Artificial Intelligence has never ceased to amaze the world! In the past 2 weeks AI has once again struck the world with an unimaginable technology referred to as the ‘Deep Nostalgia’.

This technology brings to life the images of people who have passed away. The precision attained is impeccable and is truly a marvel of science.

Until today, we had only seen paintings coming to life in movies, often referred to as- animation! Deep Nostalgia however can bring to life ANY image stored on your phone/desktop including old B/W images of historians/painters/actors. The service is offered by MyHeritage (https://www.myheritage.com). MyHertiage uses the AI technology which is licensed from D-ID.

D-ID is an Israeli company founded in 2017, which primarily specializes in creating solutions to protect identities from face recognition. D-ID developed the Re-enactment Technology wherein the person in the image reenacts or mimics the movement made by the human user such as blinking, moving the head, and the like.

MyHeritage enables its users to update, share and keep track of their family tree. It even helps its users to undergo a DNA test which will reveal their ethnic background and help reconnect with newfound relatives. Since MyHeritage helps its users to store data and images of their genealogy, this feature can bring the images of their ancestors to life.

A YouTube video giving an introduction of the collaboration between D-ID x My Heritage can be accessed here: https://www.youtube.com/watch?v=kNnmP2s6JW8&feature=emb_logo.

*We claim no copyrights, or any other intellectual property rights vested in the marks/links mentioned hereinabove. This article is written for informative and educational purposes only

The Italian fashion giant Dolce & Gabbana has filed a defamation suit claiming over 600 million US$ in damages against the blog Diet Prada which is considered as a fashion bible amongst youngsters.

The issue dates back to 2018 when Dolce & Gabbana was forced to cancel its Shanghai Fashion Show as one of their ad campaigns went wrong.

Dolce & Gabbana launched an ad campaign #DGLovesChina wherein it posted a controversial video of a Chinese model attempting to eat Italian food using chopsticks. Diet Prada shared the ad campaign video on its account along with a series of screenshots of the anti-Asian remarks received from Dolce & Gabbana’s co-founder Stefano Gabbana’s Instagram account.

Diet Prada’s post went viral and resultantly a lot of models and guests who were set to attend the Shanghai Fashion Show refused to attend. Dolce & Gabbana faced a severe backlash after the incident as various Asian celebrities disavowed the brand and various retailers pulled of its Dolce & Gabbana merchandise.

Thereafter designers Domenico Dolce and Stefano Gabbana stated that Stefano Gabbana’s account had been hacked. They also appeared in a video apologizing to the Asian public.

Soon after that, in March 2019, Dolce & Gabbana filed a suit in Milan against founders of Diet Prada- Tony Liu and Lindsey Schuyler. The fashion giant sought damages around 450 million euros towards restoring the brand image since 2018, 3 million Euros for the company and 1 million for Gabbana. They also sought 8.6 million Euros towards cancellation of the Shanghai show, 8.6 million Euros for staff expenditures, and lastly 89.6 million euros for loss of Asian sales from November 2018-March 2019.

The suit, however, surfaced recently when the two bloggers revealed it.

Diet Prada based its defense argument on the freedom of speech. It argued that the courts of Italy do not have jurisdiction to try the case, as the blog which led to it originated in the US and the alleged loss of reputation occurred in Asia.

Diet Prada has over 2.5 million followers on Instagram. It has created GoFundMe page to help cover its legal expenses, it has raised more than $38,000 for its defense. Liu reportedly stated, "In the outpouring of support for these communities being targeted, we all continue to see the power of solidarity and speaking truth to power. Diet Prada will continue to be a platform to elevate these crucial issues.".

McDonald’s is a world-famous fast-food chain, and has been using the prefix “Mc” for nearly every product that it sells. But does that mean that McDonald’s own the prefix Mc?

In a recent case of McDonald's Corporation and McDonald's Restaurants of Canada Limited v Hi-Star Franchise Systems, Inc.⁵ , Canada’s Trademark Opposition Board has accepted McDonald’s’ opposition against a trademark application for the mark McMORTGAGE for a small-scale real estate and mortgage service provider named Hi-Star Franchise System, Inc.

