[Turbanator]

Red Label is a true mystery

perhaps the words are too generic

‘Red Label’ cannot be trade mark as words are common to the trade and not distinctive

https://taxguru.in/corporate-law/red...tinctive.html/

[Durango Dude]

Skoda should be taken to court for a lot many 'infringements' other than this!

[v12]

Even Kinetic was not allowed to use the name "City Car" because the City was a copyright of Honda. It's a different thing that the Kinetic car never saw the light of the day (Cars that havent seen the light of the day.).

[v12]

2 decades ago Kinetic faced the same problem when they had announced plans to launch their affordable small car - City Car. They were now allowed to use the name "City" because Honda objected to it. It's a different thing that the City Car never ever saw the light of the day. (Cars that havent seen the light of the day.)

Royal Enfield Continental GT - Bentley Continental GT - No issues
Royal Enfield - Yamaha Royal Star - RE objected the use of the word Royal by Yamaha.

[jalajprakash]

The language of the decision indicates that this is a temporary stay, not a final decision, aka the government has received a complaint from Monte Carlo garments and has asked Skoda to pause sales and promotion until both parties can be called to court and the issue can be discussed. Skoda hasn't had the chance to present their side of the argument yet and tell the courts yet that Monte Carlo is an area in Monaco where a famous rally they participate in, takes place. Once all arguments are heard, the the court will decide if sales can continue or will be permanently restricted.

Cheers!

[AMG Power]

There are two different aspects being discussed here - company name which is controlled by the Registrar of Companies and where you cannot register a company with a particular name if there is another similar one already in existence. Not applicable here as Monte Carlo is not the name of a company.

The second is trade mark infringement. As has been pointed out, it is usually not possible to register a trade mark of a proper noun.

It's like someone registering New Delhi Inner wear. And the court saying you can't have a car with the name New Delhi. Although both of these won't happen because everyone knows New Delhi so a trade mark registration will not be given, it gives an idea of the ridiculousness of whole thing.

Te trade mark registration authority should have declined to register Monte Carlo as a trade mark in whatever context. Maybe the guy didn't know what it was and thought it was some word concocted by the garment guys.

The court itself doesn't seem to know the law and has given an injunction without understanding the facts.

Monte Carlo is used in connection with so many brands overseas. Unfortunate that Skoda is the one that landed in trouble because of the situation here.

[gopalnt]

According to this NDTV report, Skoda has been refrained from using the term "Monte Carlo", as it an infringement against an apparel manufacturer.

https://auto.ndtv.com/news/skoda-ban...ia-1762917/amp

[ferrarirules]

Originally Posted by jalajprakash

The language of the decision indicates that this is a temporary stay, not a final decision
Cheers!

Completely agree. This is not the end of the court case. Court just granted a temporary injunction because they found similarity in the car model name and the Indian clothing brand. Now what will follow is a legal battle where Skoda will try to prove how "Montecarlo" word they use is different from the clothing brand and isn't anywhere close.

[WhiteFang]

I always thought it was Class specific.With this logic Tata motors can do much harm to Indigo airlines(Interglobe Aviation). Both are listed in NSE/BSE and are used for transportation. (Unlike the case here).

[Mad Max]

I seriously hope the city of Monte Carlo forces this garment manufacturer to change their name.

Our archaic trademark laws definitely up the internet humor watermark.

[Aiel]

First of all, coming to the Monte Carlo (MC) term being registered by MC, they would have ideally filed the trademark (TM) in the class for clothes/apparels. Since MC is a city/town, the TM office would have no objections to the TM being filed and being registered.

Coming to the case against Skoda, even though they may have it registered only in the TM class for clothes/apparels, they can claim that it has become famous and people in India on hearing the term 'Monte Carlo' think of sweaters and warm clothes. MC's case would be based on the above mentioned notion of the fame of the MC term.

Since this is a temporary injunction, Skoda can still argue against the same (though it may take some time). The most likely scenario would be that there would be negotiations between Skoda and MC about usage of the term for vehicles.

[Surya-TJet]

This is quite funny honestly.

On one hand, we have an apparel company which sells clothes under a brand name.

On the other, we have a car manufacturer which sells cars with the same name.

Now, my two questions are these:

1. Has the court resolved all of its' pending cases such that it can allot time to provide such a quick and totally illogical decision simply based on one organization's allegation against another?

2. Has anyone (including all Team-BHPians) ever gone out for purchase of a nice cashmere sweater (which is a very famous product of the apparel company) and then got confused due to the name and ended up buying a car? Or in this fashion, any other product for that matter; especially across such extremely different segments?

When will such idiots cease to exist? This is just amazing..!!

Talk about cheap publicity stunts..!!

[Mad Max]

Told my driver to go buy Nandhini milk - he came back with Nandhini, his neighbor.

Told my wife I wanted a Maruti, she bought me a idol of Hanuman.

Told my boss I wanted an apple, he bought me an iPhone X.

... we can keep going down this frivolous path till we end up in the world of no logic or reasoning. I can definitely understand trademark / logo / IP infringement because of association to a value stream close to the intended product. Example, if Park Avenue launched a Monte Carlo edition, they have every right to upset. Not one person would stretch their imagination from a sweater to a car. Period.

For all you know, it could've boosted their sales - Monte Carlo branded sweaters / hoodies etc. "Hmm.. I own this new car, maybe I should get a Monte Carlo sweater just so that I wear something with Monte Carlo written on it". Not the other way around.

[condor]

Well, the honourable court is seeing both parties on level ground. A name is a name. Forget that car is different from a cardigan. Let alone a sweater.

[Fulcrum]

Just hoping that the TVS motor company doesn't sues Boeing when the APACHE Attack helicopters reach India in 2019 for our Army & Air Force. 😁