Ipr presentation on Trademark
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A trademark is a type of intellectual property that distinguishes the source of goods and services through names, words, designs or other identifiers. Trademarks can be registered under classes such as chemicals, machines or medical instruments. There were several famous trademark disputes including between Apple Corps and Apple Computer over the Apple name, which was finally settled in 2007 when Apple bought the trademark rights. Another case was between the environmental group WWF and the World Wrestling Federation over the initials WWF, which resulted in the wrestling group changing its name to WWE.
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Ipr presentation on Trademark
- 2. What is Trademark …? • A trademark is a type of an Intellectual property and a trademark must be anything that identifies and distinguishes the source of the goods or services. It is like a brand name, which is important for the business as they allow the companies to establish the reputation of products which they produce.
- 3. Trademark can be- • A trademark is typically a name, word , phrase, design, image etc. • Trademark means a mark capable of distinguishing the goods or services of one person from those of others and may includes shape of goods their packaging and combination of colour. • Refer to Rahul’s Presentation:- https://www.slideshare.net/RahulKirmani/tradema rk-180006473?qid=c854f3ab-92b9-4b8c-9888- c64c89f43c8d&v=&b=&from_search=2
- 5. Trademark classification in India • Trademark in India is classified in about 45 different classes, which includes chemical substances used in industry, paint, machine tools, medical and surgical instruments etc. • These classes are further sub-divided and the main purpose of trademark classification is to group together the similar nature of goods and services.
- 14. Apple corps v/s Apple computers
- 15. 1978-1981 Apple corps [the Beatles founded holding company and the owner of Apple records] filed a lawsuit against Apple Computer for Trademark infringement. This was settled down in 1981 with an amount paid to Apple corps $80,000. As a condition of the settlement- Apple computer agreed not to enter the music business and Apple corps agreed not to enter the computer business.
- 16. 1991 This time an, Apple employee named Jim Reekes had included a sample system sound called as sosumi …. In the end Apple computer agreed that we would not distribute music materials and the have to pay $26.5 million to Apple corps.
- 17. 2003-2006 In September 2003, Apple corps again sued Apple computers. Using the Apple logo in the creation of Apple computer’s i-tunes Music Store which was a violation of previous agreement. In 2003, Apple corps rejected $1million to use the Apple name on the i-tunes store. On 8May,2006 the court ruled in the favour of Apple computers.
- 18. • Neil Aspinall, the manager of Apple corps indicated that company did not accept the decision and announced that it would be filing an appeal and putting the case again to the Court . • And the judgement orders Apple corps to pay 2million pounds[near about 18 crores].
- 20. 2007 On February 2007, Apple computers and Apple Corps announced a settlement of their trademark dispute. The settlement includes terms that Apple computer was buying out Apple corps trademark rights for a total of $500 million. Commenting on the settlement that- Steve Jobs[Apple CEO] said- We love the Beatles and it has been painful being at odds with them over these trademarks and this feels great to resolve this in a positive manner. In the end, On September 2007 Apple release new i-pod touch in which ‘The Beatles’ catalogue would appear on i-tunes.
- 21. Apple wins EU trademark case against Xiaomi • This case was started in 2014 when Xiaomi’s Mi Pad was introduced. Then the Chinese brand initially filed an application for an EU trademark on its Mi pad. • In 2016, Apple had complained to the EU Intellectual Property Office, which sided Apple claims that Mi pad has a close resemblance to Apple’s iPad [screen size, device materials, resolution] and they are saying that consumers could be misled and assume that the Mi Pad is a variation of Apple’s iPad .
- 22. So, Court was not allowing Xiaomi to trademark its tablet series. They only apply for Trademark for their tablet series if they make changes in their logo, or in their features of Tablet.
- 24. WWF v/s WWF
- 25. • In this case, World Wildlife Fund based in Switzerland trademarked the WWF logo in 1961. • In 1989, it changed name to World Wide Fund for Nature but kept it’s logo remain same as WWF. • In the same year the wrestling organization started in 1979 as Titan sports applied for trademark its name as the WWF and owns the use of Trademark in United States. • In 1993 WWF filed a trademark infringement lawsuit in Switzerland. • But that suit ended in 1994 in which Court ordered that WWF had to stop using the initials outside the United States but they broke the agreement. • And for this In 2000 WWF again bought another suit alleging breach of the 1994 agreement as they were using their mark which resulted in expansion of various satellites and growing popularity of Wrestling. • In 2001, a court in London ruled in its favour and WWF officially change its name to WWE. They won a battle against World Wrestling Federation by announcing its name change to [World Wrestling Entertainment].This case lasted for 13 years.