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Trademarks and Their Infringement

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Divya Ramesh

on 12 March 2013

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Transcript of Trademarks and Their Infringement

The Precedents ....... Was the lesson taken a little too seriously?? Tata Sons Limited vs Greenpeace
International Tata sons : steel plant
Greenpeace : international environmental NGO Make the Connection.. Trademarks and their Infringement Apoorva N.
Divya Ramesh
Harsha Bhatia
Madhumita Kedlaya What is Trademark? Trademark identifies a Brand Name errr....... Sounds familiar? Born Strong Weak Trademarks Internet Domains can also be registered as trademarks Unregistered trademarks
have legal protection
in a small geographic
area Registering the trademark
gives increased legal
protection and more
remuneration in case of
violation Getting your own Trademark Art Against Commerce.. Face of the product - association with quality Choose a relevant trademark Check if it is already registered Get it registered Can your Company Name be a Trademark? The Controversy Judgement Purpose Be Funny The Curious Case of The PTO Had.... "THE MARK CONSISTS OF THE EXHAUST SOUND OF APPLICANT'S MOTORCYCLES, PRODUCED BY V-TWIN, COMMON CRANKPIN MOTORCYCLE ENGINES WHEN THE GOODS ARE IN USE." Dismissed on the grounds of.. The Opponents... Lanhan Act : Any word, name symbol or device or any combination thereof

Non-traditional : Unique/distinct, Secondary Meaning Symbol : Sound - Varies

Secondary Meaning : did not achieve

Functionality : Only or Patents But What They Actually Missed...... Q : What's Harley.com got to do with Harley-Davidson? A: Nothing apart from the fact that they share the same first word! TATA signed to construct and expand the Dhamra port
Greenpeace concered for endangerment Olive Ridley Turtles 13 years later TATA proved its conformance to the environmental laws
Greenpeace creates a game 'Turtle v. TATA' to create awareness amongst the people Turtle v. TATA Embarrassed by the online game
TATA Sons filed a lawsuit against Greenpeace claiming defamation and trademark infringement
Asked for Rs. 10 crore in damages False designation of origin/unfair competition in violation of Section 43(a) of the Lanham Act (i.e. trademark infringement)
Common law unfair competition
Trademark dilution in violation of N.Y. Gen. Bus. Law 360-l Warner Bros Inc. Won! Louis Vuitton V/s Warner Bros Inc In favor of Greenpeace
Decision based on facts that Greenpeace is:
Non-profit organization
Did not mean to defame TATA
purely environmental concern Allegations Issues Mispronounced as "Lewis" instead of Lewee
Use of a fake Diophy bag Louis Vuitton V/s Hyundai Allegations
Trademark Dilution Issues Use of LV "Toile Monogram" on the basketball Hyundai Lost! Intentions.. Warner Bros Inc. : Funny!
Hyundai : Trademark Infringement!
Full transcript