Source- https://warriortradingnews.com

*We do not claim any copyright in the image used. It has been used for academic and representational purposes

In 2016, Hi-Star Franchise System, Inc. filed a trademark application for the mark McMORTGAGE with respect to services like “Arranging and provision of credit, loans, insurance, currency exchange, and travelers’ cheques; agencies; insurance brokerage; insurance services; mortgage brokerage; mortgage refinancing; mortgage services; real estate agencies; real estate brokerage; real estate brokers” before the Canadian Intellectual Property Office (CIPO).

McDonald’s opposed the trademark application, sometime in 2017, based on, inter alia, the following grounds:

1. That the applied mark McMORTGAGE is non-distinctive as it looks confusingly similar to the McDonald’s mark.

2. That adoption of a similar mark “McMORTGAGE” by Hi-Star “depreciates the (well-established) goodwill” of the McDonald’s family of trademarks.

McDonald's stated that it uses the prefix “Mc” on nearly every product that it sells, such as, McGrill, McSwirl, McPuff, McChicken, McVeggie. There is extensive usage of the prefix “Mc” by Mc Donald’s and hence presence of the “Mc” element in the applied mark “McMORTGAGE” would most likely create consumer deception.

Canada’s Trademark Opposition Board (“the Board”) held in favour of McDonald’s and concluded that “consumers upon encountering McMORTGAGE may as a matter of the first impression believe that this trademark is indicative of financial services provided to those who seek to own an MC Donald's franchise or the like or that the applied-for services are otherwise affiliated or connected with [McDonald's].”

Section 22 (1) of the Canadian Trademarks Act states: “No person shall use a trademark registered by another person in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto.” The Board stated that this section was violated.

The Board then considered whether McDonald's had established a prima facie case in its favour to show that use of the mark McMORTGAGE by Hi-Star depreciates its goodwill and set out the 4 requisites of Section 22:

• Hi-Star's trademark McMORTGAGE is "so closely akin to [the] trademarks of the Opponent's so as to be understood as one of its marks";

• McDonald’s marks are sufficiently well known: and it has proved extensive use of its MC- prefixed trademarks which were considered sufficiently well-known across Canada;

• There would be a mental linkage or connection between the two trademarks in the minds of consumers as the two marks are similar in construction and the extensive goodwill associated with the McDonald's family of trademarks;

• Use of the mark McMORTGAGE can whittle away McDonald's brand power and goodwill.

The Board went on to comment that there seemed to be no other apparent reason for Hi-Star to have adopted and used the McMORTGAGE trademark other than to trade off of McDonald's reputation.

Hi-Star did not participate in the proceedings. Resultantly the Board refused Hi-Star's trademark application on the abovementioned grounds. This is the first case where Canada’s Trademark Opposition Board has considered “depreciation of goodwill” as a valid ground in opposition proceedings against an applied mark.

As one can see the services for which mark was applied are of a completely different sector. Even then Hi-Star faced an opposition and lost its mark. Do you agree with the decision and reasoning of the Canada’s Trademark Opposition Board?

⁵ [1] 2020 TMOB 111

A Geographical Indication (GI) registration application has been filed for Adivasi Gudiya Hastshilp (Tribal dolls) from Jhabua, Madhya Pradesh.

What are Jhabua Tribal dolls?

The Bhil and Bhilala tribals of Jhabua make these dolls by hand. These tribal dolls are made of cloth and thin wires. The women of the tribe sit together and stuff cotton into these fabric body parts of the dolls. This process takes a couple of hours. These dolls are presently sold at a very nominal price, this price is likely to be increased once these dolls receive GI registrations.

How are these dolls made?

After filling cotton into fabric, all body parts of the dolls are stitched together using ‘Pakkatanka’—a double knot. The bodies are made out of fabric, mostly in brown shades representing the tanned skin of the tribal people.

Source- https://tribesindia.co.in/2021/02/12/dolls-keeping-alive-the-glory-of-tribal-traditions/

We do not claim any copyright in the image used. It has been used for academic and representational purposes

The most unique thing about these dolls is their traditional clothes. The female dolls wear colourful Bhagoria bridal Ghagra and Choli, and are also adorned with bead necklaces, silver necklaces, and bangles. Some miniature household items like bamboo baskets and earthenware are given as accessories. The male dolls wear colourful dhoti kurta, they are equipped with the traditional Bhil tribe’s occupational tools like bow and arrows, spears, weighing scales, and similar things.

