EdTech Company upGrad Sues Scaler Alleging Trademark Infringement

EdTech Company upGrad Sues Scaler Alleging Trademark Infringement

EdTech firm, upGrad, has recently filed a Trademark Infringement lawsuit in the Delhi High Court against its fellow EdTech company called Scaler. According to upGrad, Scaler has violated the Intellectual Property (IP) related to its trademark. The company has now sought damages worth more than rupees three crores.

upGrad has accused Scaler of illegally using its business/brand name, i.e., ‘upGrad,’ on Google Ads to appear on top of the search results on Google, thereby gaining illicit benefits.

As per a recent press statement issued, the Delhi High Court, in this case, has granted an ad-interim injunction in upGrad’s favor. Also, until further notice, the Court has ordered Scaler not to bid on the Registered Trademarks (or any other variants) owned by upGrad using Google Ads or any other keyword program.

The CEO (India) at upGrad, Arjun Mohan, said in a recent statement that the lawsuit filed would ensure the protection of upGrad’s IP and trademarks and would also discourage unauthorized and unlawful usage in the future. He further said that upGrad has undoubtedly made considerable investments in building its brand name, which makes it even more essential for them to safeguard their rights. He also mentioned that the team at upGrad is looking forward to evaluating and filing trademark infringement lawsuits against other EdTech firms involved in similar Google Ads bidding activity.

Quite recently, the Delhi High Court, in a similar Google Ads lawsuit, granted an interim injunction in favor of MakeMyTrip (an Indian online travel company headquartered in Gurugram, Haryana) and against its competitor, HappyEasyGo (an online platform that caters to act as a one-stop solution for travel needs). In the same lawsuit and as part of the recent orders passed, the Court also directed Google to suspend/block the Google Ads account owned by HappyEasyGo.

In another lawsuit filed on similar grounds by DRS Logistics (one of the most trusted names in India in the field of logistics and transport), the Delhi High Court said that Google could never really exonerate itself from the liability of ensuring that a specific keyword doesn’t infringe upon a registered trademark. For more visit: https://www.trademarkmaldives.com

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PhonePe Decides to File a Fresh Lawsuit Against BharatPe Alleging Trademark Infringement

PhonePe Decides to File a Fresh Lawsuit Against BharatPe Alleging Trademark Infringement

PhonePe (a digital payments and financial services company headquartered in Bangalore, India) has recently decided to file a fresh lawsuit against BharatPe’s ‘buy now, pay later’ platform known as PostPe over Trademark Infringement. For this, PhonePe is now withdrawing its previous petition (over PostPe violating the ‘Pe’ trademark of the brand) filed in the Bombay High Court.

The Flipkart-owned PhonePe said in a recent statement delivered that the company would file a fresh lawsuit against BharatPe and continue opposing the use of ‘PostPe’ or ‘postpe’ mark ardently.

PhonePe had earlier approached the Bombay High Court to seek an injunction for restraining ‘Resilient Innovations’ (which operates BharatPe) from misusing its Registered Trademarks by using and promoting the ‘PostPe’ or ‘postpe’ mark.

The Court, during the hearing, noted that Resilient Innovations’ PostPe mark is indeed visually, structurally, and phonetically similar to the PhonePe mark, due to which, even it thought that the ‘PostPe’ or ‘postpe’ mark is a natural evolution of the word PhonePe and has emanated from the same. However, for addressing some specific observations noted by the Court in the pleadings filed by PhonePe, the company is now withdrawing the lawsuit. It will be seen filing a fresh suit for opposing the adoption of the mark ‘PostPe’ or ‘postpe’ mark by Resilient Innovations. PhonePe said that while allowing the withdrawal of the lawsuit and keeping the contentions and rights of both parties open, the Court granted it the liberty to come up with a fresh lawsuit.

A BharatPe spokesperson said in a statement delivered that the company doesn’t wish to comment on any part of the recent proceedings in the Bombay High Court that haven’t been recorded in the order passed. He further added that the company would eagerly wait for the receipt of the order that has recently been passed by the Bombay High Court to maintain the dignity of the entire legal process. He also mentioned that the bottom line of the case remains that PhonePe has now withdrawn its previous lawsuit, and it is needless to say that BharatPe would continue defending any legal action that PhonePe threatens to use against it.

