IPR Assignment
Appellants: N.R. Dongre and Ors.
Vs.
Respondents: Whirlpool Corporation and Anr.
FACTS & CASE HISTORY:
The Whirlpool Corporation (“Respondent 1”), is a multi-national company incorporated in U.S.A under the laws of the State of Delaware. TVS Whirlpool Ltd. (“Respondent 2”) is a private limited company incorporated in India in which the Respondent 1 is a majority shareholder. Respondent 1 since 1957 had 2000 trademark registrations all over the world across 65 countries. In 1956, Respondent 1 obtained the trademark registration of “WHIRLPOOL” but in 1977 the trademark registration expired as a result of a failure of renewal.
Seeing the opportunity, Mr. N.R. Dongre and his company filed for an application for registration of trademark ‘Whirlpool’. Thereafter, when the registration application was published, Respondents 1 & 2, under the banner of TVS Whirlpool Ltd. opposed the granting of registration of the trademark. However, the Assistant Registrar of Trade Marks dismissed the claims of TVS Whirlpool Ltd on the following grounds:
•
…show more content…
• There would not be any likelihood of any confusion arising if Mr. N.R Dongre and his company is allowed to sell out products bearing the name’ Whirlpool’.
Aggrieved by this decision, TVS Whirlpool Ltd. filed for an appeal against the order of the Assistant Registrar before the Delhi High Court. They filed for a petition under Section 46 and 56 of the Trade Marks Act, 1958 seeking for cancellation of registration of trademark for N.R. Dongre and his
This was not only a business decision, but it carried social and ethical responsibilities with it because the company was thinking for the benefit of its shareholders and consumers by making more energy-efficient products while keeping consumer prices fair. By moving the operation to Mexico this allowed the company to do so. But their ethical and social responsibilities to the community and to their employees were not held up due to lay-offs and relocation. Whirlpool did not
The district court found that Burger King’s property right in the trademark was superior to Hoots’s because of the natural expansion of Burger King’s business throughout Illinois but that Hoots still had the right to use its trademark in the area in which it first adopted it innocently without notice of Burger King’s competing trademark. Hoots appealed.
Thus, the Federal Circuit will uphold the Trademark Trial and Appeal Board’s factual findings, unless they are unsupported by substantial evidence. Questions of fact include whether a trademark is descriptive ; whether a trademark is generic ; whether a trademark has been abandoned ; and whether a trademark has acquired inherent distinctiveness . To the contrary, legal conclusions by the Trademark Trial and Appeal Board are reviewed by de novo. The overall legal conclusion of a likelihood of confusion is a legal determination that is reviewed de novo. This legal determination is based on underlying factual findings of the Board’s application of some or all of the thirteen factors set forth in In re E.I. DuPont DeNemours & Co., 476 F.2d 1357 (CCPA 1973). These factual findings will be evaluated under a substantial evidence standard of review. Thus, the Federal Circuit will uphold the Trademark Trial and Appeal Board’s factual findings, unless they are unsupported by substantial evidence. Although the DuPont factors are reviewed for substantial evidence, the Trademark Trial and Appeal Board’s overall determination of likelihood of confusion is reviewed without
However it has been said that because the product and the business are so vastly different from one another that the two may use the same name without misleading consumers (McWilliams Wines Pty Ltd v McDonald’s System of Australia Pty Ltd (1980) 49 FLR 455).
The Whirlpool Europe case provides an opportunity to look at different ways to evaluate a major IT investment the company is considering. To undertake this analysis we have to make a few assumptions because the case does not have all the details needed to estimate benefits and investment cost. However, if you were in a company faced with this situation, these numbers would be available.
The Great Brand Controversy is written very one-sided; however, Lewis does have a good point. A “brand” name does not constitute the perfect product. Ingredients, quality of workmanship, and cost are what a consumer is looking for. While the brand name item may offer all of these, consumers need to be aware of their own needs and use resources available to them in order to make good decisions. For example, you don’t have to go to Dorothy Lane Market to get the best foods. The no-name
“First, I would like to start off with a brief introduction of the company that you will be helping increase sales for during this promotional time. Whirlpool Corporation was founded in 1911 in St. Joseph, Michigan. So with over 100 years of experience Whirlpool is the world’s leading global manufacturer of home appliances. Focusing on consumer needs fuels our growth and keeps us relevant in homes around the world. We exist to create purposeful innovation that keeps homes running smoothly so personal and family lives can flourish.”
