Infringement of

trademark.
SHIVAM BADOLIA
MMRB –B (93)
TABLE OF CONTENT

 1. What is trademark?
 2.What is trademark infringement?
 3.Case studies of trademark infringement.
 4. Thank you
What is Trademark?

 A trademark is a symbol, design, word, or phrase that

identifies one business’ goods or services from those of
another. For example, McDonald’s has a trademark that is
recognized worldwide – a giant yellow “M.”
What is trademark infringement?

• Trademark infringement is the unauthorised usage of a

mark that is identical or deceptively similar to a registered
trademark.
•This may lead to confusion, deception, or a
misunderstanding about actual company a product or
service came from.
Some important case studies!

Harley Davidson VS. Sunfrog (2017)

 • Harley Davidson, the motorcycle manufacturer, sued SunFrog, an
online marketplace for custom apparel, for selling products with
designs featuring Harley Davidson logos and trademark without
permission
 . • The case resulted in a $19.2 million judgement in favor of Harley
Davidson, and SunFrog was also ordered to shut down infringing
listings
 Starbucks vs. Sardarbuksh coffee
 Starbucks has its logo and name registered and is globally recognized . It is a well-known
trademark with its logo depicting a crowned maiden with long hair in green colour.
 • Sardarbuksh’s logo has a turbaned man with wavy lines extending from the sides. This
makes the Sardarbuksh coffee and co. ‘s logo looks very similar to that of Starbucks.
 • The Delhi high court advised the defendants to go for new branding for its upcoming
outlets. So, the defendants changed their name from “Sardarbuksh Coffee & Co.” to
“Sardarji-Bakhsh Coffee & Co for their upcoming outlets Starbucks has its logo and name
registered and is globally recognised. It is a well-known trademark with its logo depicting a
crowned maiden with long hair in green colour.
 • Sardarbuksh’s logo has a turbaned man with wavy lines extending from the sides. This
makes the Sardarbuksh coffee and co. ‘s logo looks very similar to that of Starbucks.
Louis Vuitton vs. Louis Vuitton Da
 • The louis Vuitton dak is a famous fried chicken restaurant based in South Korea,
that lost battle against the world renowned designer Louis Vuitton.
 • As the logo and the packaging of the restaurant are deceptively identical to
designer’s iconic imagery.
 • This compelled the defendant to altered its name to LOUISVUI TONDAK, with
a fine of $14.5 million
Lacoste S.A vs. Crocodile International ltd

 • Lacoste, the French clothing company known for its crocodile logo, filed a
lawsuit against Crocodile International, a company in Singapore.
 • The company used similar crocodile logo on its clothing.
 • The court ruled in favor of Lacoste, protecting its trademark and branding.
Adidas vs. Forever 21
 • Adidas very recently filed a lawsuit against clothing retailer Forever21, alleging,
“three stripe” design constitute “counterfeit products”.
 • Adidas reports they have invested millions to build and protect three stripe
design as a trademark.
 • Forever21 may have been able to avoid this lawsuit by evaluating their recent
designs against adidas’ products and trademarks.
THANK YOU