The faces of the dolls are mostly made with clay and then carved to perfection. Once carved, the faces are exposed to fire to ensure that the clay gets firm and is then covered with cloth. Expressions are then painted upon the face very carefully and with great expertise. The last step is the fixation of the dolls onto a wood base.

These dolls are a miniature representation of the Bhil and Bhilala tribes, traditions, rituals, occupations, and ethnicity. The best part is most of the fabric used in making dolls is basically up-cycled fabric from garments that have served their purpose, so it is eco-friendly too.

Lack of publicity has reduced this handicraft to extinction. In addition to this, the fact that they do not get a fair price for these dolls has forced these doll makers to leave the profession. In this backdrop, grant of GI would hopefully better the situation of these trials, bring hope and courage and create employment opportunities for these tribal and lastly save the art of doll making from extinction.

The Bhaktivedanta Book Trust India (the Trust) is a trust established by Srila Prabhupada. Abhay Charanaravinda Bhaktivedanta Swami or Srila Prabhupada was an Indian spiritual teacher. He is known for establishing the International Society for Krishna Consciousness (ISKCON).

As per the Deed of Trust, the Settlor/Author (Srila Prabhupada) has handed over the copyrights and publication rights to the Trustees of The Bhaktivedanta Book Trust India.

The Trust is responsible for publishing and printing Srila Prabhupada’s books and writings. The object of the Trust was to be the owner of copyrights and publication rights; to edit/format, process, collate, correct, and enhance the writings by adding works/pictures, etc. for the purpose of publishing the writings, books to derive income; and for utilizing the income derived from such publication to reprint the books published by the Trust all over the world. It was also responsible for creation of ISKCON Temples.

In December 2020, during an anti-piracy sweep on the internet, the Trust came to know about certain websites such as www.friendwithbooks.co. which were infringing the its copyrights.

Upon scrutiny, the Trust realized that the website www.friendwithbooks.co unauthorisedly contains several of its books in electronic format which can be downloaded and shared with the public. www.friendwithbooks.co. also contains complete copies of some of Srila Prabhupada’s books.

Hence, the Trust approached the Delhi High Court¹ seeking an injunction against www.friendwithbooks.co. restraining it from reproducing the Trust’s books and artworks in any material form or electronic medium, communicating the books (including by way of sound recordings) and artworks to the public, issuing copies of the Trust’s books and artworks vide any website including the one at http://www.friendwithbooks.co, or doing any other act amounting to infringement of the Trust's copyright in its books and artworks;

The Court held that the Trust has made out a prima facie case, the balance of convenience is also in its favour, and thus granted an exparte ad interim injunction against http://www.friendwithbooks.co.

¹The Bhaktivedanta Book Trust India Vs. WWW.FRIENDWITHBOOKS.CO - CS(COMM) 88/2021 dated 22 February, 2021

The Supreme court of India has recently dismissed the Special Leave Petition² filed by Hindustan Unilever Limited (HUL) against the order of the Bombay High Court, which partially granted HUL’s Interim Applications filed against USV Private Limited (Sebamed) in an advertisement squabble.

HUL had filed a case³ against Sebamed before the Bombay High Court for its advertisements and Television Commercials (TVC) featuring soaps which were described as “Filmstars Ki Nahi, Science Ki Suno” (with reference to the Lux soap), “Dudh Jaise Safed Soap Ka Sach” (with reference to the Dove bar) and “Transparent Soap Ka Sach” (with reference to the Pears soap). In the said TVCs, Sebamed had stated that the pH levels of Lux and Pears soap were 10, which was the same as that of the detergent soap Rin, while that of Dove soap was 7. The TVCs stated that the pH level of Sebamed Cleansing Bar (Sebamed’s soap) was 5.5, which apparently was perfect for sensitive skin. It was contended by HUL that the said advertisements and TVCs were disparaging and belittling its products, and misleading the public as the harshness and mildness of a soap was not solely determined on the basis of its pH level.

On the other hand, it was contended by Sebamed that the said advertisements and TVCs were made to inform the public and state the scientific fact that the pH levels above 5.9 causes dehydration of the skin by removing the body’s natural oils, irritability, and alteration in bacterial flora. It was contended that they had merely stated the fact that the pH levels of HUL’s products were not safe for the skin as compared to the ideal and safest pH levels of Sebamed’s soap being 5.5. It was further contended by Sebamed that advertisements were a form of commercial-free speech and was protected under Article 19(1)(a) of the Constitution of India, which could not be indicted by any law unless the same fell within the exception of Article 19(2) of the Constitution of India.