In the meantime, PostPe is heavily advertising itself across various mediums. Recently, it came up with the ‘De Dena Aaram Se’ campaign, which is live across multiple TV and digital channels – throughout the ongoing ICC World Cup 2021 and the festive season. For more visit: https://www.trademarkmaldives.com

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Glow & Handsome – HUL Seeks Injunction against Emami over Trademark Allegations

Glow & Handsome – HUL Seeks Injunction against Emami over Trademark Allegations

Hindustan Unilever Ltd’s (HUL) recent move to rename and rebrand its widely known skincare products – ‘Fair & Lovely’ to ‘Glow & Lovely’ and ‘Men’s Fair & Lovely’ to ‘Glow & Handsome’ – has now landed in the Bombay High Court.

The FMCG major, HUL, has quite recently moved for an injunction against Emami Ltd’s decision to initiate legal proceedings against it for Trademark Infringement. In its petition filed, HUL had sought that it should receive a legal notice at least seven days before Emami takes legal action. The court has now granted the interim relief to HUL.

According to HUL, Emami’s threats of legal proceedings are completely baseless as HUL applied for the trademark in question well before Emami. However, Emami has now been threatening HUL after launching ‘Glow & Handsome’ name change digitally and announcing the same one week before HUL.

In its petition filed, HUL claimed that it had applied for the Trademark Registration of the names of women’s and men’s skincare products with the Controller General of Patents, Designs, and Trademarks, two years ago in September and October, respectively. However, both the trademarks were denied on 26th July 2019.

This year, HUL again decided to rename and rebrand its skincare products for projecting a way more inclusive idea of beauty. The company reapplied for the same names on 17th June and 25th June 2020, respectively. According to HUL, the announcement for the name change was made on 2nd July 2020, and the permission to sell the products under the new name came on 3rd July 2020. In a recent statement delivered, HUL stated that Emami is yet to launch a product under these two names.

After hearing all the preliminary arguments, the court noted that HUL is indeed the prior adopter of the mark as it did file the corresponding Trademark Applications first in September 2018 and then this year on 25th June. The court believes that the statements made by Emami do amount to a threat; however, after hearing both the sides, the court shall soon determine whether they are unlawful or groundless. The court has also directed Emami to give seven days prior written notice to HUL before taking any legal action against it. For more visit: https://www.trademarkmaldives.com

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8 Significant Trademark Terms You Must Know

8 Significant Trademark Terms You Must Know

In the present era of rapid advancements and cut-throat competition, the importance of Intellectual Property (IP) is exponentially increasing. Besides significance, thefts and unauthorized uses of IPs are also multiplying, thus making the owners think about the protection of their valuable IP. Amongst the several ways in which one can safeguard his/ her IP assets, trademark registration appears to be the easiest one when it comes to the protection of the businesses’ unique brand names, logos, or slogans. Apart from preventing the use of one’s hard work without his/ her permission, the trademark serves him/ her business with remarkable goodwill and reputation. And this is what makes it the foremost choice of many entrepreneurs and companies worldwide.

Trademark is assuredly emerging as one of the excellent kind of IP and interests more and more businesses, you still need to comprehend some frequently used terms while planning obtaining protection for your mark. In this article, we will explain a few important trademark terms in simple and understandable language.

  1. Trademark

 It can be anything like a sign, symbol, name, sound, or word that distinguishes its proprietor’s products or services from that of others.

  1. Class

A trademark class represents a distinct group of goods and services. As per the NICE Classification, which is an international classification system followed by most registries, the class of goods and services to which the trademark pertains must be specified in the application. There are many trademark classes, and each class holds various goods or services, which are not always obvious from the class name. Under NICE Classification, goods and services are divided into 45 classes, out of which 1-34 define goods while 34-45 include services.

