In a recent decision involving Forney Industries Inc.1, the United States Courts of Appeal has paved a way for the registration of a multi-coloured product packaging as a trademark, having inherent distinctiveness, without proving any secondary significance or acquired distinctiveness. Brief Facts: Forney Industries, Inc. (Forney), a United States (US) based corporation, is engaged in the business activity of manufacturing and selling accessories and tools for welding machineries, amongst others. The company sought trade mark registration for the packaging of its accessories and tools. The proposed mark which is based on use of commerce is depicted below: The Trademark application…
The first week of July 2017 comes up with a paradigm in patent licensing when two global cellular technology leaders, Telecoms network equipment maker Nokia and Chinese smartphone maker Xiaomi announced business collaboration and a multi-year patent agreement, including a cross-license to each company’s cellular standard-essential patents.
The iconic Taj Mahal Palace hotel in Mumbai has acquired an ‘Image Trademark’ under the Trade Mark Act 1999 for its architectural design. This is the first ever building in the country which got an intellectual property rights protection under the Image trademark. The move was motivated to protect the distinctiveness of the building’s legendary image & structure.
The new Trademark Rules have come into force on 6th March 2017¬ owing to the exponentially increasing number of trademark applications in the country. One of the most notable, as well as exceptionally priced amendments, is enumerated under Rule 124 of these new rules that have completely transmuted the procedure for the registration of a Well-Known Trademark.
The British pop music sensation, Ed Sheeran, yet again faces charges of infringement as the successors of Marvin Gaye, sued him, claiming that his hit record “Thinking Out Loud” infringes the song “Let’s Get It On”, which was composed by Gaye. The law suit has been filed in the Southern District of New York. The successors of the singer have claimed that Ed Sheeran had copied key elements of the aforementioned music track in his own song.
This would mark the second complaint of copyright infringement against Ed Sheeran in the last few months, before this he was sued for his song “Photograph”. The present lawsuit against him is for damages. The grounds of infringement are on the harmonic progression and melodic elements of Gaye’s “Let’s Get It On” formed the basic structure of the song “Thinking Out Loud”.