Department for Promotion of Industry and Internal Trade ("DPIIT") has recently launched a website for L2Pro¹ India IP e-learning Platform and its mobile application.² The special website and mobile application have been developed by Cell for IPR Promotion and Management (CIPAM)in collaboration with Qualcomm and National Law University, Delhi.

L2 Pro India will help young entrepreneurs own, protect and integrate their Intellectual Property into their business models. It has been designed to enable Micro, Small and Medium Enterprises (MSMEs), university students and start-ups in India to swiftly bring their innovations into market. Similar L2 Pro programs have been already introduced and implemented in European countries such as Germany, UK, Italy and France which proved to be immensely successful. L2 Pro India has been developed drawing inspiration from its European counterparts with certain customisation to suit Indian learners.

L2 Pro India will comprise of 11 modules for 3 different levels. Each of these modules will comprise of e-text for understanding concepts, short animated videos of the concepts, links to additional resources on the subject and quizzes for assessment and grading the learner’s knowledge and understanding of the subject. On successful completion of the eLearning modules, learners will be provided with e-certificates from CIPAM-DPIIT and NLU, Delhi.

¹Learn to Protect, Secure and Maximize Your Innovation

²Mobile app will be available on both available Android & iOS platforms

In what could be called an unlikely turn of events, the Japanese Patent Office has dismissed Apple Inc.’s (“Apple”) Trademark Opposition against a trademark application filed for the word mark “EYE PHONE” stating that the mark “iPhone” has a low degree of originality, as it is just a combination of alphabetical letter “i” with a descriptive term “Phone” in relation to smartphones. The opposed word mark “EYE PHONE” was applied by a Japanese entity Novelty Eye-Wear Inc. (“Applicant”) in for ‘spectacles [eyeglasses and goggles]’ in class 9.

Apple opposed the mark arguing that the opposed mark “EYE PHONE” is phonetically similar to its mark “iPhone” and it also gives a similar impression in appearance. Furthermore, the goods in question are also more or less similar. “iPhone” is used for smartphones whereas “EYE PHONE” is for smart spectacles/glasses designed specifically for blocking the blue light emitting out from screen of smartphones. Apple also argued that it has immense popularity in the Japanese smartphone market and is currently holding a 44.1% market share in Japan.

The Opposition Board (“Board”) admitted Apple’s primacy in the smartphone market for 7 consecutive years and also agreed that both the marks have common pronunciation. However it also noted that the degree of originality of the mark “iPhone” is very low, since the mark is only a combination of the English alphabet “i” with the word “phone” which is a popular short-form of “telephone”.

The Board further held that designated goods of the Applicant and that of Apple cannot be held to be similar as the range of customers; trade channels and purpose/usage of both the products are totally different. Thus, the Board concluded that the two marks are visually and conceptually different and that the opposed mark should not be cancelled.

We have all relished cotton candy, usually available in pink, white, yellow and blue colours. What if I told you that there is available a candy floss wherein all the above colours are put together to make one huge rainbow candy floss?

*We claim no copyright over the images used and the same have been used for reference and educational purposes only. Picture credits: http://www.totticandy.com

This cotton candy is prepared by the brand - Totti Candy Factory and is popular in Japan. It is known for its gigantic ‘bigger than your head’ size and the subtle pastel colours used in it. Tourists are often seen with these cotton candies on the streets of Tokyo.

The 3D shape of this cotton candy was applied for registration at the Japan Patent Office in respect of confectionery (i.e. class 30) in 2016.

3D shape marks are an intangible asset and possess several advantages since people often identify them solely with a particular company or its products and thus, their protection becomes imperative. A trademark registration can be obtained for a distinctive 3D shape that distinguishes the goods/services of one proprietor from those of another.

