Tile Files Four Trademark Infringement Lawsuits Corresponding to Unauthorized Sales

Tile Inc., an American consumer electronics company specializing in providing wireless tracking devices and services, has quite recently filed four Trademark Infringement lawsuits against CellnTell Distribution Inc., 888 Digital Inc., S&W Dealz, and Digital Pavilion Electronics. The four lawsuits are filed in the New York Northern District Court, New Jersey District Court, Massachusetts District Court, and New York Eastern District Court, respectively.

Tile has accused all the four defendants of unauthorized and wrongful promotion and sale of its products. The company sells its products via authorized resellers. Additionally, it has also implemented an authorized reseller network for assuring that all of its products sold meet the high standards of quality control. Tile sells its products under the “Tile” brand, and none of the defendants in this lawsuit filed are authorized resellers. It got its “Tile” trademark registered long back and has been using it since 2014. The company always advertises, distributes, and sells all of its products to the customers under its Registered Trademark.

According to Tile, all four defendants are responsible for offering for sale and selling non-genuine Tile’s products under its registered trademark. It stated that the unauthorized sales don’t have the company’s warranty. It concluded by saying that the defendants are deceiving the customers in the market by selling the products that aren’t covered under Tile’s warranty and also lack quality. For instance, Tile believes that CellnTell Distribution and S&W Dealz are involved in selling stolen products on e-commerce platforms like Amazon by advertising that the products are all new. When it comes to 888 Digital, Tile mentioned that the company is marketing Tile’s products as new and deceiving the customers by selling used, liquidated, or even potentially stolen Tile products on its official business website. Meanwhile, talking about Digital Pavilion Electronics, Tile specified that the company is selling non-genuine Tile products bearing Tile’s registered trademark on Amazon and other platforms.

The defendants’ actions, without any second thoughts, have confused the customers and damaged Tile’s goodwill and reputation as the customers believe that they are buying the legitimate products in the scenario where the reality is the opposite.

As a consequence of these unauthorized actions, Tile has claimed in its lawsuit filed that it is losing upon a lot of profits and suffering a loss of the enormous goodwill and reputation, which the company has created in its registered trademark over the years. Additionally, Tile has stated that the unauthorized sellers have indeed infringed upon its registered trademark via the reproduction, sale, distribution, interstate commerce, and advertisement of its products. At last, Tile said that all the four defendants are involved in willful trademark infringement, unfair competition, deceptive trade practices, and false advertising violations. It is now looking forward to seeking injunctive relief, pre- and post-judgment interest, an award for damages, related costs and fees, and other relief as determined by the courts. ✅  For view source: https://www.kashishipr.com/blog/tile-files-four-trademark-infringement-lawsuits-corresponding-to-unauthorized-sales/

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Inter Miami Suffers Setback in Trademark Infringement Fight with Inter Milan

Inter Miami and Major League Soccer (MLS) have recently suffered a setback in the Trademark Infringement dispute with Serie A giants Inter Milan, as the U.S. Patent and Trademark Office (USPTO) dismissed one of the two arguments made by Miami that it should not be compelled to change its name.

On September 5, 2018, it was announced that the new Major League soccer franchise in Miami would be named Inter Miami CF – the official name Club Internacional de Fútbol Miami. As the team continued with a tradition of MLS teams copying European club titles like Real, Sporting, United, and City, the announcement raised some cries.

It also raised voices at Inter Milan, which filed a Trademark Application for its official name F.C. Internazionale Milano S.p.A in 2014 with the USPTO to get exclusive rights to use the term ‘Inter’ in the US, a move to prevent Inter Miami from marketing itself as ‘Inter.’ Inter Milan, in its application, contended that the team has become identical with the word Inter.

Despite the announcement made on September 5, MLS didn’t apply for the Trademark Registration for the name Inter Miami CF until September 25, 2018, and it wasn’t until March 2019 that MLS filed a notice of opposition to Inter Milan’s claim. The league, in the filed opposition, alleged that due to the widespread use of the word ‘Inter’ in soccer, the relevant customers don’t associate this word with one soccer team. Moreover, ‘Inter’ isn’t a source indicator for goods and services related to soccer.

The notice further claimed that the registration sought by the Applicant would damage MLS as such registration will prevent registration of ‘Inter’ with other wording even upon a showing of acquired distinctiveness in association with a soccer team.

According to many reports, Inter Milan successfully applied for a motion with the USPTO to dismiss the ‘likelihood of confusion’ claim by MLS. As the USPTO ruled, MLS claimed that several clubs worldwide use the term Inter in their name; for instance, SC Internacional of Porto Alegre, Inter Atlanta FC, FC Inter Turku (Finland), Brazil, Inter Nashville FC, NK Inter Zapresic (Croatia), Inter de Grand-Goave (Haiti), and Inter Leipzig (Germany). Nevertheless, the claim failed in showing that MLS possesses valid proprietary or ownership of the name ‘Inter.’

