Facebook vs Facebake is only the latest in a series of trademark wars
Earlier this week, the Delhi High Court permanently restrained a Bengaluru-based cake shop from using the name “Facebake” or “Facecake”, or in fact any other Facebook trademark, after Meta Platforms, which owns Facebook, went to court.
This wasn’t the first such case. And it is unlikely to be the last.
Dozens of flea markets, Delhi’s Chor Bazaar being one, for instance, sell clothes, shoes, watches and colognes named after world-renowned brands. Popular coffee chains, mineral water brands, fast-moving consumer goods (FMCG) companies and many others have had to grapple with violations of intellectual property rights (IPR).
So, where do we stand when it comes to IPR?
Under Indian laws, trade mark is a mark “capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours".
Also Read: Meta aims to address human rights impact amid Rohingya genocide row
Anyone trying to use a brand that is deceptively similar to another popular brand (e.g. in font, format, colour scheme, etc.) is an infringer. "In addition to a similar sounding name, ‘Facebake’ was also using the same font and the blue-on-white colour scheme popularised by Facebook,” says Anupam Shukla, partner at Mumbai-based Pioneer Legal.
There have, however, been instances where similar sounding names have co-existed.
Which begs the question: When does a name become an infringement?
Meghna Mishra, partner at Delhi-based Karanjawala & Co, says it depends on how well-known a mark is. “Other things such as the brand’s international presence, application and a reputation built during the time also determine if one is entitled to protect those marks,” she says.
In cases like these, the conduct of the alleged violator has to be taken into account, she explains. “The look and feel of the cake shop was similar, so it comes in the ambit of unfair advertising. The shop was riding on Facebook's reputation, diluting its mark,” she says.
How wide is the scope of such laws? Well, it comes with riders.
Cadbury in 2019, for instance, lost its battle in the UK to protect its right to use purple wrappers for its chocolates. After losing the appeal, too, it gave up a trademark. The lawyers had said the company may have decided the trademark application is unenforceable after a court ruled that it was too wide-ranging.Earlier this week, the Delhi High Court permanently restrained a Bengaluru-based cake shop from using the name “Facebake” or “Facecake”, or in fact any other Facebook trademark, after Meta Platforms, which owns Facebook, went to court.
This wasn’t the first such case. And it is unlikely to be the last.
Dozens of flea markets, Delhi’s Chor Bazaar being one, for instance, sell clothes, shoes, watches and colognes named after world-renowned brands. Popular coffee chains, mineral water brands, fast-moving consumer goods (FMCG) companies and many others have had to grapple with violations of intellectual property rights (IPR).
So, where do we stand when it comes to IPR?
Under Indian laws, trade mark is a mark “capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours".
Also Read: Meta aims to address human rights impact amid Rohingya genocide row
Anyone trying to use a brand that is deceptively similar to another popular brand (e.g. in font, format, colour scheme, etc.) is an infringer. "In addition to a similar sounding name, ‘Facebake’ was also using the same font and the blue-on-white colour scheme popularised by Facebook,” says Anupam Shukla, partner at Mumbai-based Pioneer Legal.
There have, however, been instances where similar sounding names have co-existed.
Which begs the question: When does a name become an infringement?
Meghna Mishra, partner at Delhi-based Karanjawala & Co, says it depends on how well-known a mark is. “Other things such as the brand’s international presence, application and a reputation built during the time also determine if one is entitled to protect those marks,” she says.
In cases like these, the conduct of the alleged violator has to be taken into account, she explains. “The look and feel of the cake shop was similar, so it comes in the ambit of unfair advertising. The shop was riding on Facebook's reputation, diluting its mark,” she says.
How wide is the scope of such laws? Well, it comes with riders.
Cadbury in 2019, for instance, lost its battle in the UK to protect its right to use purple wrappers for its chocolates. After losing the appeal, too, it gave up a trademark. The lawyers had said the company may have decided the trademark application is unenforceable after a court ruled that it was too wide-ranging.Earlier this week, the Delhi High Court permanently restrained a Bengaluru-based cake shop from using the name “Facebake” or “Facecake”, or in fact any other Facebook trademark, after Meta Platforms, which owns Facebook, went to court.