When the 3D shape of the Totti Cotton Candy was applied for a shape registration at the JPO, the examiner out rightly rejected the registration of the shape mark and relied on Article 3(1)(iii) of the Japanese Trademark Law. The provision prohibits any mark from being registered where the mark solely consists of elements just to indicate, in a common manner, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use. The Examiner further stated that based on the evidence of use produced, it was questionable whether the shape had indeed acquired any distinctiveness as a result of its use.

The Applicant, i.e. the Totti Cotton Candy, filed an appeal to this decision.

The Appellate Board however, affirmed the Examiner’s decision and rejected the registration for the 3D shape mark.

The world-wide-web, is everywhere and yet nowhere and in such a case, how would one ascertain the jurisdiction of the courts for offences committed online? The Delhi High Court reiterates court decisions that have said that the court situated in the place where a website is accessible to consumers, will have jurisdiction over a case of trademark infringement online.

Juggernaut Books Pvt. Ltd. (“Juggernaut”) is the registered proprietor of the mark “Juggernaut” which it uses for publishing books and e-books through its web-based software. Juggernaut came across a website www.thejuggernaut.com. The way it came across this website is an interesting story in itself. According to Juggernaut, one of the authors who is closely associated with it, received an email promoting a website called “theJuggernaut” as a media publication for South Asian stories/ news updates. It was later found that this website was being operated by a company called Inkmango Inc. (“the Defendant”).

Juggernaut filed a suit in the Delhi High Court Juggernaut Books Pvt. Ltd. v. Inkmango Inc. and Ors CS (COMM) 421/2019 for trademark infringement, passing off, dilution, unfair competition, damages, delivery up etc. The Defendant created a strong presence over all the available social media platforms targeting the users in India, especially Delhi.

The Court relied, inter alia, upon Banyan Tree Holding (P) Limited v. A. Murali Krishna Reddy & Anr. CS (OS) No. 894/2008, wherein it was observed that “For the purposes of a passing off or an infringement action (where the plaintiff is not located within the jurisdiction of the court), the injurious effect on the Plaintiff's business, goodwill or reputation within the forum state as a result of the Defendant's website being accessed in the forum state would have to be shown.” In the present case, the Court observed that both the parties had strong presence in India. The Defendant’s website was especially targetting the users from Delhi. Thus, the Court held that it had jurisdiction to hear the matter. Also, the Plaintiff was clearly the prior user of the mark, “Juggernaut” for digital publishing and the Defendant was using the name "The Juggernaut" which was deceptively similar to the Plaintiff's mark. Since there was a strong prima facie case in favour of the Plaintiff, the Court granted injunction against the Defendant, Inkmango Inc.

Fun fact: The word Juggernaut is actually an anglicised version of the word Jagannaath. Jagannaath refers to an Indian deity which is said to be the avatar of Lord Vishnu. Jagannaath literally means, father of the entire world.

In a recent ruling of the Bombay High Court in the case of Meso Private Limited v. Liberty Shoes Ltd., it was held that the use of the words ‘Legend’ or ‘Flirt’ along with the house marks of the contending parties, even when it is for similar goods, does not amount to infringement. Liberty Shoes Ltd. (“Liberty”) introduced two perfumes with the names ‘Legend’ and ‘Flirt’. According to Meso Private Limited (“Meso”) it was the first and prior adopter of the words and registered proprietor of the marks ‘Legend’ and ‘Flirt’ with respect to perfumes. Meso thus filed a trademark infringement and passing off suit against Liberty for adoption of the marks ‘Legend’ and ‘Flirt’ with respect to perfumes.

Meso’s perfumes:

*We claim no copyright over the images used and the same have been used for reference and educational purposes only

Liberty’s perfumes:

*We claim no copyright over the images used and the same have been used for reference and educational purposes only

The trial court observed that the brand names used by Liberty were identical to those being used by Meso. The trial court initially granted an ex parte ad-interim order of injunction, which was subsequently vacated. In appeal, Meso contended that the words, ‘Legend’ and ‘Flirt’ were being used for identical products by Liberty and thus were likely to cause confusion amongst the public. Liberty placed on record photographs of brands of perfumes which have used the words ‘Legend’ and ‘Flirt’ and stated that the terms were generic. It is also argued that Liberty did not place sufficient evidence to showcase that the names are common to the trade. On the other hand, Liberty argued that these words were used by both the parties along with their respective house marks; therefore the question of confusion does not arise. The Appellate Court ruled in favour of Liberty stating that perfumes are bought by consumers after reasonable deliberation and thus the possibility of confusion does not arise if the marks are used in conjugation with the parties’ respective house marks.