The USPTO ruling undermines one of the two key legal arguments of Miami. Although Inter Miami has used its right to replead the ‘likelihood of confusion’ claim and Inter Milan has filed a motion to dismiss it, the legal battle is expected to continue later this year. For more visit: https://www.kashishipr.com/ 

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Nirma Won Trademark Infringement Case Against a Rajasthan-based Salt Company

Gujarat-based Nirma Limited, a name trusted in almost every household across India for its wide range of quality products, like cosmetics, soaps, salt, etc., has won a Trademark Infringement case against a Rajasthan-based salt company.

A local Court restrained the Rajasthan-based salt company from promoting and selling its products not just under the brand ‘Neema Shudh Iodised Salt’ but also under any label with a mark similar to it. With the decision where a city civil court restrained Pawan Salt Suppliers to use the brand or mark confusingly similar to Nirma’s, it seems that the Nirma Ltd and Nirma Chemical Works Ltd who filed this 16-year-old lawsuit could now experience a sense of relief. As applicants, the two Nirma groups claimed that they have been marketing iodized salt and several other products under the trademarks Nirma and Nima for many decades, and these trademarks have made them acquire goodwill and reputation for their products across India.

Found to be engaged in the marketing of iodized salt, Pawan Salt is a partnership firm from Nawa City in Nagpur district in Rajasthan. The Nirma groups learned that Pawan Salt has been selling its products under the name ‘Neema Shudh Iodized Salt.’ Nirma’s representatives said that they approached Pawan Salt in the year 2004, and the Rajasthan-based company promised that it would stop using the name for its products. They added that one of the Pawan Salt’s partners also wrote and delivered a letter to them with this assurance.

However, everything remained as it was, i.e., Pawan Salt continued selling its product under the same name. That’s why Nirma came to court, alleging violation of its trademark rights. It complained that the style in which Neema Shudh is written is similar to how Nirma uses Nirma Shudh on its iodized salt, and therefore, led to confusion and deception in the market.

Nirma claimed that it got the label and Trademark Registered under Class 30 in 1969. Moreover, its Trademark Registration Protection for salt products is still valid, subsisting, and in force. The use of the deceptive name and label by the Rajasthan-based company made it earn a lot of money illegally on the name of Nirma. These facts clearly showcased that Pawan Salt amounts to an infringement on Nirma’s Intellectual Property Rights (IPRs), the plaintiff added.

After hearing the case and finding the information provided by Nirma to be correct, judge S H Patel ordered Pawan Salt to stop selling its salt under the name of ‘Neema Shudh Iodized Salt.’ For more visit: https://www.kashishipr.com/ 

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How to Monetize Your Trademarks?

No matter whether you have developed a fitness club, industry’s interesting technology, or a global agency, you as a businessman must protect every aspect of your Intellectual Property (IP). Undoubtedly, there are several ways in which you can do so, but the most vital one is registering your business’s or products’ actual name and the logo as trademarks.

Trademark

Trademarks can refer to any number of things, including words, logos, phrases, or slogans that help consumers make a clear distinction amid different companies with related products or services in the market. With this ability to provide a unique identity, a trademark cannot just safeguard the business name and logo from theft and piracy but also benefit the related company with remarkable goodwill and brand reputation.

Hence, when launching your business, it is vital to trademark the name and logo to ensure protection against issues like losses due to Trademark Infringement or confusion that makes consumers buy from your competitors rather than you.

Besides providing the opportunity to preserve your hard work from getting misused by others, Trademark Registration can aid you to make money. A few famous trademarks worth billions. For instance, Google’s trademark values around $44.3 billion, Microsoft’s weighs in at $42.8 billion, and Walmart’s comes in at $36.2 billion.

As billion-dollar values don’t befall overnight, it will be in your best interest to start building an IP portfolio now so that you can upsurge the monetary value of your business by capitalizing on your trademarks.

Steps You Should Take to Ensure Your Trademark has Value

Get Creative

Before filing Application for Trademark Registration in India or any country you want, ensure that the slogan, name, or logo is memorable and distinctive. Besides, it should be your creation, i.e., not copied from anywhere, and must not be confused with any other company or brand.

Almost all successful brands use marks made up of words and images that not just portray their business but also describe their products and services in new and unusual manners.

Focus on Slogan

A remarkable way to enhance your trademark portfolio and make more value is to have an amazingly marketable slogan based on the current trend and industry. Consider the case of boxing ring announcer Michael Buffer, who has made not less than $400 million with his trademarked phrase ‘Let’s Get Ready to Rumble.’ This appears as a great example when it comes to monetizing a trademark.

