TRADEMARK

DELHI FIRM WINS TRADEMARK DISPUTE AGAINST TOYOTA

A Delhi-based automobile accessory supplier - Prius Auto Industries has won a lawsuit against Toyota, the world's leading Japanese car maker. The lawsuit was related to the use of "Prius" as a tradename.

The Delhi High Court has refused to give exclusive rights of the name 'Prius' to the Japanese company. Toyota manufactures its hybrid car with the name Prius, and Prius Auto Industries based in Delhi, uses the same name for chrome plated accessories for vehicles. Its customers include General Motors, Mahindra and Mahindra and Hyundai.

Prius Auto had registered the name 'Prius' under India's Trade Mark Act in 2002; the court accepted its contention on this basis. Toyota had claimed its right to use the name in India on the ground that 'Prius' was registered in more than 40 countries. Toyota had not objected to Prius Auto's Prius trademark for more than six years. This delay in objection over the trademark and no existing business of the carmaker in India with the name of Prius prompted the High Court's decision.

EU COURT UPHOLDS GOOGLE TRADEMARK

Google, the world's largest search engine, has not violated the rights of Louis Vuitton, the luxury goods maker by allowing online advertisers to buy keywords similar to its trademarks, according to Europe's top court. Though Google does not specify the sales from its paid ads, it makes 97 percent of its annual revenue of nearly $24 billion from advertising as paid ads are the strength of the Internet business model.

Brand owners are worried that Google's Adwords service, where advertisers bid to use their companies' proprietary brand names as keywords would weaken their reputation. The Adwords service allows sponsored links to advertisers' websites to pop up beside a user's keyword search results. They also fear that their competitors might buy a brand name as a keyword to redirect trade and traffic to themselves. Louis Vuitton had won a case against Ebay Inc, which was found guilty of misleading consumers by using misspelt versions of its brand as keywords to redirect users to Ebay website links.

Google mentions that valid complaints from brand owners would be taken care of and would prevent their rivals from using a trademarked keyword in their ad text. Brand owners have brought up five cases against advertisers at the European Court of Justice and Google faces eight cases in the United States over the sale of trademarked keywords.

LOUIS VUITTON AND HYUNDAI IN TRADEMARK DISPUTE

Louis Vuitton, the French handbag maker has filed a lawsuit against Hyundai, the Korean carmaker's over a Super Bowl commercial featuring a fancy basketball, alleging that it was decorated with a flashy logo that was very similar to its own logo.

In the lawsuit filed in the Manhattan federal court, the handbag maker seeks unspecified damages for illegal use of its trademarked symbols, which Louis Vuitton allege would ruin its value through unauthorized association with products of inferior quality. Louis Vuitton has demanded all of Hyundai's profits from the 30-second commercial.

The 2011 Hyundai ad shows cops eating caviar and a basketball game played with a golden net and a brown leather ball featuring an imitation of the design used by Louis Vuitton on handbags, trunks, purses and other accessories.

PATENT

ANOTHER BIO-PIRACY ATTEMPT FOILED

India has successfully prevented an American firm's attempts to patent the well-known Indian medicinal plant ashwagandha (Withania somnifera). Ashwagandha, also known as the Indian ginseng or the winter cherry, is commonly used to treat depression, diabetes and insomnia, in Ayurveda, Siddha and Unani forms of Indian medicine, with citations dating back to the 12th century.

Natreon Inc. had applied for a patent with the European Patent Office (EPO) in 2006. After documentation was received from the Traditional Knowledge Digital Library (TKDL), the EPO has decided to withdraw Natreon's application as ashwagandha was known since ages in different forms of Indian medicine.

The TDKL was a collaborative effort between the Council for Scientific and Industrial Research, the Ayush department of the health ministry and the ministry of science and technology. TKDL would be beneficial in enlisting and protecting our traditional forms of medicine and our natural resources, and also promote their use in India and across the world. This would lead to India playing a major role in the world market of natural medicine.

ONLINE SHOE COMPANY RECEIVES UTILITY PATENT

An online shoe company www.podiwear.com has received a utility patent for an innovative concept of interchangeable footwear options.

PODI, the Greek word for foot, is an innovative shoe design for which the patent is sought; it allows the consumer to easily interchange covers or uppers on footwear, such as a shoe and allows a variety of looks, styles, materials and designs. PODI sells their original shoe Men's and Women's online only, giving the consumer many cover options to choose from and they can even design there own footwear.

INDIAN FIRMS OUTSHINE US IN FDA DRUG FILINGS

Indian pharmaceutical majors are on the look out to grab the opportunity coming up in US, the world's largest drug market, as patents for a number of generally prescribed drugs are set to expire in the next few years. A considerable portion of filings to the US Food and Drug Administration (FDA) from India have been made since 2008, with Dr Reddy's Laboratories Ltd, Aurobindo Pharmaceuticals Ltd and Cipla Ltd, toping the list.

These drug makers have filed the maximum number of drug master files or DMFs, accounting for 29.25% of the total 7,183 such filings with the FDA as on September 2009, which is double the number of filings by local companies in the US.

The drug master file is the document filed by the drug makers to register active pharma ingredients (APIs) or bulk drugs in the US market. APIs are the raw materials used for making these formulations. One hundred thirty six Indian drug makers have filed DMFs with the USFDA for 450 drugs since 2008. The Indian Drug Manufacturers Association (IDMA) and the Indian Pharmaceutical Alliance (IPA) approximate that patents for nearly $60 billion of drugs are set to expire across the world in the next four years.

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