The Bombay High Court in its order for the Interim Application filed by HUL had stated that an advertiser in their advertisement can claim their product to be the best, but cannot state that its competitors or their products were bad, and if it does so, either expressly or by necessary implication, it would be guilty of slandering the goods of the competitors and defaming them.

It was held by the High Court that in making a soap, several ingredients go into determining the quality and harshness/mildness of a soap, and the same could not be determined by pH value alone. It was held that the advertisements and TVCs would not be protected under commercial free speech under Article 19(1)(a) of the Constitution of India, as it does not allow anyone to disparage, belittle and/or malign the product of a competitor.

The High Court finally held that in the advertisement on the Dove soap titled “Doodh Jaise Safed Soap Ka Sach”, the advertisement informed the public that the pH level of Dove soap was 7 whereas the pH level of Sebamed’s soap was 5.5. Therefore, since the advertisement only conveyed that Sebamed’s soap was better than Dove, it did not in any manner disparage or belittle the Dove soap. With regard to the other two advertisements and TVCs, on Lux and Pears soap, titled “Film Stars Ki Nahi, Science Ki Suno”, and “Transparent Soap Ka Sach”,it was held that the advertisements and TVCs disparage Lux and Pears soaps by portraying that the use of Lux and Pears soaps were as bad or equivalent to using the detergent soap Rin on the skin. Accordingly, the High Court permitted Sebamed to air their advertisements titled “Film Stars Ki Nahi, Science Ki Suno” and “Transparent Soap Ka Sach”, without any reference to the washing detergent RIN or any other washing detergent. This order was upheld by the Supreme Court as is, when HUL appealed against it.

²Hindustan Unilever Limited & Anr. Vs. USV Private Limited (SLP NO 2437 of 2021)

³Hindustan Unilever Limited & Anr. Vs. USV Private Limited (COMMERCIAL IP SUIT (L) NO. 805 OF 2021)

Every Indian must have eaten Golgappa (a popular Indian snack) at least once during his/her life. Golgappas are called Puchka in Bengal, Phulki in Central India, Gupchup in Vidharbh Maharashtra, and Pani Puri in Gujarat. It is something that is enjoyed equally pan India and is the last thing you want to quarrel about.

However, in an interesting turn of events, two golgappa manufacturers of Gujarat have gotten themselves involved in a bitter trademark and copyright battle.

As per news reports, Chhajed Foods Pvt. Ltd. (‘Chhajed’) had approached the Mirzapur Court (District and Sessions Court Ahmedabad Rural) alleging that Grainspan Foods Pvt. Ltd. (‘Grainspan’) has infringed upon its trademark and copyright by branding and selling its golgappa-s (tiny circular puri-s made out of dough) under an identical and deceptively similar trademark as well deceptively similar packaging.

Chhajed claimed that it is a food processing company and it manufactures and sells GolMol Oval Papad (dry uncooked golgappa) since 2013. It applied for registration of its trademark in 2019 and its application is pending. It found that its competitor Grainspan has applied for registration of Gol Mal as a trademark and has adopted a deceptively similar label for the same products.

Chhajed claimed that Grainspan is “illegally using the identical and/or deceptively similar trademark Gol Mal with a deceptively similar label for identical goods oval papad”.

Source- https://timesofindia.indiatimes.com/city/ahmedabad

*We do not claim any copyright in the image used. It has been used for academic and representational purposes

Chhajed claimed that it is the original owner of the trademark and has also commissioned the artwork of the label of its product.

Chhajed further claimed that Grainspan has with “full knowledge and with malafide intention” adopted an identical mark with “identical colour scheme, get up, arrangement, combination with similar placement of devices in the label”. “The defendant has pirated and has lifted the entire idea, concept and representation of the plaintiffs prior adopted, well known and extensively used trademark/label of GOL MOL,”

Grainspan filed an application questioning the maintainability of the suit and asserted that the trademark and copyright infringement cannot be challenged in a single suit before the same court at Mirzapur.