  1. Priority Claim

Priority claim refers to a right given by the majority of countries worldwide to the applicant of a trademark that has been filed for the very first time. Under this, the applicant applying for registration of a mark for the first time is granted the right to claim priority while filing applications to register the same mark in other countries within six months from the date of the first filing. If priority is claimed, the second application would be considered as having been filed on the same date of the first filing. As a consequence, the applicant will enjoy prior rights against applications filed by other parties from the date of filing in the first nation.

  1. Infringement

Trademark Infringement is an issue, which occurs when a mark that’s identical or confusingly similar to another company’s trademark is used without the owner’s permission.

  1. Trademark Journal

 It is where the mark is published if the application hasn’t been refused by the duty officer during the trademark registration process. In this way, the Trademark Law provides the public with a legal opportunity to file an opposition against the registration of the associated mark. Note that the opposition should be filed within a limited period before Trademark Protection is granted.

  1. License

It is an agreement amid a trademark owner (licensor) and another party (licensee), where the licensor allows the licensee to make specific and limited use of his/ her trademark. These licenses are often subject to royalty payments.  

  1. Symbols ® and ™

The symbols ® and ™ represent that the term on which these are put is someone’s trademark. ® means that the trademark is registered with the associated registry, and this symbol cannot be used before the Trademark Registration Process is completed. However, ™ can be used if the company is using its mark as a trademark even though it hasn’t yet applied for their mark.

  1. Distinctiveness and descriptiveness

As the prime purpose of a trademark is to identify its origin, it must be distinctive to the consumers to be accepted by the registry. In general, arbitrary trademarks like Blackberry and fanciful trademarks like Nike are considered as the most distinctive ones. Along with being distinctive, your trademark should be descriptive, i.e., it describes some characteristics like the quality, quantity, value, origin, or intended purpose of the goods or services. Descriptive trademarks cannot be secured as a trademark unless their extensive usage enables them to have acquired distinctiveness.

The above information will hopefully prove beneficial for you, no matter whether you want to register your trademark or provide your Registered Trademark as a license to any third party. In other words, the data will help you in protecting as well as monetizing your trademark. For more visit: https://www.trademarkmaldives.com

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All About the Trademark Registration in Maldives

All About the Trademark Registration in Maldives

A trademark is a type of Intellectual Property (IP), which includes a logo, brand name, or sign that can distinguish your products and services from those of others. Hence, Trademark Registration in Maldives or at any place is one of the best and legal ways to restrict others from using your unique mark. For instance, the logo of NIKE and its tagline JUST DO IT are registered trademarks, and therefore, cannot be used by any unauthorized user. In other words, no one can use this logo or tagline without the consent of the original owner.

A Registered Trademark can benefit the owner in several ways. For example, it reduces the chances of theft and misuse of original assets, creates the brand reputation and goodwill among the targeted customers, etc. So, we can say that trademarking your logo, sign, or name is an excellent means to enjoy remarkable advantages like:

  • Robust Trademark Registration Protection that keeps your assets secured against infringement
  • Better sales of your products and services by creating goodwill among consumers.

In view of the above merits, it is always recommended (even by the experienced IP Attorneys) to go for trademark registration as soon as you could. Nonetheless, trademark laws are country-specific, i.e., different nations have different laws. For instance, the Trademark Law of Maldives may not possesses the same rules as Trademark Law in India does. Hence, before proceeding to register a trademark, it is better to comprehend the law according to the country where you want to do so. Here, in this article, we will discuss the trademark registration in Maldives.

Indeed, there is no specific legislation that governs the Trademark Registration Process in Maldives. Here, the question arises – if there’s no specific law governing registered trademarks in Maldives, then how do people secure their trademark rights. And the answer is – the protection of trademarks in this country is obtained by the publication of the Cautionary notice in the newspaper in English or local language.

Trademark Registration Proceedings

As discussed above, the Trademark Protection in Maldives is acquired by publishing a cautionary notice in the leading newspaper. This notice can be published for multiple classes or a single class. The application can undoubtedly include products and services in any number of classes, but for each additional class, the applicant needs to pay additional charges. Power of Attorney isn’t required. The entire procedure to acquire trademark protection by using Cautionary Notice in Maldives may take around 2 to 4 weeks.

