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06 Sep 08

A new battle is beginning in branding for the Web - The Financial Express

To marketers large and small, the Web is a wide open frontier, an unlimited billboard with boundless branding opportunities. For the empirical proof, look at the filings with the government for new trademarks that, put simply, are brand names. Applications surged in the dot-com years, peaking in 2000 and then falling sharply for two years, before rising to a record last year of more than 394,000.

www.financialexpress.com/...356950 - Preview

trademark ip internet brand brand-equity cloud computing

Applications surged in the dot-com years, peaking in 2000 and then falling sharply for two years, before rising to a record last year of more than 394,000.
Now, companies want to slap a brand on still vaguely defined products and services in the uncharted ephemera of cyberspace—the computing cloud, as it has come to be known.
2 more annotations...
- Cloud computing usually refers to Internet services or software that the user accesses through a Web browser on a personal computer, cellphone or other device.
- Dell has tried to trademark the term cloud computing itself. But in August, the US Patent and Trademark Office sent a strong signal that cloud computing cannot be trademarked.
  It issued an initial refusal to Dell, which filed its application 18 months ago, when the term was less widely used in industry conversations and marketing.

Tea Board of India is currently fighting 15 cases in about 10 countries

The Tea Board of India is currently fighting 15 cases in about 10 countries over the violation of certified trademark (CTM) and geographical indication (GI) rules with respect to Darjeeling Tea. The product and the logo were registered as a trademark in 1998 and the GI application was filed in 2003.

“The rulings of some cases have gone against us, mainly because different courts interpret the parameters differently,” said Anindita Ray, the Board’s director of tea promotion.

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tea sikkim siliguri Geographical-Indicators GI ip brand

The Tea Board of India is currently fighting 15 cases in about 10 countries over the violation of certified trademark (CTM) and geographical indication (GI) rules with respect to Darjeeling Tea. The product and the logo were registered as a trademark in 1998 and the GI application was filed in 2003.

“The rulings of some cases have gone against us, mainly because different courts interpret the parameters differently,” said Anindita Ray, the Board’s director of tea promotion.
A company called Delta, also in France, used “Darjeeling” to label its lingerie. Its shops had tealeaves on their entrances as well. “We have filed six cases against them,” Ray added.

27 Aug 08

Madras HC restrains 2 cos from using ‘Omega’ trade mark

Ordering decree in favour of a Switzerland firm, Omega S.A., the Madras High court restrained by an order of permanent injunction, the Hyderabad-based Avanti Kopp Electricals and the Chennai-based Sona Electric Corporation from manufacturing and sale of all ranges of switches and other allied/cognate goods so as to pass off their goods as those of the Swiss firm by using the expression ‘Omega’ which was the registered trade mark of the Swiss firm.

In an order, on a suit filed by the Swiss firm, Mr Justice A.C. Arumugaperumal Adityan, held that the contention of the defendant firms that the plaintiff-company (Omega S.A.) had not manufactured any switches, and, hence, the use of the trade mark ‘Omega’ would not amount to infringement of the registered trade mark, could not hold any water.

The defendants could not use the word ‘Omega’ even on the wrapper M.O. 2 (series) of switches, the Judge ruled.

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trademark ip omega brand language IP-ization

The defendants contended, inter alia, that the word ‘Omega’ was not something exclusively used by the plaintiff, and the said word, which was the name given to the last letter of the Greek alphabet, was not anyone’s invention.

Holding that use of the word ‘Omega’ in relation to electrical goods amounted to infringement of the plaintiff’s trade mark, the Judge ruled that the plaintiff was entitled for a direction against the defendants to surrender the dies, books etc. under the Trade & Merchandise Marks Act.

An order of mandatory injunction was granted directing the defendants to handover all the unused plastic wrappers (used to cover switches manufactured by defendants) bearing the registered trade mark, to the plaintiff.



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