The Court has rejected Grainspan’s objection and accepted Chhajed’s suit. Watch this space for more updates.

Common questions that come a person’s mind when considering applying for a trademark:

• Whom should I approach?

• Is it a lot of effort?

• Is it worth the time and money?

• How will I benefit from its registration?

• What documents are needed?

• Is it a state wise registration?

… and the list goes on. Today we are going to address most of your concerns, so that you can make a wise choice when considering registration of a trademark in India.

First things first, what is a trademark?

A trademark is a name/logo which is either affixed on the goods manufactured/sold by you or under which you render services. The intention of a trademark is that it should be unique to you and your business, so that consumers associate the mark solely to you and your products/services.

If the adoption of your mark is bona fide, having the mark registered is a cake walk!

• Whom should I approach?

You must approach lawyers/law firms who specialize in Intellectual Property laws. Intellectual Property laws are a very upcoming subject and not everyone is aware of the nuances involved, hence it is always recommended to look for specialized assistance.

• Is it a lot of effort?

Honestly, no! Be prepared to answer the following questions when contacting an IP Attorney:

a. Is your mark a wordmark or a logo or a combination of both?

(Relevance: it helps the attorney understand how to guide you to file the marks)

b. Are you presently using the mark? If yes, since when?

(Relevance: it helps the attorney decide if the TM application is to be filed on a ‘proposed to be used’ basis or on the basis of ‘claiming use’)

c. What are the goods/services with respect to which the mark is in use?

(Relevance: It assists the Attorney to understand for which specific goods/services the mark is to be registered.

P.S.: a trademark registration is not universal in nature, i.e. one needs to specify the goods/services covered in the TM Application)

d. Do you want a file the mark in the name of an individual or a company?

(Relevance: This decides the government fees to be paid. The govt. fees payable for an application filed in the name of an individual is Rs.4500/- whereas that filed in the name of a company is Rs.9000/-)

• Is it worth the time and money?

YES! Trademark rights can last till eternity if you want them to! The one time registration fees and basic professional fees charged until registration is the only solid investment in a trademark. Once registered, the trademark registration is valid for a period of 10years! If you are still using your mark, you can choose to renew the registration once every 10years, for a nominal fee.

• How will I benefit from its registration?

A Trademark is your brand! A brand which you conceived and are using. It is an intangible asset which can be valued in millions in a few years. All the hard work that goes into building the goodwill and reputation is associated directly with the trademark. The registration of a trademark can ward off entities attempting to ride on your brand’s goodwill and earn unauthorized profits.

• What documents are needed?

Your IP Attorney will ask you to sign a Power of Attorney, which will authorize the attorney to act on your behalf and file documents on our behalf before the Trade Marks Registry.

In case you are already using your mark, you will be asked to provide a document evidencing the use of the mark with respect to the goods/services you intend to register. This document should display the mark and the date clearly. It can be documents displaying advertisements/brochures/social media posts/invoices, etc. On the basis of this document, your Attorney will prepare a User affidavit which will have to be signed by you.

That’s it ! You then only need to sit back and relax!

• Is it a state wise registration?

No. Trademark registration and protection is granted across the country.

Cinefones approached the Bombay High Court⁴ seeking an injunction against Cinefones Systems to restrain it from infringing Cinefones' trademark CINEFONES and its copyrighted label and artwork vested in the mark CINEFONES.

Cinefones is engaged in the business of cinematographic hardware products. It is using the mark CINEFONES in relation to audio-visual equipment including projectors, screens, etc., and has been in continuous use since January 1947. The mark is registered in Class 09 under No. 319531 since 1964.

Cinefones claimed that Cinefones Systems was aware of Cinefones’ prior registration as in 2005 Cinefones had found Cinefones Systems’ trademark application for registration of an identical mark for electronic goods in Class 09. Cinefones opposed the registration of the mark and the opposition proceedings continued till the stage of recording evidence. Ultimately, Cinefones Systems did not appear for the hearing and the mark was treated as abandoned for want of prosecution in 2019.

The background story is that Cinefones was once carrying on business from rented premises in Delhi. Cinefones stocked goods and conducted sales and had a billboard there to promote it. It vacated the premises in 1992 and it seems that the landlord then rented the premises to Cinefones Systems. Cinefones Systems took up the same premises that Cinefones had once rented and business under Cinefones’ billboard at the same premises.