Although this procedure to obtain trademark protection doesn’t include filing, advertisement, and examination, the following information regarding the mark needs to be involved in the cautionary notice:

  • Name, status, address, and nationality of the proprietor
  • If the mark is a logo, then JPEG image of the same
  • Classes and specifications of relevant products & services.

Note that there is no limitation to the size of the cautionary notice.

Trademark Registration Duration and Renewal

Due to the lack of trademark law, the protection of trademarks in Maldives is obtained and used under common law, i.e., cautionary notice. Accordingly, there is no rule for the duration and renewal of trademarks. Nonetheless, the re-publication of the cautionary notice is recommended every two to three years.

Publishing a cautionary notice as per common law in Maldives is a way to make the public aware of the original owner’s ownership on the mark. Thus, the same can assuredly be brought to the Court in the case of Trademark Infringement. Hence, if you desire to enjoy the benefits of doing business in Maldives without any fear, cautionary notice is the safest and fruitful way. Be confident and go for this easy-to-get-protected option now. Nevertheless, if you face any difficulty or have any doubt, feel free to reach an experienced Trademark Attorney or Intellectual Property Law Firm in Maldives. These are the professional helping hands that will serve you with the best possible aid. Because of being familiar with almost everything to be used or avoid for ensuring robust trademark protection, they will keep you away from issues like the rejection of your request, infringement upon or violation of your mark, and many more. For more visit: https://www.trademarkmaldives.com

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Europe’s Top Court Adviser Says Amazon Must Check for Trademark Infringements

Europe’s Top Court Adviser Says Amazon Must Check for Trademark Infringements

An adviser to Europe’s top court has recently said that Amazon, the US online retail giant is not liable for unconsciously stocking products causing Trademark Infringement for third-party sellers, but should be careful in checking whether the products are legal or not.

The adviser gave his opinion on a case pitting Amazon against the US cosmetics firm Coty. The dispute reflects one of the many battles amid online platforms like Amazon, eBay, etc., fighting against online business barriers and luxury products firms seeking to preserve their branding and exclusivity. The opinion from Manuel Campos Sanchez-Bordona, the advocate general at the Court of Justice of the European Union (CJEU), came in response to a case concerning Coty’s German subsidiary. It is the subsidiary that took Amazon to a German court for stocking its Davidoff perfume for third-party sellers.

Coty said that such practices infringe on its trademark rights, and Amazon should be responsible for stocking trademark infringing products.

Campos Sanchez-Bordona said that the companies, which are unaware of trademark infringements, cannot be held liable for storing such products for third-party sellers. He also raises the question of the online platforms’ responsibility for the content transmitted or products sold on their sites. He even said that if the firms actively participate in disseminating the products and operate schemes like Amazon’s, then they must show diligence in checking the legality of products advertised or sold on their platforms.

Amazon’s Scheme

The US online retail giant under its scheme known as “Fulfilled by Amazon” stores and delivers products for third-party sellers and this is one of the main features of its whole business model.

Campos Sanchez-Bordona continued by saying that the companies should be aware that they cannot absolve themselves of responsibility. They must understand that without this control, their platforms can serve as a channel for advertisement and sale of counterfeit, stolen, illegal, or unethical products.

Amazon, in regards to this, said that it made efforts to combat fake products on its platform. The company added that they continuously invest heavily in battling against bad actors and are committed to turning counterfeits to zero on their platform. Moreover, courts have ruled in their favor in the first two instances of this action, and they are now expecting preliminary legal clarification from the CJEU.

Nonetheless, Coty did not immediately respond to the request, but the Luxembourg-based court, which looks in the majority of cases related to such non-binding recommendations, would normally provide a verdict in the next two to four months. For more visit: https://www.trademarkmaldives.com

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How to Develop a Trademark Strategy for Your Business?

How to Develop a Trademark Strategy for Your Business?

