Acko versus Acko: Insurer cries trademark violation in China, moves Indian govt

livemint.com:

barred India's Tesla Power from publishing advertisements with a Tesla trademark, after Elon Musk-led Tesla Inc. sued the Gurugram-based company for using its trademark. Tesla Inc.

argued that Tesla Power's use of the trademark in India was causing confusion among consumers and potentially harming its business interests. On 30 May, Tesla Power asked its partners and vendors to remove the Tesla logo from their electric scooters. The case hearing is still on.

Acko's application was rejected in China because unlike countries that recognize well-known international trademarks, China grants them to whoever applies first, the people cited above said. Acko Technologies, the parent of Acko General Insurance, has owned the trademark Acko in India since December 2017. Under the Paris Convention for the Protection of Industrial Property, to which both India and China are signatories, every trademark registered in the country of origin shall be accepted for filing and protected by all other treaty signatories, Acko highlighted in its letter to the Indian government, according to the people who have seen the correspondence.

Also read | How Tesla's first India lawsuit will affect EV trademark battles Legal experts, however, say IP laws are local. Cyril Amarchand Mangaldas has seen similar instances in the past, said Swati Sharma, who heads intellectual property rights at the law firm. This is because China is a “first-to-file" country, and does not recognize the concepts of “spillover reputation or common law rights", Sharma said.