the use of the ‘Facebake’ mark by defendant no. 1 Mr. Noufel Malol who was allegedly replicating the visual representation of Facebook by copying its look and feel, font, color scheme, and commercial impression, and was, therefore, deliberately trading off the significant goodwill established in Facebook marks.

The scenario mentioned above came into Meta’s knowledge when it saw the advertisement of the defendant’s Trademark Application in the Trade Marks Journal seeking Trademark Registration for its mark ‘Facebake.’

Meta had also initiated opposition proceedings against the said trademark application, claiming that the defendant’s use of the similar mark infringed upon its statutory and common law rights. It had further claimed that the defendant was involved in dilution, passing off, and unfair competition.

According to Meta, on service of the ad-interim order of injunction, the ‘Facebake’ mark was changed to ‘Facecake,’ which, in turn, was deceptively similar to Meta’s Facebook mark to the same extent.

The Delhi HC, in this matter, said it could never be disputed that Meta’s marks are well-known in India and that their overall reach and user base are pretty evident from the documents and info submitted by it. The Court further observed that Meta has all the trademark registrations in place in various classes of goods and the use of a similar mark undoubtedly amounts to unfair competition, which is and shall always be detrimental to the reputation and distinct character of Meta’s Facebook marks.

The Delhi HC also mentioned that though there is some distinction between Meta’s marks and those of the defendants, the visual representation of the marks adopted by the defendants depicts their mala fide intent in obtaining unfair advantage by using a mark similar to that of Meta. The Court even stated that the same results in dilution of Meta’s marks.

According to the Delhi HC, an unwary consumer might believe that the defendants, in this case, have some connection with Meta. Moreover, the mala fide intent of the defendants is pretty clear from the instance that upon knowing the ad-interim injunction passed by the Delhi HC, they changed their mark from ‘Facebake’ to ‘Facecake’ by changing only one letter but decided not to appear before the Court to defend the lawsuit in question. For more visit: https://www.trademarkmaldives.com

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eBay Steps Into the Metaverse and NFTs with Trademark Application Filings

eBay Steps Into the Metaverse and NFTs with Trademark Application Filings

The American multinational e-commerce company, eBay, is the latest mainstream brand to step into the metaverse by filing various Trademark Applications for different products.

The e-commerce giant has applied trademarks for:

  • Non-Fungible Tokens (NFTs), NFT Exchanges, and NFT Trading
  • Virtual Goods Marketplaces
  • Online Retail Stores with Physical & Virtual Goods

The trademark applications for the same were submitted to the US Patent and Trademark Office (USPTO) on 23rd June 2022. The news of these trademark applications was revealed by licensed Trademark Attorney Michael Kondoudis on 28th June 2022 in a tweet.

An overview of the trademark applications filed shows that eBay is looking forward to offering products like an interactive website in the metaverse, enabling users to engage with digital assets on the blockchain. Besides, the e-commerce company has plans to provide exchange services concerning NFTs.

As the concept of the metaverse is growing at a high pace, e-commerce platforms are lining up to be among the significant beneficiaries providing features like personalized experience for customers and secure customer engagement while enhancing customer experience.

Noticeably, the e-commerce giant’s venture into the metaverse might ramp up its overall business and attract new potential customers as it battles the ongoing economic meltdown.

As per multiple reports, eBay’s stock had been downgraded on June 28th after losing over 30 percent of its value year to date despite being a pioneer marketplace.

eBay’s competitor Amazon has also suggested its interest in the metaverse by disclosing plans to improve customer experience through an augmented virtual room called Amazon View. The product shows customers the basic layout of their homes in 3D.

Nowadays, most brands and businesses belonging to different industries are entering the metaverse, primarily driven by the need to increase customer interaction. Much recently, the world’s leading chocolate manufacturer, Mars Inc., filed for an NFT trademark application for its widely recognized brand M&M.

Other companies investing in the metaverse include fast-food chains such as KFC and McDonald’s. The DeLorean Motor Company, notably the DMC DeLorean, filed two NFT trademark applications this year in May.

