Snapdeal Succeeds in Blocking 50 Infringing Websites, Apple Opposes a Pear Shaped Logo, and more

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Snapdeal Succeeds in Blocking
50 Infringing Websites, Apple
Opposes a Pear Shaped Logo,
and more
August 12, 2020
Snapdeal Succeeds    in   Blocking   50   Infringing   Websites,
Microsoft Sued for Infringement of Dataflex Mark, Wrogn Joins
Hands with Animal Planet for Endangered Animals, and more
brought to you by the Trademark Attorneys at BananaIP (BIP)
Counsel.

INDIAN TRADEMARK UPDATES
Snapdeal   Succeeds                  in    Blocking          50
Infringing Websites
The Delhi High Court recently passed an order directing 50
websites to be blocked for infringing e-commerce website
Snapdeal’s trademark. The infringing websites featured the
Snapdeal logo in conjunction with offers for lotteries and
lucky draws, giving the impression that the offers were
authorized by Snapdeal themselves. Snapdeal contented that
these websites were not only damaging their goodwill and
reputation but were also defrauding consumers by making such
false associations. The Delhi High Court therefore ordered
these websites to discontinue using the Snapdeal trademark,
and also directed their domain registrars to suspend/block the
domain names of the infringers.

Citation: Snapdeal Private Limited vs Snapdeallucky –
Draws.Org. [CS(COMM)No.264/2020 & I.A.Nos.5848-52/2020]
INTERNATIONAL TRADEMARK UPDATES
Microsoft Sued             for     Infringement           of
Dataflex Mark
The US tech company Data Access Corporation has filed a
trademark infringement suit in the US District Court for the
Southern District of Florida, against tech giant Microsoft,
alleging infringement of its “DATAFLEX” trademark. In the
suit, Data Access has claimed it is the owner of the trademark
and has been using it for the last 40 years for software and
business applications. Data Access alleges Microsoft has
infringed on its trademark, by launching a similar software
product using the same name and logo. The complaint further
states that Microsoft did not respond to a cease-and-desist
notice issued by Data Access and continues to advertise its
products under the “DATAFLEX” name. Data Access is seeking
injunctive relief as well as monetary damages in the suit.

Jaguar Land Rover Denied Protection for
SUV Design Trademark
Automobile manufacturer Jaguar Land Rover (JLR), recently
received an unfavourable decision from a London Court, in its
bid to obtain trademark protection over the shape of its
‘Defender’ SUV. The United Kingdom Intellectual Property
Office (UKIPO) initially rejected the trademark application by
JLR, stating that the ‘Defender’ design was not distinctive
enough from the earlier ‘Grenadier’ design belonging to UK
based automobile manufacturer Ineos Group. JLR had filed an
appeal where the Appellate Court upheld the decision of the
UKIPO, stating that although there were differences in the two
designs, they were insignificant, and would go unnoticed in
the consumers’ eyes.
Apple Opposes a Pear Shaped Logo
Tech giant Apple recently filed a notice of opposition with
the US Patent and Trademark Office (USPTO), against a
trademark application filed by Super Healthy Kids, the creator
of the mobile app ‘Prepear’. This app allows users to find
and organize recipes, as well as prepare personalized meal
plans, and consists of a green pear-shaped logo with a right-
angled leaf. Apple has opposed the registration of the
trademark, claiming the logo would be confusingly similar to
its half-bitten apple. Apple has also claimed that it has
previously created mobile apps in the health and nutrition
category, and therefore the usage of the pear-shaped logo
might lead consumers to confuse Prepear as a product created
by Apple. Super Healthy Kids will now be required to respond
to the Notice of Opposition by filing a counter within the
stipulated timeline.

BRAND LICENSING UPDATES
nWay Collaborates with WWE for Mobile
Game
nWay, a US based developer of multiplayer games, has
collaborated with media company World Wrestling Entertainment
(WWE) to develop and publish a new mobile game on iOS and
Android operating systems. WWW is well know as the creator of
the popular professional wrestling conent.         nWay is a
subsidiary of Animoca Brands Corporation Limited, a US based
developer of games and mobile technology.

Wrogn Joins Hands with Animal Planet for
Endangered Animals
Universal Sportsbiz’s (USPL) apparel line “Wrong” has
partnered with the wildlife television channel Animal Planet
to launch a new apparel collection. The collection aims at
protecting and creating awareness about endangered animals and
will showcase animals such as the Tiger, Sea Turtle, Gorilla,
Sumatran Elephant, and the Panda, among others. The deal is
brokered by Black White Orange, the licensing partners of
Animal Planet. The collection will be available in over 250
counters across retail channels like Shoppers Stop, Central,
Pantaloons, WROGN’s exclusive stores, and online through
Myntra and Wrogn’s website.

FRANCHISING UPDATES
Sanjivani Pharmacy Eyes Pan                          India
Expansion Through Franchising
Sanjivani Pharmacy, one of the largest pharmacies in India, is
all set to expand its business by opening 200 plus stores
across India by the end of 2020-2021 through franchising. The
pharmacy is planning on expanding mainly in tier 2 and tier 3
cities and provide fast door-to-door service. The company was
founded in 2006, started franchising in 2016, and has expanded
its network to 18 cities with 70+ franchisee stores in India.

DOMAIN NAME DISPUTE UPDATES
Fuss Over ‘Calculator.com’ Domain
In a recent decision, the owner of the domain name
www.calculator.com, Chloe Tsakiris Alston (“Plaintiff”),
obtained a Temporary Restraining Order (“TRO”), to prevent
another website operator, Stands4 LTD, from using her domain.
The suit was filed when Alston discovered that she had lost
control over the www.calculator.com website. Stands4 LTD, who
had gained control over the domain name, claimed to have
purchased it from an authorised search engine ‘Sedo’. Alston
has alleged that a possible thief gained ownership of the
domain by providing false identification, and then sold the
same for a profit. The suit was filed before a Florida
District Court, which had transferred control of the website
back to Alston, until the case is decided.

GEOGRAPHICAL INDICATION UPDATES
Uttarakhand Jyan Salt Tea Loses GI Battle
                    th
In an order dated 14 July 2020, the Geographical Indication
(GI) Registry, Chennai refused to grant the GI tag to
Uttarakhand Jyan Salt Tea. Upon the receipt of the application
in May 2019, the Registrar of GI proposed to convene a
consultative group meeting consisting of experts to verify the
contents of the application. The meeting was held and the
expert committee after deliberations and verifications of
documents made their recommendation that the indication is a
newly coined terminology and no historical reputation was
established by the Applicant and therefore does not qualify to
obtain the tag. The Applicant was further granted an
opportunity to justify the application via hearing. However,
the Applicant was not able to prove the historical data and
origin of the product. The application was filed by Hinwal
Nidhi Swayat Sahkarita and Neo Integrated Development of
Himalaya Society.

Authored and compiled by Uma T.S, Shreya Chaddha & Varun GK

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