Are you planning to develop your business? It is significant to have a unique and distinct brand that’s recognizable by consumers as a sign of quality, trust, and satisfaction. These types of brands that attract business profits on one side are vulnerable to be infringed by others like competitors on the other side. Hence, a good trademark strategy is vital to create a brand that is easy to sell, satisfies the consumers, and maintains a distance from issues like Trademark Infringement. Trademark strategy can also help in ensuring that a unique name or logo representing your business will remain a symbol of your goodwill and reputation, instead of becoming descriptive of specific products originating from anyone.

Steps to Develop a Fruitful Trademark Strategy

  1. Execute Trademark Search

In the brainstorming stages of building your brand, a trademark search is helpful to determine whether or not any confusingly similar or identical trademark that can prevent Trademark Registration in regards to your product already exists. A trademark search, though, seems a little bit costly for firms having limited financial resources, yet it can help you in saving a lot of your hard-earned money that may likely get wasted on rebranding products and services once they were launched or promoted. It can also prevent issues like trademark infringement, and therefore, wastage of financial resources on settling them.

One can conduct a preliminary trademark search on his/her own. However, this type of search only captures trademarks identical to your mark in most cases. Besides, it fails to determine trademarks that have different spellings but the same sound, for example – Life and Lyfe. Accordingly, it is recommended to seek the help of an experienced Intellectual Property (IP) Attorney or trademark solicitor while conducting a trademark search.

  1. Be Careful About the Trademark Registration Process

After being familiar with the fact that trademarks can add a remarkable value to your brand, you may get tempted towards obtaining Trademark Protection in India or other nations for every symbol, name, etc., representing your business. Before proceeding, note that as the trademark registration procedure is country-specific, obtaining and enforcing several trademarks can be expensive as well as difficult. As a consequence, registering every single item in the vast suite of your business products doesn’t make commercial sense. Hence, Trademark Registration in India or any nation should always be carried out after prioritizing trademarks based on the value they provide and having complete information regarding how the process is carried out in the relevant nation.

  1. Market Your Trademark

The subsequent step in the trademark strategy procedure is to publicize your Registered Trademark to consumers so that they associate it with the satisfaction and quality related to your products and services. Do you rely on websites and social media platforms to advertise your products? Securing domain names and social media accounts will help in preventing competitors from making profits by using the same or similar names or accounts.

  1. Ensure Proper Usage

One pitfall trademark holder can fall into is condoning inappropriate trademark use by consumers and influencers in the area, spreading the usage in vernacular. One of the best examples of this is “Google®,” which was initially trademarked as a search engine but soon became a common verb to showcase searching for anything online. Although this isn’t always problematic for large brands; however, for small ones, it can lead to disastrous outcomes.

How can you prevent devaluing your trademark in this way? Ensure using your trademark protection for generic products or services that you are selling or planning to sell. Consider developing your marketing strategy based on the comparisons like – Kleenex® is the softest versus Kleenex® facial tissues are the softest. Avoid using your trademark in plural form instead of singular if it has been registered as a singular term.

  1. Fight Against Competitors

The aim behind developing a powerful trademark strategy is to make sure that your brand is the only one that makes profits on the goodwill and reputation you have created. To prohibit trademark infringement, you need to notify others regarding your trademark rights in as many as possible instances. For instance, if your trademark is registered, then you should showcase your trademarked term with ®. On the other hand, if it not registered, still you should mark it with TM symbol often put in superscript to notify others that you’re using the relevant symbol, word, or other as a trademark.

Wrapping Up

The precise trademark strategy can create goodwill and reputation that will uplift your brand from better to the best. Don’t forget that careful consideration and execution of an appropriate trademark strategy is not just beneficial but also essential to shaping consumer perception of your business’ products and services. For more visit: https://www.trademarkmaldives.com

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Backcountry Faces Customer Scrutiny over Trademark Lawsuits

Backcountry Faces Customer Scrutiny over Trademark Lawsuits

Backcountry, the enormous online outdoor retailer supporting backcountry.com that has known as Utah home for the last 23 years, is suffering from a flood of criticism as word spreads about the online website moved to sue dozens of smaller outdoor brands and sellers for using the word “Backcountry” in their name or product description.