Source- www.justdial.com

We do not claim any copyright in the image used. It has been used for academic and representational purposes

Cinefones stated that sometime in January 2020, it found that Cinefones Systems had surreptitiously obtained registration of the trademark CINEFONES in Class 11 for lighting and other electrical fittings. This application was missed by Cinefones. Resultantly, Cinefones filed an application for rectification of the mark. Cinefones Systems indicated that it would withdraw the impugned trademark.

In January 2021, when Cinefones sent a cease and desist notice to Cinefones Systems, it did not reply and hence Cinefones went to court.

The Court held that Cinefones Systems have not only wrongfully registered the word mark CINEFONES, but have also started using the stylized depiction which is the subject matter of copyright protection. The Court remarked “this is not a case of similarity at all. The Plaintiff's exact mark and label has been illicitly put in use by the Defendants. The Defendants cannot possibly claim prior use or bonafide adoption. I have prima facie absolutely no reason to believe that the Defendants' mark can in any way be said to have been honestly adopted. It is in fact nothing but the Plaintiffs mark and the Plaintiff’s artistic work.”

Therefore, the Court granted an ad-interim injunction restraining Cinefones Systems from advertising goods under the trademark CINEFONES and impugned label or under any other label deceptively similar to Cinefones’ copyright using the artistic work or any other similar artistic work similar to that of Cinefones.

⁴Cinefones vs Cinefones Systems and Anr - COMMERCIAL IP SUIT (L) NO. 4550 OF 2021- 10 March, 2021

*We claim no rights on the mark. It has been used for representational and educational purposes only.

‘FENTY’ is a brand launched by the renowned pop artist Rihanna in 2017. Did you know the brand FENTY is eponymous ? Yes, Rihanna’s full name is ‘Robyn Rihanna Fenty’. The brand was created in collaboration LVMH (LVMH Moët Hennessy Louis Vuitton).

The graphical look of the logo reflects the complex style, creative vision, and progressive attitude of Rihanna. The Maze – which is the core logo – is said to be inspired by traditional monograms that intertwine every character of a name. The strong geometric forms of F E N T Y create an icon that resembles many things from circuit board to a greek key. However, the Maze in the FENTY logo is said to reflect the complexity of Rihanna's character.⁶

Fenty started off as a cosmetic brand in 2017 and later expanded to clothing and footwear. In recent news, the mark ‘FENTY’ has been applied for hair products, raising suspicion that, there might be a hair products range launched under the brand name.

⁶https://commission.studio/fenty

-Adv. Chinmay Pawar

Nanda Dynasty

Most of India’s rich history is loosely documented and the main sources to fathom Indian history are obscure literary texts and inscriptions in forgotten languages and accounts of foreign travellers. When Alexander and Darius (a Persian king) invaded India in the 2nd & 4th Century BCE, they provided dates around which the history of India is constructed. India did not have western style historians before these incursions. Therefore, a reasonably reliable chronology of India begins from Alexander's invasion in the late 4th century BCE.

During the same time when Alexander was campaigning in the Indus valley, the Nanda dynasty was flourishing in the fertile plains of river Ganges. There is no definitive account or source on the total duration of the Nanda reign. However, it is clear that the dynasty was short-lived and probably vanished in less than a century. In many sources, indigenous and foreign, the Nandas are portrayed as extremely rich and also as ruthless collectors of taxes.

Dhanananda, also referred to as Agrammes or Xandrames in classical Greek sources, was a mighty contemporary of Alexander. According to Alexander’s accounts, the Nanda military was estimated to have 20000 cavalry and 200000 infantry consisting of 2000 chariots and 3000 elephants.

Nighoj: Kukadi River Potholes

Nature never stops fascinating us. One such fascinating gem of nature is located near Nighoj village, roughly 200 Kms from Mumbai. Naturally sculpted potholes in the bed of river Kukadi, makes it a place of attraction for many geologists and nature enthusiasts.

Geologists indicate that the region used to receive greater rainfall earlier and that river Kukadi flowed out from the highlands with such a force that it scoured the bedrock resulting in the formation of potholes and the gorge.

Kukadi potholes (Source: Google maps)

We do not claim any copyright in the photographs. They have been used for academic and representational purposes only. (Images courtesy: Holidify.com)