Centralized Pricing – no wonder it takes 110 days to reprice its entire product line, when you are trying to manage an 180,000 line report. The centralized pricing will make Whirlpool more competitive in its 170 countries worldwide. Very smart move.
After viewing the previous examples and analyzing their identity through some critical eyes, it might be easier to understand why these companies are on the top 10 of many lists and reviews online. So if we were to follow the previous rules discussed and used the past marks as inspiration to create a trademark for a catering company in New York City, these could be some of the results. Where there is a play between a more iconographic looks or clean designs in order to foster that idea of a high-end clientele.
The paper that was submitted on behalf of my group included arguments for Canada that were irrelevant to the case. As we discussed on the date of submission, I am submitting this brief correction that will highlight and correct those irrelevancies. Our paper initially cited and falsely compared “New Zealand - Comite Interprofessionel du Vin de Champagne v. Wineworths Group, Ltd.” to DS520. The New Zealand case may be used to argue a question of how trademarks are protected if the average consumer can distinguish the difference between a trademarked good and the comparable alternative and the trademark has not become generic. Unfortunately, this case has no relevance to DS520 as the legal issues are completely different.
The company’s new focus was on developing an emotional connection with the customer and increasing brand loyalty. The change was to re-positioning the company towards a customer service approach. This later became the business model that other white good manufacturers would benchmark themselves against. The CEO at the time made it clear that, the company was aware of changing consumer trends, and wanted to appease the customer’s hybrid needs. Nancy Snyder, who was appointed Whirlpool 's Vice President of Leadership and Strategic Competency Development, said, "You begin to see the magnitude of infrastructure that has to change to support it (plans to reinvent the corporate culture to embed innovation as a core competency). And remember, we weren 't adding on to a core competency. We were creating one that didn 't exist" (cited in Rivkin et al, 2005).
It has come to our attention that your company has used Ulthera’s trademark and copyrighted images and photographs to advertise and sell your products, without authorization or consent. Please note that your use of the trademark infringes of our trademark rights, your reproduction of the photographic copyright material of Ulthera infringes the copyright property rights, and your acts also constitute violations of Ulthera's rights under anti-unfair competition law.
After 40 years of dedicated service for the Kroger Co., it is with mixed emotions that I announce the retirement of Patty Johnson, District 1 Drug G/M Coordinator. Patty joined the Kroger Co. in 1976 as a cashier and has held many leadership roles through the years, including Lead Bookkeeper, HR for new store openings, District Accounting trainer, Key Retailing Specialist, FE Coordinator, Quevision rollout Coordinator, WiES Coordinator and Drug/GM Coordinator.
The commercial of Samsung Electronics’ Water- less washing Machine shows Samsung Electronics employing the core components of the marketing mix to achieve its marketing objectives. The interaction between the price, product, place and promotion has far reaching effects on the company’s long term strategy. This relates to how Samsung segments, targets and positions (STPs) itself to tap into a sizeable customer base for the water less washing machine. Samsung invests Rs.5million in the water less washing machine’s innovation and Rs. 2million in television and online promotion of the product to drive profitability and sales volumes. Additionally the company is targeting loyal middle and upper class customers in Pakistan while positioning the less energy- water consuming and moderately high priced (price skimming) washing machine as a strong brand in the home appliances market of urban populations. Furthermore, the company segments the market according to demographics like education, age and gender (Khan 29).
For international business strategy, Hill and Jones (2004) suggested that there is four basic components of strategy development need to be addressed by a firm in order to succeed in foreign markets. These components are: ¡¥distinctive competence¡¦, ¡¥scope of operations¡¦, ¡¥resource deployment¡¦, and ¡¥synergy¡¦. By applying the theory, it is revealed that Whirlpool¡¦s distinctive competence is its brand name ¡V Whirlpool, the world¡¦s largest white-goods manufacturer. For the scope of operations, Whirlpool is specialised in broad middle market niche of white-goods products. In terms of resource deployment, Whirlpool allocates the resources equally to its three product lines. As far as synergy concern, due to the poor business performance of Bauknecht and Ignis, Whirlpool is not benefited in whole.