Backcountry, which first got the word trademarked in 2004, has filed some additional Trademark Applications emphasizing the usage of the term in the intervening years. And then, it has launched a legal invasion against around 50 different defendants listed in a publicly available document from the United States Patent and Trademark Office (USPTO).

So far the companies being sued over Trademark Infringement have ranged from an independent ski manufacturer – Snapperhead Inventions/Marquette Backcountry – for their Marquette Backcountry Ski, which is being sold under the term since 2010 to Backcountry Babes, an avalanche safety course instructor and jean manufacturer Backcountry Denim Co., known as BDCo. Although some companies like Backcountry Babes have already settled the matter with Backcountry.com, others such as Marquette Backcountry are gearing up for legal battle.

The lawsuit details that Backcountry requests exemplary and punitive damages in the form of amount enough to punish and deter defendants, along with setting an example for them as well as others. Now, after engaging in such a legal dispute, Backcountry is unlikely to end the chaos with a sympathetic public image. Complicating things is the fact “Backcountry” has been in common usage for nearly a decade before the firm’s founding, and many people feel it is unfair for a company to try or secure exclusive rights to the common word. As a result, the #boycottbackcountry has been spreading rapidly throughout the internet, especially social media, with almost every individual from potential consumers to professional athletes speaking against Backcountry.

A Utah-based trademark and Patent Attorney asked people to remain anonymous to evade any professional backlash. The attorney said that considering a few initial research and without being familiar with all the facts of the lawsuit, it looks like the company is trying to strengthen its trademark by not letting others use it. If firms don’t enforce their mark, there’s always a chance that it could later turn enforceable. Everybody should think of a trademark as a weapon instead of a shield. It further added that some specific rules should be made for generic terms, and these must not be secured under trademarks. Backcountry’s Trademark Registration in the year 2004 states that it was for mail-order services, computerized retail services, retail store services, but since then, it has expanded a lot.

John H.Kim was the individual who applied for the trademark on behalf of Backcountry in 2018. Backcountry hasn’t responded to several requests revolving around the issue. As considered now, the firm is forging ahead with multiple branded items that could have remarkable implications for other members going forward in the industry. Note that Backcountry has yet to comment publicly on the dispute. For more visit: https://www.trademarkmaldives.com

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TM and R: What Role These Trademark Symbols Play In IP Industry?

TM and R: What Role These Trademark Symbols Play In IP Industry?

Trademark, also written as trade-mark, is any word, name, design, symbol, or combination thereof used to indicate the source of products to identify and distinguish them from goods of others. Undoubtedly, the definition of this exclusive Intellectual Property Right (IPR) is clear to most of us, but what about the vital elements related to it. Besides, queries like whether you can use a specific mark and when can you file a trademark application, there are several areas of trademarks around which confusion abound. One remarkably confusing area is TM and R symbols. People often appear confused with what these two trademark symbols represent, when should one use them, etc.

What do TM and R Symbols Represent?

The TM symbol, which can be used by any individual or company, indicates that a particular word, logo, sign, or phrase is a trademark intended to work as an identifier for the source of the relevant product or service. To use a TM symbol, the owners don’t need to have a Registered Trademark. In general, many companies opt to use this symbol for new goods or services in advance of and during the Trademark Application Process.

On the contrary, the R symbol indicates that the specific word, phrase, logo, or sign is a Registered Trademark, and only the owner or licensee has the legal rights of ownership to use it. It must be used only in the regions in which the owner possesses a valid Trademark Registration.

Can TM and R Symbols be Used at Any Time?

The precise answer to this question is both yes and no. In the case of the first one, i.e., TM, where you want to use a word, phrase, sign, or logo as a trademark intending to identify your company as the source of products or services, you are free to do so any time. As per some privileges under the common law of many companies, you can use TM symbol without applying to register a trademark. However, it enables you to obtain the protection, which is quite lesser as compared to that you could have enjoyed as the owner of a registered trademark.

In cases where you don’t want to or unable to go for trademark registrations, the use of the TM symbol can be a strategic decision. It allows you to tell the public that you are using this brand as a trademark, which over an extended period, will become recognizable in the marketplace as an identifier for your business. Moreover, it also signifies that you have legalities to protect your brand in mind, and thus, ultimately act as a deterrent to severe Trademark Infringement.