All in all, such trademark applications have accelerated, with reports suggesting that NFT-related trademarks in the US surpassed 4,000 between 1st January 2022 and 31st May 2022. For more visit: https://www.trademarkmaldives.com

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Twitter Restrains Singapore-Based Tech Firm from Using Bird Logo as Trademark

Twitter Restrains Singapore-Based Tech Firm from Using Bird Logo as Trademark

A local Singapore-based tech firm, V V Technology, has recently been restrained by the American social networking and microblogging platform, Twitter, from using a bird logo as its trademark following a dispute with the social media giant over the trademark’s registration. The start-up had plans of displaying the bird logo in a mobile app on which it has been working since December 2018. The objective of the mobile app is to serve as a platform hosting an extensive range of services and products catering well to the users’ personal and lifestyle requirements, such as food delivery and online shopping. The app is yet to be launched.

On its official website, V V Technology has mentioned that it uses the latest technology, including blockchain and AI, to reinvent the workspace and is dedicated to creating a smart and comprehensive enterprise and work management suite. An online check conducted by a Singaporean newspaper showed that the firm worked with the students of the Singapore Management University on projects focusing on online business solutions in 2019. Furthermore, the firm obtained a travel agent license from the Singapore Tourism Board two years ago for being able to provide travel-related services and products on its mobile app.

On 10th September 2018, V V Technology filed a Trademark Application to register a logo of a bird in flight. Twitter opposed the Trademark Registration by arguing that the logo was way too similar to its bird mark, which is an already existing Registered Trademark, among other things.

The American social media giant eventually defeated V V Technology in the case, with Mr. Mark Lim, the principal assistant registrar of trademarks, giving a judgment in its favor.

In his ruling dated 11th March 2022, Mr. Lim found that the two marks in question, although to a low extent, are visually similar. Among several other aspects, both logos portray a bird in the side profile and don’t show any features, such as the eyes. He also stated that the two logos are conceptually identical as they represent the notion of ‘bird in flight.’

In evaluating whether the consumers would get confused by the two logos in question, Mr. Lim said that the reputation and brand image of Twitter’s logo would reduce the possibility of confusion. However, he also found that the consumers may still get confused as they may perceive an economic link between the two logos. They may either believe that V V Technology’s logo is a new version of Twitter’s icon or that it is a modified logo that Twitter is using for its new set of digital services concerning its current business. He didn’t agree with V V Technology’s argument, which said that people who use mobile apps are digital natives. The tech firm had claimed that mobile app users were unlikely to get easily confused or deceived by the two logos. In his grounds of decision, Mr. Lim said that while some people may be more tech-savvy than others, a substantial proportion isn’t. He agreed with Twitter when it said that some services offered by both companies, including the ones related to the provision of info, are likely to be offered at low costs or for free. He added that an average customer is likely to pay a low or below-average degree of attention while procuring such services and is, therefore, more likely to get confused between the two logos.

When it comes to V V Technology’s mobile app, Mr. Lim said that there is no compelling reason concerning why an individual would pay due attention before installing a mobile app that is free of cost. He further stated that even if the wrong mobile app is installed, it is pretty simple to delete it and install the correct one. For more visit: https://www.trademarkmaldives.com

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Red Bull Steps Into NFTs & the Metaverse With Trademark Application Filing

Red Bull Steps Into NFTs & the Metaverse With Trademark Application Filing

The metaverse, generally defined as a network of 3D virtual worlds focused on social connection, has captured the attention and interest of many household brands across the globe in the past few weeks and months.

The latest company making a big transition into the metaverse is the Austrian energy drinks brand, Red Bull. The company filed a Trademark Application on 3rd March 2022, indicating its plans to enter the virtual reality world, metaverse, and offer branded Non-Fungible Tokens (NFTs). The trademark application filed by Red Bull with the US Patent and Trademark Office (USPTO) is under the Trademark Registration number 97293326.

Michael Kondoudis, a licensed metaverse trademark attorney, recently took this news to Twitter by revealing that Red Bull has plans to offer multimedia with NFTs (including both virtual and cryptocurrencies), drinks, clothing, sports gear, and financial exchange services, among many other products in the virtual environment.

The trademark filing suggests a possible Red Bull zone in the metaverse, where fans could conveniently buy clothing, drinks, and equipment and engage well in widely recognized Red Bull-sponsored adrenaline-sports activities.

