Trademark Infringement Cases Against Flipkart & BigBasket

Metro Shoes, a multi-brand footwear chain in India, has alleged Flipkart of selling a private label by the brand name of Metronaut, which is deceptively similar to Metro’s eponymous brand.
Flipkart launched Metronaut as a private label brand in July 2017. Metronaut supports over 300 styles in men’s clothing and accessories.

Metro Shoes operates over 200 outlets in and around 100 cities. The footwear retailer has filed a trademark infringement case against Flipkart in Bombay High Court and has also alleged that the ecommerce company is selling shoes, among other products, under the brand name Metronaut, said Piyush Shah, Metro Shoes’ lawyer, in a media statement.

BigBasket faces court proceedings over trademark infringement

After Metro Shoes allegations over Flipkart for violating trademark rights, BigBasket is facing court proceedings for infringing ‘Royal’ trademark owned by Tea maker Girnar Food and Beverages.
According to the beverage brand, the Alibaba-backed e-grocer entities including B2B arm SuperMarket Grocery Supplies and Innovative Retail have been selling several products under the brand name – ‘Royal’ – which is a flagship brand of Girnar Food and Beverage.
For uninitiated, under the ‘Royal’ brand, the Mumbai-based tea brand has been selling many variants but has registered Royal Cup Tea as its flagship brand.

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Shoe designer Christian Louboutin wins ECJ case over red soles

French luxury shoe designer Christian Louboutin won a lengthy EU legal battle over trademarking his signature red-soled high-heeled shoes, the court and the company said on Tuesday.
Louboutin took Dutch shoe maker Van Haren to court in the Netherlands in 2012 after Van Haren sold similar shoes, with the Parisian designer insisting he had already registered the style in Europe.

"I can confirm that Louboutin won the case. The Dutch company has to respect the trademark," a spokesperson for the European Court of Justice, the bloc's top court, told AFP.
The arcane legal dispute centred on whether Louboutin's trademark involved a shape or a colour.
The Dutch company took the case to the EU court citing European regulations that shapes by themselves cannot be registered as trademarks.

But Louboutin argued that the use of a colour in a certain position -- specifically in this case a red pigment called Pantone 18 1663TP -- can be.
Judges in Luxembourg on Tuesday rejected the official advice of their own top lawyer, who said in February that the red soles could not be trademarked.
The French shoemaker hailed the decision as "victory for the Maison Christian Louboutin."

"The European Court of Justice today confirmed that the legal regime governing shape trademarks does not apply to Christian Louboutin's 'red sole' mark," the company said in a statement.
"The red colour applied on the sole of a woman's high heel shoe is a position mark, as Maison Christian Louboutin has maintained for many years. Maison Christian Louboutin warmly welcomes this judgement."

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Atari sues Redbubble for trademark and copyright infringement

Video game brand Atari is taking on online retailer Redbubble for selling counterfeit and copyright-infringing products.
Atari filed its claim at the US District Court for the Northern District of California, San Francisco Division on Monday, June 11.

Atari claimed that it has marketed, promoted, licensed and sold products under its name and logo for more than four decades.
The lawsuit alleged that through “extensive and continuous promotion and sales, unsolicited press, and word of mouth”, Atari owns the common law rights in various trademarks and trade dress, including the ‘Atari’ name and logo.

According to the claim, visitors to Redbubble can upload designs which the website can then display on a variety of apparel, such as t-shirts and phone cases. Redbubble splits the profit with the individual who uploaded the design when an item displaying it is purchased.
Atari alleged that Redbubble is “advertising, marketing, creating, displaying, offering for sale, selling, distributing, and profiting from massive quantities of counterfeit Atari products”.

Atari is seeking a permanent injunction preventing Redbubble from designing and selling goods displaying its IP, and damages no less than $150,000 per registered copyright and no less than $2 million per registered trademark.









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E-40 Sues Author for Using His "Captain Save A Hoe" Trademark

E-40 might be suing a novelist over his 90s hit song "Save a Hoe." The rapper claims CJ Allen, the author of "Captain Save A Hoe" has ripped his famous song off.

Allen, the author of "Captain Save A Hoe" has ripped his famous song off. So far, E-40 (born as Earl Stevens in 1967) issued a letter to CJ Allen in which he claims he has a trademark on his 1993 track, which covers merch, services and, most importantly, publications ... like "novel books in the fields of urban fiction."

TMZ reports that according to "Forty Fonzarelli," "Allen's book infringes on his song's copyrights and confuses fans." According to the court documents, obtained by TMZ, "a lawsuit will be filed if CJ Allen doesn't scrap the novel and provide a full accounting of all money made off it."

CJ Allen is currently in prison, but his wife claims that E-40 doesn't have a case because there is no way the readers will "confuse the book's, a sexy woman in a cape with an 'S,' with the main character in 40's music vid, a guy in a shirt and cape with a 'C.'"

E-40, a founding member of the rap group The Click and Sick Wid It Records has released twenty-seven studio albums to date, appeared on numerous movie soundtracks, and has also done guest appearances on a host of other rap albums.

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ICANN sues EPAG for GDPR clarification

The Internet Corporation for Assigned Names and Numbers (ICANN) has filed injunction proceedings against EPAG, a German domain register, in an attempt to seek clarity in interpreting the EU’s General Data Protection Regulation (GDPR).
EPAG, which is part of the Tucows Group, had informed ICANN that when it sells new domain name registrations, it would no longer collect administrative and technical contact information, as it believed the collection of the data would violate the GDPR.

But ICANN requires this information to be collected as part of its contract with EPAG and recently adopted a temporary specification on how WHOIS data should be collected and which parts should be published.
ICANN said that if EPAG’s actions stand, those trying to access full WHOIS records for legitimate purposes, including security, law enforcement, and intellectual property rights holders, may no longer be able to.

John Jeffrey, ICANN’s general counsel and secretary, said: “We are filing an action in Germany to protect the collection of WHOIS data and to seek further clarification that ICANN may continue to require its collection.”
“It is ICANN's public interest role to coordinate a decentralised global WHOIS for the generic top-level domain system. ICANN contractually requires the collection of data by over 2,500 registrars and registries who help ICANN maintain that global information resource."


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China Approves 5 New Trademarks For Ivanka Trump Business As President Forges ZTE Deal

Ivanka Trump’s business has won approval from the Chinese government for at least five new trademarks. The approval came just days before President Donald Trump announced he was working on a controversial deal to drop U.S. prohibitions against China cellphone manufacturer ZTE.

Another trademark was given trial approval. The trademarks grant Ivanka Trump operations exclusive rights to market a variety of products in China that could potentially amount to millions of dollars in profits. Ivanka Trump Marks LLC received approval last year for several other trademarks after she began working in the White House. Three of them were granted the same day she dined with Chinese President Xi Jinping at Mar-a-Lago.

The applications for the trademarks were submitted over a year ago, and the trademark registrations were accepted May 7. Just five days later Trump announced he was working on a deal to lift U.S. business barriers against ZTE in order to save Chinese jobs.

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