Kashish IPR | Intellectual Property | Registration Law Firm: Trademark Rights

Monday, 20 July 2020

Madras High Court Restrains Patanjali from Using the ‘Coronil’ Trademark

The controversial drug, Coronil (claimed as a cure for COVID-19), by yoga guru Ramdev’s Patanjali Ayurved Ltd, has quite recently received a blow, with the Madras High Court restraining the company from using the ‘Coronil’ trademark.

Justice CV Karthikeyan has passed the interim order valid till 30th July 2020 on the plea of Arudra Engineering Private Limited, a Chennai-based company claiming that it owns the ‘Coronil’ trademark since 1993. According to the company, which specializes in manufacturing chemicals and sanitizers for cleaning containment units and heavy pieces of machinery, it got the ‘Coronil-213 SPL’ and ‘Coronil-92B’ trademarks registered in 1993 and has been diligently filing all the Trademark Renewals since then. The company stated that its Trademark Rights are valid until 2027. While claiming that its products with the Registered Trademark own a global presence, the company mentioned that its clients include Indian Oil and BHEL. For substantiating its claim, the company also presented the sales bills of its products in the last five years.

The company said that the mark adopted by Patanjali for selling the drugs is identical to its registered trademarks in all aspects. The company further stated that although the products sold by Patanjali are different; however, the use of identical trademarks would still infringe upon its Intellectual Property Rights (IPRs). According to the company, permitting Patanjali to continue using the mark shall have a direct effect on its goodwill and reputation created over its registered trademark for even more than 26 years in both domestic and international markets.

After Patanjali came up with ‘Coronil,’ the Union AYUSH Ministry (the Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homoeopathy, abbreviated as AYUSH) had, on 1st July 2020, said that the company would be allowed to sell the drug only as an immunity booster and not as a cure for COVID-19.

Ramdev, on the other hand, had reacted to the criticism received on the efficacy of ‘Coronil,’ by saying that some people were hurt by the rise of indigenous medicine. For view source: https://www.kashishipr.com/blog/madras-high-court-restrains-patanjali-from-using-the-coronil-trademark/

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Thursday, 11 June 2020

Netflix Secures 'Space Force' Trademarks Ahead of the US Armed Forces

The Netflix original comedy, ‘Space Force,’ starring Steve Carell and based on the new branch of the military launched by President Donald Trump, has quite recently obtained the Trademark Rights for the name before the US government.

Space Force is the space warfare service branch of the US Armed Forces. According to various reports, the show has efficiently secured the trademark rights to the name ‘Space Force’ in multiple places, including Mexico, Australia, and Europe. On the other hand, the Air Force, at present, has a pending Trademark Application for the registration of the name ‘Space Force’ in the US. The same implies that the show has more confirmed trademark rights than the US military.

Usually, the US Patent and Trademark Office (USPTO) grants trademarks as per the ‘First-to-use’ system, and Netflix had filed the trademark application for the name of the show as early as January.

In 2018, Trump had directed the Pentagon (the headquarters building of the US Department of Defense) to create a Space Force serving as the sixth and the youngest military service branch of the Department of Defense. The move has indeed been a talking point for President Trump in the past, with the supporters chanting ‘Space Force’ at his rallies taking place in the months following the directive.

The Netflix original show named after the branch debuted late last month. It revolves around the character of Steve Carell, who works as a General developing the new Space Force. The series, in addition to Carell, has other stars, including Ben Schwartz, John Malkovich, Lisa Kudrow, Diana Silvers, and Jimmy O. Yang.

Although most of the people across the globe do understand that there is a massive difference between the military ‘Space Force’ and the show ‘Space Force.’ However, the concept of a trademark can undoubtedly play an integral role in the merchandise confusion; for instance, if mugs or clothing were to hit the stores and the customers become curious to know who out of the two was selling the goods.

An Air Force spokesperson has recently mentioned that the military branch is unaware of any trademark conflicts at the moment with the fictional program ‘Space Force’ produced by Netflix. The entire branch has wished the best to the ‘Space Force’ show in its creative description of the newest branch of the military in the US. For view source: https://www.kashishipr.com/blog/netflix-secures-space-force-trademarks-ahead-of-the-us-armed-forces/