Fans entering the metaverse could also have access to Red Bull crypto for purchasing products and availing of services. As already seen elsewhere, NFT holders may be able to redeem NFTs for attending concerts and sports events virtually along with real-life events.

When it comes to sports, Red Bull is a major sponsor in conventional sports games, including Basketball, Soccer, F1, and NASCAR. Although conventional sports have risen in popularity, Red Bull has been synonymous with extreme sports as well ever since its inception, including cliff diving, BMX & skateboarding, mountain biking, and freestyle skiing, which form an integral part of Red Bull’s Extreme Sports annual calendar.

The metaverse could enable sports fans and admirers to engage well with athletes and be present at events. It could also allow them to stay virtually active at Red Bull’s more extreme sports events alongside cliff divers and freestyle skiers.

It is worth mentioning that businesses, firms, and celebrities have been growing their presence in the metaverse for quite some time now, with Red Bull being the latest example of following this quickly growing trend.

Increased levels of investment in the metaverse and NFTs imply that individuals no longer need to be present in person at events. Art, fashion, film, music, sports, and many other industries have taken a step closer to entering this virtual world.

Fast-food restaurant chain McDonald’s, the American lingerie, clothing, and beauty retailer Victoria’s Secret, energy drink manufacturer Monster Energy, and the American multinational retail corporation Walmart have all entered the metaverse. The New York Stock Exchange (NYSE) also couldn’t withstand the attraction of the metaverse.

The number of NFT-based trademark applications filed in the United States climbed 421 times in 2021, which accounts for a significant gain when compared to just 03 in 2020. All in all, we can say that the opportunities in the metaverse are endless. For more visit: https://www.trademarkmaldives.com

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Snoop Dogg Files Trademark Application for a Hot Dog Brand ‘Snoop Doggs’

Snoop Dogg Files Trademark Application for a Hot Dog Brand ‘Snoop Doggs’

The American songwriter, rapper, actor, entrepreneur, and social media personality Snoop Dogg has recently filed a Trademark Application for a hot dog brand known as ‘Snoop Doggs.’  Snoop Dogg’s lawyers have filed an intent-to-use trademark application with the US Patent and Trademark Office (USPTO) for the term ‘Snoop Doggs.’ The application states that the rapper is looking forward to using the term in question for selling hot dogs and some other types of sausages.

In 2011, Snoop Dogg had filed a similar trademark application for an ice cream venture known as ‘Snoop Scoops,’ but no products were ever released or sold under that company.

However, in 2020, the rapper launched his brand of gin known as ‘INDOGGO.’ He collaborated with the founder of Trusted Spirits (a company specializing in developing and marketing beverage alcohol brands), Keenan Towns. They came up with a ‘laid-back California style’ drink inspired by the rapper’s 1994 song known as ‘Gin and Juice.’

In 2018, Snoop Dogg broke the Guinness World Record for coming up with the largest gin and juice beverage across the globe. The drink measured more than 132 gallons and was prepared using 180 gin bottles, 154 apricot brandy bottles, and 38 orange juice jugs.

Last year in November, the rapper released ‘The Algorithm’ that marked his 19th studio album. The album also served as Snoop Dogg’s first project for Def Jam Recordings (an American multinational record label) after becoming the label’s executive creative consultant back in the same year in June.

NME’s (New Musical Express – a British film, music, and culture brand and website) Kyann-Sian Williams said in a three-star review of Snoop Dogg’s ‘The Algorithm’ album that it brings together hip-hop lovers of all ages. He further added that the album would probably appeal more to the older hip hop cynics. For more visit: https://www.trademarkmaldives.com

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Buick Files Trademark Application for ‘Electra’ in Canada & The US

Buick Files Trademark Application for ‘Electra’ in Canada & The US

Buick, a division of the American automobile manufacturer General Motors (GM), has recently filed a Trademark Application for ‘Electra’ with the Canadian Intellectual Property Office and the US Patent and Trademark Office (USPTO), dated 20th December 2021. Electra is a name familiar under the Buick brand label. The application for the same is filed under the “Motor Land Vehicles, Namely, Automobiles.”

