Q ---- Can the Punch lines used by proprietor of trademark in advertisement be considered as trademarks or as part of the trademark?
Q----Can infringement action (trademark / Copyright) would lie against any misuse of the advertising punch line?
Example:
COMPANY PUNCHLINE
ICICI BANK (“i” logo)---- "Hum hai na"
LIC (Close hands) --------------"Jeevan ke sath aur jeevan ke baad bhi"
BOOST ----------"Boost is the secrete of my Energy"
Parle -G ---------"G ma ne Genious”
Case Study:
Can any X person use punch lines (which forms essential part of others Y’s trademarks) as part of his advertisement in relation to the goods, without the consent of registered proprietor X of trade marks which is not registered in relation to the good for which it is proposed to be used by X.?
Can Y claim infringement of his trademark by X?
Can Y claim infringement of his copyright by X?
Can X claim right to use any words/ phrase as punch line?
Q----Can infringement action (trademark / Copyright) would lie against any misuse of the advertising punch line?
Example:
COMPANY PUNCHLINE
ICICI BANK (“i” logo)---- "Hum hai na"
LIC (Close hands) --------------"Jeevan ke sath aur jeevan ke baad bhi"
BOOST ----------"Boost is the secrete of my Energy"
Parle -G ---------"G ma ne Genious”
Case Study:
Can any X person use punch lines (which forms essential part of others Y’s trademarks) as part of his advertisement in relation to the goods, without the consent of registered proprietor X of trade marks which is not registered in relation to the good for which it is proposed to be used by X.?
Can Y claim infringement of his trademark by X?
Can Y claim infringement of his copyright by X?
Can X claim right to use any words/ phrase as punch line?
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Can the Punch lines used by proprietor of trademark in advertisement be considered as trademarks or as part of the trademark?
ANS-- As Trade mark ----- It should fulfill the defination of a trade mark. Trade Mark means mark which can distinguish the goods of one person from that of others, capable of graphical representation and used on goods or in relation to the services rendered. If the Punch Line are used then the Punchlines should be registered for the respective goods and services by the propritor of trade mark and used in advertisement in relation to the goods and services to acquired distinctiveness then it can be considered as a trade mark. Punch should not be generic or of descriptive nature to convey descriptiveness of trade mark.
Can infringement action (trademark / Copyright) would lie against any misuse of the advertising punch line?
ANS -- If the punch line is a trade mark and the same is registered and used in respect of the goods then infringment action can be initiated for its misuse and infringement.
ANS -- If the punch line is a trade mark and the same is registered and used in respect of the goods then infringment action can be initiated for its misuse and infringement.
Word per se there is no copyright for there is no copyright in advertising punchlines unless there is any artistic element which has seperate copyright as artistic work, therefore there cannot be claim for infringment of copyrights.
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