Make it Legal

To enjoy the comprehensive benefits, you need to complete the Trademark Registration Process of your mark successfully. In this process, you, first of all, should apply for it with the associated department, like the trademark registry in India and United States Patent and Trademark Office (USPTO) in the United States.

Once the relevant department or Office finds that the Trademark Application has met all the filing requirements, it’d assign a serial number to the application and then send the same to an examining attorney. If the attorney decides that there are problems in allowing the registration of your mark, he/she will issue a notice, which explains their arguments against registering your trademark and outlines the changes needed in the application. You, as an applicant, should respond to the notice as soon as possible.

As the complete Trademark Registration Process in India or any nation seems time-taking and tricky, working with an experienced Trademark Attorney can be the best for you. Being skilled and aware of legal rights, matters, etc., he/she can help you in streamlining the process, along with overcoming the challenges that may prevent successful application or registration of your mark.

1.     Analyze Your Options

Once the creative name, slogan, or logo with which you came up is registered, you are ready to monetize your trademark. Here’re some options you should analyze:

• License Your Trademark: Trademark Licensing is a fairly common practice to capitalize on any registered mark. Licensing your trademark to another company or person means that you are allowing the same to use it for particular products and services in exchange for the expected fees. Think of celebrities or sports teams who allow others to use their names, images, etc., on things like beauty products, soft drinks, restaurants, and more.
• Co-branding with Another Company: It allows both parties to take advantage of each other’s goodwill and brand reputation. It is a good way to attract more consumers and enhance your sales. Apple and Nike working together on goods for athletes, Bonne Belle and Dr. Pepper collaborating on a flavored lip gloss, are the two well-known examples of this type of joint venture.
• Making Money through the Securitization of Your Trademark: It is the concept that enables the companies to use the value of their trademarks to generate financing.

Monetizing your trademarks can bestow you with substantial new revenue streams. However, to grab the full advantage of the opportunity, you should not miss out on any single way to secure your valuable assets under the robust shield of Trademark Protection.

An experienced Intellectual Property Law Firm is one of the best sources to get any kind of help you need in this area. It can help you in successful registration as well as licensing of your trademark.

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Calcutta HC Grants Relief to Republic TV in Trademark Infringement Suit

The Calcutta High Court (HC) has recently granted relief to Arnab Goswami’s AGR Outlier Media Asianet News Pvt. Ltd. (plaintiff) in passing off lawsuit citing infringement of Republic TV’s trademark.

The Trademark Infringement suit had been filed against Shailputri Media Pvt. Ltd. (defendant) running an internet portal under the domain name ‘www.republichindi.com,’ obtained on May 6, 2017, the same day on which Goswami’s Republic TV was launched.

The plaintiff told the HC that even before May 2017 launch, Republic TV was advertised on a nation-wide basis for many preceding months. Moreover, the trademark for ‘Republic’ was received on November 20, 2016.

According to these facts, it was contended that the defendant had copied the trademark of the plaintiff. The plaintiff claimed that the defendant had used a domain name similar to Republic TV’s, and also ignored the legal notice sent to the defendant in this regard.

On the other hand, the defendant argued that the name of ‘Republic Hindi’ was conceptualized and implemented by itself. It was also argued that the plaintiff was looking for monopolizing the use of the term ‘Republic,’ even though it was a generic term with nothing distinctive in it. To strengthen this argument, the defendant also made reference to other media outlets using the word ‘Republic’ in their brand names, like the News Republic, online Republic Malayalam, online Republic – Tamil, and news republic India. The defendant continued by saying that the plaintiff doesn’t possess any right over the term ‘Republic’ and thus could not restrain anyone from using the same. Further, it was claimed that the defendant’s Republic Hindi portal had also been launched on May 6, 2017. Hence, the company could not have had any prior information regarding the plaintiff’s channel, which was also launched on the same day. The defendant then said that the domain name ‘www.republichindi.com’ was a reliable, concurrent, and bonafide adoption.

The Court observed the similarities between the logo of the Republic TV and the Republic Hindi, even though the two operated on different modes of media. It said that while the defendant’s claim regarding bonafide adoption of its domain name needs consideration, there’s nothing on record to clarify that it had conceptualized ‘Republic Hindi.’

The Court also observed the advertisements of March and April 2017, which show that the plaintiff had started using the mark many months before the defendant. It means the public at large was already made aware that the plaintiff would launch a TV channel under the name and logo of the ‘Republic TV,’ much before the defendant purchased the domain name ‘www.republichindi.com.’