No, we are not referring to the crazy nick names you give your friends! We are referring the two Bollywood movies that were literally racing for the earliest release date!! We are all aware of the age-old salsa between Bollywood and copyright cases. Be it for a pre-promotional activities or a genuine brawl over IP rights, Bollywood rushes to the court at the drop of a hat! Copyright disputes have been doing the rounds of Bollywood with the release of every film, either film versus song, or producer versus writers, old song versus its remake, an old film versus its remake and the like. However, have you heard of 2 films scheduled to release within a week’s time of each other having copyright issues pertaining to the fundamental subject of the film? According to news reports, the makers of the films UJDA CHAMAN and BALA anticipated to have a copyright issue concerning the storyline. Both the films address the issue of masculine insecurities due to premature balding and they even have closely similar promotional posters. It is being reported that the makers of BALA in such anticipation that their film will lose originality if released after UJDA CHAMAN had very cleverly re-scheduled the release date from November 15 to November 7, i.e. one day before the date of release of UJDA CHAMAN. However, the makers of UJDA CHAMAN objected to this vehemently. After a little tug-of-war over dates, UJDA CHAMAN’s release was further preponed to November 01. The parties seem to have withdrawn actions against each other and let the audience decide.

*We claim no copyright over the images used and the same have been used for reference and educational purposes only

This Diwali, while you were sending gifts and cards and sweets to family and friends via courier you may have come across thisFederal Express is a world renowned courier and delivery service. It has an interesting trademark. Fed Ex is an acronym for the company’s name Federal Express. The interesting thing is that if we see its logo carefully, we will note that between E and X is an arrow. This arrow represents the speed and accuracy of delivery of packages to their destination. It is similar to a pointer swiftly and accurately hitting the dart-board. Another interesting thing is that most times, the “Ex” is written in different colours. These colours represent the sub-companies or sub-brands of Federal Express:

*We claim no copyright over the images used and the same have been used for reference and educational purposes only

Yes, you guessed it right… We are talking about PIZZA! The world famous Pizza maker - Pizza Hut has decided to test run a new ‘Round Box’ which resembles a spaceship and is supposed to be compact, and serve ‘hotter, crispier and tastier’ pizzas!

These specially engineered boxes are a step ahead in innovation and took nearly 2 years to be developed. These boxes are not only compostable but are created in such a manner that the pizza will sit on a raised cushion which will allow the air to circulate and help maintain the crispiness of the crust. Thus, you wouldn’t have to worry about receiving soggy pizzas anymore! Additionally, the outer bases carefully have sockets which will allow easy stacking up of the boxes, assisting in the process of delivering the boxes and overall handling by the delivery persons.

*We claim no copyright over the images used and the same have been used for reference and educational purposes only

The company has also launched a new range of pizzas which will be delivered in the round boxes and will be using plant based meat which the company has named ‘Incogmeato’. This round box saw its test run at Phoenix, USA, and based on the response, the company does intend to roll out the new packaging all across USA and eventually the world.

This is how Pizza Hut is contributing its share to a sustainable living. Did you do your part today?

Remember, our last month’s Riddle?

No, it is not photoshop! It is merely a beautiful expression of the concept of refraction. This photograph was taken from the International Space Station around the Earth. The light from the Moon travels through the Earth’s atmosphere to the Space Station. The Earth’s atmosphere acts as a medium to refract the Moon's light and makes the Moon appear flattened.