Mango Loses Bid to Block Cosmetics Trademark in Singapore

by T+B BLOG TEAM on Wednesday, 12 July, 2017

Spanish retailer Mango’s attempt to block TheFaceShop’s trademark for “Mango Seed TheFaceshop” in Singapore has been overruled.

The Intellectual Property Office of Singapore (IPOS) called the Mango trademark "not highly distinctive" because it "could be considered descriptive of the products," such as mango-flavored or scented. The ruling found that TheFaceShop’s trademark’s use of the words "The FaceShop" and "seed" served to distinguish it from the Mango trademark. In particular, it noted that the use of the word “seed” eliminated any possible confusion between the two marks.

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Topics: trademark, trademark infringement

Mother Teresa’s Blue-Striped Sari Trademark Disclosed

by T+B BLOG TEAM on Tuesday, 11 July, 2017

The trademark registration for the blue-striped sari worn by Mother Teresa of Calcutta became official in India last year, but it only recently came to light since the trademark owners — the Missionaries of Charity — the order of nuns she founded, was not interested in publicity.

Applications for use of the blue stripes on stationery, textiles, and for social and charitable services were first filed in December 2013 and the trademark was granted by India’s Trade Marks Registry on September 4, 2016 — the same day Mother Teresa was canonized by Pope Francis.

Biswajit Sarkar, an attorney for the Missionaries of Charity, told The Times of India that the “charity wasn’t too eager to highlight the fact as it isn’t too keen on punishing people.” Sarkar went on to say that the organization would take “severe” legal action against any unauthorized use of the design, including charitable organizations, pointing out that no exceptions will be made for religious orders and non-profits. “. . . whether it is for commercial gain or not is not the issue,” Sarkar said. “We are thinking about our identity. If the blue pattern, which is unique in the world, is diluted or used by the public, then one fine morning the organisation will lose their identity.” (To learn more about the significance of the blue-striped sari, visit the Mother Teresa of Calcutta Center website.)

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Topics: trademark, trademark infringement

Fruit of the Loom Sues ‘Fruit of the Tomb’ Brand

by T+B BLOG TEAM on Thursday, 6 July, 2017

‘Fruit of the Tomb’ as a clothing brand? Well, some say it’s Halloween-themed, but its owners say it’s more along the lines of “Gothic and Neo-Gothic apparel” or as it says on its website, “unique, fun and slightly twisted clothing.”

Anyway . . . Texas-based En Garde filed a trademark application with the USPTO for Fruit of the Tomb in July 2015 in international class 25 — clothing. The mark was published for opposition in November 2015.

Fruit of the Loom, the clothing company mostly known for its underwear and its colorful bundle of fruit logo, is suing En Garde for trademark infringement after sending them a cease-and-desist in 2015 and filing a notice of opposition (which is still pending). According to the Fruit of the Loom website, its trademark was registered in 1871, “making it one of the world’s oldest brands.”

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Topics: trademark, trademark infringement

Hershey Files Trademark Infringement Suit Against Hotel Using Founder’s Name

by T+B BLOG TEAM on Wednesday, 21 June, 2017

Hershey, Pennsylvania is the home of The Hershey Company, the chocolate company founded by Milton S. Hershey. It’s often called “Chocolatetown, USA.” The town and nearby area feature Hershey’s Chocolate World, The Hotel Hershey, the amusement park Hersheypark, Hersheypark Stadium, the Milton Hershey School for underprivileged children, Hershey Gardens, and the Penn State Milton S. Hershey Medical Center, among other Hershey-named venues.

Recently, a hotel opened in town called The Milton Hotel, named after the chocolate company’s founder. It’s website, miltonhotelhershey.com says: “The Milton Hotel Hershey is conveniently located at the intersection of Route 422 and Sipe Avenue, only two miles from Hersheypark and all of the major Hershey attractions . . .”

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Topics: trademark, trademark infringement

Art Basel Sues Adidas for Trademark Infringement

by T+B BLOG TEAM on Wednesday, 7 June, 2017

Art Basel, the annual international art fair, is suing Adidas for trademark infringement over the sneaker company’s distribution last year of 1,000 pairs of special edition sneakers featuring its trademark.

The art exhibition regularly licenses partners, like BMW, NetJets, Piguet, and others to use its mark. However, the lawsuit, filed in Florida, claims that Adidas’ use of the mark was “an unauthorized reproduction” that “misrepresents an association, show partnership, sponsorship or other affiliation” between the two organizations.

Perhaps not surprisingly, long after the 2016 show had closed, the sneakers are appearing for resale on websites like eBay. The suit claims: “Adidas knew or should have known that the presence of images of the Art Basel mark on the infringing sneakers posted on eBay advertisements would continue confusing and misleading of the public.” 

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Topics: trademark, trademark infringement

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