Given all these facts and observations, the HC disposed on the plea by saying it found that the manner in which the term ‘Republic Hindi’ is being used by the defendant, the mark appears deceptively similar to that used by the plaintiff. Hence, in such circumstances, there would be an order in terms to provide relief to the plaintiff.

The plaintiff ARG in this matter was led before the HC by Senior Counsel Ranjan Bachawat and Advocate Rajarshi Dutta. While, the respondent was represented by Advocates Sayan Roy Chowdhury, Rudraman Bhattacharyya, Shuvasish Sengupta, etc.For more visit: https://www.kashishipr.com/ 

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Role of Cease & Desist Letter in Trademark Infringement

Trademark Infringement is a serious matter that often disturbs the functionality and ambiance of the Intellectual Property (IP) industry. Hence, one should address this issue as soon as it gets discovered. In the present era, on one side, companies or individuals who infringe trademarks do not comprehend the legal implications of cloning or using a mark without their owners’ consent, and on the other side, owners themselves are unaware of the procedure of stopping others from exercising these unlawful acts. These are the two main reasons why the number of trademark infringement cases is increasing day by day. Intended to provide you with a complete insight into the first step one should take to stop trademark infringement, i.e., Cease & Desist Letter, this article will be beneficial for you to evade legal concerns and expenses related to bringing formal proceedings for IP infringement.

What is a Cease & Desist Letter?

It refers to a legal document provided to an infringer who can be an individual or the entire business to cease the act of infringing on the original owners’ IP. It also asks the offending party to correct or compensate damages resulted due to the infringement. The letter serves to point out and end up the wrongdoing, which would be copying or using a trademark unlawfully on the part of a person or entity with legal justification. In short, it is a document that may help you to prevent the offender from continuing to violate your mark without facing unnecessary delays or costs associated with taking lawful actions.

Note that the cease & desist is applicable not just to trademark infringement; instead, it is also valuable in cases of defamation, harassment, or several other forms of IP issues. For instance, Patent Infringement, Copyright Infringement, and more.

Is a Cease & Desist Letter Legitimately Binding?

No, this letter is not legitimately binding. It just outlines the opinions and requests of a person, usually an IP Attorney or trademark solicitor representing the aggrieved individual or party. The letter doesn’t indicate even the court action that can be the next step if the offender fails (intentionally or unintentionally) to respond to the owner, i.e., the sender of the letter as he/she intended.

How to Write and Use a Cease & Desist Letter in Trademark Infringement Case?

By writing and sending a cease and desist letter in a precise way, the trademark owner can do the following:

·         Preserve Intellectual Property Rights (IPRs)

·         Set a precedent for future enforcement

·         Avoid costly legal actions

Now, when you are aware of what a cease and desist letter can help you with, let’s see how to write it.

Identify the infringement: First of all, investigate if it is a case of trademark infringement or any other IP issue. Trademark infringement happens if someone is selling or advertising products or services by using a mark, which is either the same or similar to your trademark.

Do the Research Work: Carry out searches to learn more about infringement and infringer behind it. Try to determine the intention of the offender. It will help you in understanding whether the infringing on your IP is accidental or on purpose, and thus, responding appropriately.

Consult to An IP Lawyer: While you can write and send the letter yourself, it’s in your interest to proceed under the assistance of an experienced attorney. He/she can help you in including all the facts, claims, and demands in the letter in a clear, legal, and understandable manner.

As a trademark owner, you can write and send this letter at any time, but starting the process right at the moment you notice infringement always sounds the best. It will help you to enforce your ownership rights efficiently and often prove enough to stop the offender. Nevertheless, to get the expected response from the receiver of the letter and authorities in case of legal actions (if needed), you must provide it with all the details of your trademark. For instance, your trademarked name or logo, the date when you filed a Trademark Application, and even the date on which you found that someone is unfairly using or copying it, everything should be included in the letter. You should also introduce all the proof pointing towards infringement to reinforce your case. At last, it is imperative to incorporate a section reflecting what the offender can do to rectify the situation.

Bottom Line

By providing the option to ask infringers to stop infringing on others’ IP, cease and desist letter acts as one of the most polite ways to prohibit the continuation of infringement issues. It helps both the parties to settle down the matter without wasting their valuable time and money in bringing up expensive legal proceedings. Hence, if anyone is making profits by using your trademark or any other IP without your consent, you should prefer resolving the case by writing and sending a polite letter to him/her. Sometimes, a stern demand to cease using or copying your mark may not work, whereas a formal letter can. Hopefully, this article has cleared almost every doubt you have regarding this legal letter. However, if you still have any concerns, it is advisable to contact a Trademark Law Firm or IP lawyer as these are the knowledgeable helping hands who can serve you with whatever assistance you want. For view source: https://www.kashishipr.com/blog/role-of-cease-desist-letter-in-trademark-infringement/

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