On the other hand, the R symbol can never be used without successfully registering your trademark with the associated trademark office. The use of symbol R on the mark that has not been registered is a criminal offense. Doing so can leave you with penalties or behind bars. Hence, whenever you decide to use a trademark symbol, it is better to proceed after being aware of the rules related to that symbol. Although it is possible to obtain the required information from several sources, knowledgeable IP Lawyers can be the best option. They can provide you with precise info, clear your doubts, and assist you in getting rid of any legal concern if you have already misused any mark.

What Should Be the Location of TM and R Symbols?

The upper right corner of the sign, logo, or word is the most common place to put these two significant trademark symbols. Nevertheless, placement of the symbols on the bottom right corner is also acceptable in cases when placing them on the top don’t appear pleasing.

Bottom Line

Here at the end, you have a wealth of information about symbols TM and R that will help you to secure your valuable assets under the Trademark Protection. Recognize your needs and select the symbol that suits you. Although using the symbols even on the registered mark is not necessary, electing to use them is a good idea as it can prevent issues like infringement, and thus, limit the losses that you otherwise can come across. If you want to know about any other trademark symbol or more regarding these two, then consult an adept Intellectual Property Law Firm. Having years of experience in the Intellectual Property industry, they can serve you with the best possible guidance! For more visit: https://www.trademarkmaldives.com

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Facebook Faces Trademark Infringement Lawsuit over Calibra’s Logo

Facebook Faces Trademark Infringement Lawsuit over Calibra’s Logo

A mobile banking firm – Current has picked a Trademark Infringement battle against Facebook Inc. over the logo for its new digital wallet Calibra, with which the social media giant’s cryptocurrency project Libra has to deal with yet another issue.

Facebook introduced Calibra as the subsidiary that will oversee its cryptocurrency plans, including the development of a digital wallet.

According to the plaint submitted by Current in the US District Court for the Southern District of New York on 10th October 2019, Calibra’s logo is confusingly similar and virtually identical to the mark that the plaintiff began using in August 2016.

Now, where the case turns more interesting is the fact that the designer of both logos is San Francisco branding firm – Character, named as a defendant in the current lawsuit. The complaint revealed ‘the logo designing company hadn’t informed Calibra that the logo it was providing to them appears identical to the logo it had designed for Current to use for banking services.’

It is still unclear how all that happened, but Current has filed an application relating to its logo on June 26th, some days after Facebook unveiled Calibra.

Current’s CEO Stuart Sopp said that the similarities in both logos are since Facebook introduced Calibra. He added that his company had worked with Character for around six months to get the logo. Facebook has all resources and money in the world, and if it has truly wanted to turn banking services more inclusive and fair, it should have come up with its ideas and branding, like his team. 

In its application for an injunction, Current said that all efforts like conversations through emails or over phone calls relating to a mutually acceptable resolution of the infringement matter had been unsuccessful. The plaintiff added that Facebook hadn’t responded to its letters objecting Calibra to use the infringing mark, thus compelling it to knock the door of the court to get preliminary and permanent injunctive and monetary reliefs. Appearing confusingly identical and virtually similar to Current’s logo, Calibra’s mark is resulting in irreparable damages to its reputation, goodwill, and market. Moreover, as the marketing channels that both companies use to advertise, market, and promote their services are the same, the infringed logo is likely to generate remarkable confusion and deception, Current explained. 

Concerning such news, Facebook’s Libra Association, the non-profit foundation formed to oversee the cryptocurrency, has been losing founding members. Following PayPal’s exit earlier this month, Stripe and eBay have decided not to support the Libra project anymore. Visa and Mastercard have also pulled their support out of the project before their first meeting in Geneva on 14th October 2019.

Observing stern resistance from regulators and others, the head of Facebook’s Calibra – David Marcus stressed that the social media giant would not proffer the Libra cryptocurrency until it has fully obtained appropriate approvals and addressed regulatory concerns. For more visit: https://www.trademarkmaldives.com

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