This wasn’t the first such case. And it is unlikely to be the last.
Dozens of flea markets, Delhi’s Chor Bazaar being one, for instance, sell clothes, shoes, watches and colognes named after world-renowned brands. Popular coffee chains, mineral water brands, fast-moving consumer goods (FMCG) companies and many others have had to grapple with violations of intellectual property rights (IPR).
So, where do we stand when it comes to IPR?
Under Indian laws, trade mark is a mark “capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours".
Also Read: Meta aims to address human rights impact amid Rohingya genocide row
Anyone trying to use a brand that is deceptively similar to another popular brand (e.g. in font, format, colour scheme, etc.) is an infringer. "In addition to a similar sounding name, ‘Facebake’ was also using the same font and the blue-on-white colour scheme popularised by Facebook,” says Anupam Shukla, partner at Mumbai-based Pioneer Legal.
There have, however, been instances where similar sounding names have co-existed.
Which begs the question: When does a name become an infringement?
Meghna Mishra, partner at Delhi-based Karanjawala & Co, says it depends on how well-known a mark is. “Other things such as the brand’s international presence, application and a reputation built during the time also determine if one is entitled to protect those marks,” she says.
In cases like these, the conduct of the alleged violator has to be taken into account, she explains. “The look and feel of the cake shop was similar, so it comes in the ambit of unfair advertising. The shop was riding on Facebook's reputation, diluting its mark,” she says.
How wide is the scope of such laws? Well, it comes with riders.
Cadbury in 2019, for instance, lost its battle in the UK to protect its right to use purple wrappers for its chocolates. After losing the appeal, too, it gave up a trademark. The lawyers had said the company may have decided the trademark application is unenforceable after a court ruled that it was too wide-ranging.Earlier this week, the Delhi High Court permanently restrained a Bengaluru-based cake shop from using the name “Facebake” or “Facecake”, or in fact any other Facebook trademark, after Meta Platforms, which owns Facebook, went to court.
This wasn’t the first such case. And it is unlikely to be the last.
Dozens of flea markets, Delhi’s Chor Bazaar being one, for instance, sell clothes, shoes, watches and colognes named after world-renowned brands. Popular coffee chains, mineral water brands, fast-moving consumer goods (FMCG) companies and many others have had to grapple with violations of intellectual property rights (IPR).
So, where do we stand when it comes to IPR?
Under Indian laws, trade mark is a mark “capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours".
Also Read: Meta aims to address human rights impact amid Rohingya genocide row
Anyone trying to use a brand that is deceptively similar to another popular brand (e.g. in font, format, colour scheme, etc.) is an infringer. "In addition to a similar sounding name, ‘Facebake’ was also using the same font and the blue-on-white colour scheme popularised by Facebook,” says Anupam Shukla, partner at Mumbai-based Pioneer Legal.
There have, however, been instances where similar sounding names have co-existed.
Which begs the question: When does a name become an infringement?
Meghna Mishra, partner at Delhi-based Karanjawala & Co, says it depends on how well-known a mark is. “Other things such as the brand’s international presence, application and a reputation built during the time also determine if one is entitled to protect those marks,” she says.
In cases like these, the conduct of the alleged violator has to be taken into account, she explains. “The look and feel of the cake shop was similar, so it comes in the ambit of unfair advertising. The shop was riding on Facebook's reputation, diluting its mark,” she says.
How wide is the scope of such laws? Well, it comes with riders.
Cadbury in 2019, for instance, lost its battle in the UK to protect its right to use purple wrappers for its chocolates. After losing the appeal, too, it gave up a trademark. The lawyers had said the company may have decided the trademark application is unenforceable after a court ruled that it was too wide-ranging.
Admin | 15-Jul-2022 | BUSINESS