It was at Auto Shanghai (officially called the Shanghai International Automobile Industry Exhibition) last year when the automaker disclosed the concept of the Electra electric crossover. It was intended to display Buick’s brand new, minimalistic language and design, along with its electrified underpinnings. With the filing of this trademark application, there are a lot of many speculations and expectations for the American carmaker bringing over the concept into the United States, perhaps possibly in production form.

It is imperative to note in this case that Buick already filed a trademark application for ‘Electra’ back in 2012. The company held the trademark application till 2014 till the USPTO invalidated the same as neither the ‘Statement of Use’ nor the request for the ‘Extension’ was filed timely after the Notice of Allowance was issued. So, with this new trademark application, it seems as if Buick is moving ahead with the name of its upcoming electric vehicle.

The Buick Electra concept revealed in China blends the looks of a sleek GT car with a four-seat crossover. The concept’s prime highlights and features include 23-inch wheels, illuminated Buick badge, thin-slit headlights, and butterfly doors; however, as per the rumors, not all these elements would reach the production stage, if at all.

The Buick Electra AWD (All-Wheel Drive) came with 02 electric motors putting out 583 horsepower (428.796 kilowatts). It is powered and supported by Ultium batteries that enable up to 372 miles, i.e., 598.676 kilometers of range.

Electra will be sharing its platform with the Cadillac Lyriq (battery-electric crossover). It uses only a single electric motor on the rear axle to produce a power of 254 kW (340 hp) and a torque of 325 lb-ft (440 Nm). With a single charge of its 100 kWh battery, it can reach over 300 miles (482.803 km). The Lyriq Performance AWD is anticipated to offer better numbers, which could be pretty close to what the Electra has promised in its concept form. For more visit: https://www.trademarkmaldives.com

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No More ‘Fair & Lovely’ – HUL Seeks Trademark Registration for ‘Glow & Lovely’

No More ‘Fair & Lovely’ – HUL Seeks Trademark Registration for ‘Glow & Lovely’

Hindustan Unilever Limited (HUL) might soon greet all its customers with ‘Glow & Lovely’ from its shelves. The FMCJ major has decided to drop the word ‘Fair’ from its widely known fairness cream ‘Fair & Lovely’ and is now seeking the Trademark Registration for the new name ‘Glow & Lovely.’

Although HUL (the Indian subsidiary (headquartered in Mumbai) of Unilever PLC, which is a British-Dutch multinational company) hasn’t yet disclosed the new name for its ‘Fair & Lovely’ brand; however, the company, on 17th June 2020, did approach the Controller General of Patents, Designs, and Trademarks to get the name ‘Glow & Lovely’ registered. As per various recent reports, the company’s Trademark Application, at present, has been sent for Vienna Codification, which helps to classify the figurative elements forming a part of the proposed trademark.

A spokesperson for HUL mentioned in a recent statement that Trademark Protection is a significant aspect for every other brand out there, and considering the same, the company has indeed applied for several trademarks. According to the spokesperson, some of the trademark applications have received the registration while some are pending. The company is looking forward to registering other brand names as well; however, at the same time, it also wants to manage the unveiling of the new brand name carefully. By doing the same, the company wishes to make sure that the market doesn’t become full of counterfeit and unsafe products.

In 2018 as well, HUL had applied for a trademark under the name ‘Glow & Lovely;’ it was, however, rejected.

In the “Goods and Service Description” in its recent trademark application, HUL has specified that the intended use of ‘Glow and Lovely’ will revolve around oils, soaps, lotions, creams, facial masks, beauty packs, to name a few. It will also cover shaving preparations, skincare preparations, pre-shave, and aftershave preparations, depilatory preparations, cologne, and sun tanning and sun protection preparations.

HUL has recently mentioned that it will remove the word ‘Fair’ from its widely known ‘Fair & Lovely’ brand as part of its parent Unilever’s global rebranding exercise. Although the move has come at a time where there are massive voices against racial stereotyping; however, HUL has insisted that its step has nothing do with the ongoing anti-racism movement in West. According to HUL, it has been efficiently working on the global evolution of the Rs 2000-crore brand for many years. The company has also mentioned that its other skincare portfolio shall adopt a holistic vision towards beauty, too, by celebrating all skin colors and caring for everyone. For more visit: https://www.trademarkmaldives.com

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