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Tag: Intellectual Property Appellate Board

  • CNN triumphs in trademark battle against GNN India

    CNN triumphs in trademark battle against GNN India

    MUMBAI: Four years on, US cable and satellite television giant CNN has finally won a trademark battle against media company GNN India Ltd (GNN) after taking it to court for using a similar logo.

    The Chennai bench of the Intellectual Property Appellate Board (IPAB), headed by Justice Manmohan Singh, while issuing an order in February this year, said the Indian firm adopted the trademark ‘GNN’ that is confusingly and deceptively similar to the American media company’s trademark ‘CNN’.

    The bench also directed the registrar of trademarks to remove the already registered trademark of the Indian company from the trademark register. “The respondent (GNN) has cleverly structured the impugned mark ‘GNN’ with a view to coming close to the ‘CNN’ trademark,” the order said.

    GNN was founded in 2009 by Manoranjana Sinh, estranged wife of former Union minister Matang Sinh. Both of them were arrested by the CBI separately for their alleged involvement in the Rs 2,000 crore Saradha chit fund scam.

    The American news channel moved the IPAB in April 2014 after it learned of the impugned mark being registered with the trademark register.

    The IPAB chairman, while issuing his final order in the case, observed that the Indian firm had adopted the original trademark with bad faith.

    “From an overall comparison of the marks, it is apparent that the rival marks are extremely similar. As such it will lead to a likelihood of association with the brand ‘CNN’ whose services, being broadcasting and telecommunication, are virtually identical,” the order stated, adding that it clearly displays the Indian firm’s unlawful intent to trade upon the goodwill and worldwide reputation associated with the ‘CNN’ trademark.

    GNN did not file any counter statement nor did it appear on the dates on which it was summoned by the appellate board. “The company has not been able to justify how it hit upon an identical mark as an imitation of the trademark of CNN,” the order said.

    “The objective of maintaining a trademark register is that the public should know whose goods they are buying and with whom particular goods are associated,” the order added.

     

  • Copyright Board may become part of Intellectual Property Appellate Board

    NEW DELHI: The Copyright Board may soon be a part of the Intellectual Property Appellate Board (IPAB).

    Though the move was hardly unexpected in view of representations by creative artists, the modus operandi of making this part of the Finance Bill came as a surprise.

    Although Intellectual Property was shifted from Human Resource Development Ministry to the Department of Industrial Policy and Promotion (DIPP) early last year, several stakeholders including writers, software producers and singers and musicians felt that copyright should not be part of one single Ministry or Department.

    The Finance Bill 2017 piloted by the finance minister Arun Jaitley and passed in the Lok Sabha earlier this week has proposed this merger

    The Bill proposes an amendment to the Copyright Act so as to transfer the functions of the Copyright Board to IPAB which as of now deals only with matters relating to trademarks, patents and geographical indications.

    There is also a proposal to amend the rules pertaining to qualifications, appointment and other terms of service of the members of IPAB as provided under the Trade Marks Act. It introduces Section 89A to the Act which leaves these matters to be solely governed by Section 179 of the Finance Act 2017 in respect of members appointed after the commencement of this Act. The Central Government will then make rules in this regard.

    Being a money bill, the Finance Bill had to go the Lok Sabha first and then receive assent of the Rajya Sabha, which is only empowered to make suggestions. It will become law after receiving the Presidential assent.

    The Finance Bill also proposed merger of seven other tribunals (including the Competition Law Appellate Tribunal and the Cyber Appellate Tribunal) with other existing tribunals.

    However, the move of including several non-finance/taxation related amendments in a money bill has not gone unnoticed, and some opposition parties see this as a way of by-passing the Rajya Sabha where the Government would otherwise have difficulty in getting controversial legislation through.

    However, Finance Ministry sources said these amendments are related to government expenditure.

    Meanwhile, the ministry of information and broadcasting confirmed to indiantelevision.com that on the applications of several film bodies, it was working on an alternative for overseeing implementation of IPR laws for the entertainment industry.