ESTTA Tracking number:
`
`ESTTA1398914
`
`Filing date:
`
`11/29/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91295092
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Chandra, Shubham
`
`CHANDRA, SHUBHAM
`BRAYDEN HILL TRAIL
`27302
`KATY, TX 77494
`UNITED STATES
`Primary email: shubhamchandra@chandraassociates.com
`Secondary email(s): shubham@cafresh-plus.com
`5083333810
`
`Answer
`
`Shubham Chandra
`
`shubhamchandra@chandraassociates.com, shubham@cafresh-plus.com
`
`/Shubham Chandra/
`
`11/29/2024
`
`Attachments
`
`USPTO Response.pdf(2123658 bytes )
`
`
`
`ESTTA1398914
`
`Filing date:
`
`11/29/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91295092
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Chandra, Shubham
`
`CHANDRA, SHUBHAM
`BRAYDEN HILL TRAIL
`27302
`KATY, TX 77494
`UNITED STATES
`Primary email: shubhamchandra@chandraassociates.com
`Secondary email(s): shubham@cafresh-plus.com
`5083333810
`
`Answer
`
`Shubham Chandra
`
`shubhamchandra@chandraassociates.com, shubham@cafresh-plus.com
`
`/Shubham Chandra/
`
`11/29/2024
`
`Attachments
`
`USPTO Response.pdf(2123658 bytes )
`
`
`
`Response to Apple Inc.'s Opposition to the DhwaniYantra Trademark
`
`United
`
`States
`
`Trademark
`
`Trial
`
`and
`
`Appeal
`
`Board
`
`(TTAB)
`
`Proceeding Number: [91295092]
`
`Introduction
`
`This response is submitted in opposition to Apple Inc.'s claims under Section 2(d) (Likelihood
`
`of Confusion) and Section 43(c) (Dilution by Blurring) of the Lanham Act concerning the
`
`DhwaniYantra trademark application. The applicant, Shubham Chandra, seeks to
`
`demonstrate that Apple’s arguments are without merit, as they fail to consider the distinct cultural,
`
`visual, market, and functional differences between the two trademarks. This document establishes
`
`that the DhwaniYantra trademark is unique, non-conflicting, and deserving of registration.
`
`The DhwaniYantra trademark encapsulates the innovative convergence of ancient Sanskrit
`
`roots and modern acoustic technology. The term combines “Dhwani” (Sound) and “Yantra”
`
`(Device), reflecting its mission to create tools that leverage sound for diagnostics and
`
`sustainability. Its target markets include specialized industries such as agriculture, food science,
`
`and pharmaceutical diagnostics, focusing on solving niche challenges through cutting-edge
`
`sound-based technology. In stark contrast, Apple Inc. operates within the consumer electronics
`
`and digital ecosystems domains, serving a general, global audience.
`
`Apple’s opposition disregards the cultural uniqueness, visual distinctiveness, and market
`
`separation that define the DhwaniYantra trademark. By conflating the DhwaniYantra logo—a
`
`representation of eco-friendly diagnostics and sustainability—with its own minimalist design
`
`
`
`1
`
`
`
`associated with consumer electronics, Apple fails to recognize the absence of any actual or
`
`conceptual overlap.
`
`This response outlines key arguments to support the uniqueness of the DhwaniYantra trademark
`
`and rebuts Apple’s claims, focusing on the following critical areas:
`
`
`
`1. Cultural and Linguistic Distinctiveness
`
`The DhwaniYantra trademark is deeply rooted in Sanskrit heritage, combining the terms Dhwani
`
`(Sound) and Yantra (Device) to signify tools for sound diagnostics. This cultural foundation
`
`underscores its distinct identity, which is in stark contrast to Apple’s Western-centric and
`
`technology-oriented branding.
`
`Key aspects of this argument include:
`
`• Dhwani: The transformative power of sound as conceptualized in Vedic literature and
`
`Indian philosophy.
`
`• Yantra: Precision tools symbolizing alignment and balance, with applications in both
`
`spiritual and material domains.
`
`2. Visual and Conceptual Differences
`
`The logos of DhwaniYantra and Apple are visually and conceptually distinct, reflecting their
`
`differing brand messages and target markets.
`
`• DhwaniYantra Logo:
`
`
`
`2
`
`
`
`o Design: A whole green apple encircled by headphones, with a soundwave icon.
`
`o Symbolism: Emphasizes eco-friendliness, sustainability, and acoustic diagnostics
`
`tailored for niche markets.
`
`• Apple Logo:
`
`o Design: A minimalist bitten apple with a detached leaf, often rendered in metallic
`
`or monochrome tones.
`
`o Symbolism: Represents simplicity, innovation, and consumer-centric technology.
`
`This section will present a comparative analysis of the logos to illustrate their visual and thematic
`
`separation.
`
`
`
`3. Market Segmentation
`
`The DhwaniYantra trademark operates within highly specialized industries, including:
`
`• Agriculture: Tools for assessing produce freshness, crop maturity, and shelf life.
`
`• Food Science: Non-invasive diagnostics for perishables to ensure quality and reduce waste.
`
`• Pharmaceuticals: Sound-based evaluation of herbal and medicinal products for authenticity
`
`and efficacy.
`
`By contrast, Apple dominates the consumer electronics and digital ecosystems markets, offering
`
`products such as iPhones, MacBooks, and entertainment platforms. There is no overlap in the
`
`industries or audiences served by the two brands.
`
`
`
`
`
`3
`
`
`
`4. Legal Precedents
`
`Established case law supports DhwaniYantra’s position, demonstrating that trademarks targeting
`
`niche markets with distinct branding and cultural identities do not infringe upon or dilute globally
`
`recognized trademarks like Apple’s. Relevant precedents include:
`
`• Starbucks v. Charbucks: Courts ruled that distinct markets and minimal audience overlap
`
`precluded both confusion and dilution claims.
`
`• Louis Vuitton v. Haute Diggity Dog: The court upheld the distinctiveness of niche
`
`branding, rejecting dilution claims even when opposed by a famous mark.
`
`These precedents will be analyzed to substantiate DhwaniYantra’s case for registration.
`
`
`
`Overview of the Response
`
`This response will comprehensively address Apple’s opposition by presenting detailed arguments
`
`under the following categories:
`
`1. Cultural and Linguistic Identity:
`
`o Analysis of DhwaniYantra’s Sanskrit-derived name and its philosophical and
`
`technological significance.
`
`2. Visual and Conceptual Differences:
`
`o Comparative breakdown of the logos’ designs, symbolism, and messaging,
`
`supported by annotated visuals.
`
`3. Market and Audience Separation:
`
`
`
`4
`
`
`
`o Examination of the distinct industries and audiences served by DhwaniYantra and
`
`Apple.
`
`4. Legal Analysis:
`
`o Application of Section 2(d) and 43(c) with supporting case law and factual
`
`distinctions.
`
`5. Public Interest and Cultural Diversity:
`
`o Argument for promoting culturally significant trademarks in alignment with global
`
`IP guidelines.
`
`By establishing that DhwaniYantra’s trademark operates in a separate market, addresses a niche
`
`audience, and reflects cultural innovation, this response will demonstrate that Apple’s opposition
`
`lacks merit and should be dismissed.
`
`
`
`
`
`
`
`5
`
`
`
`INTRODUCTION:
`
`A. Overview of the Case
`
`The DhwaniYantra trademark symbolizes the innovative confluence of ancient cultural heritage
`
`and modern technology. Rooted in Sanskrit, the term combines two profound concepts:
`
`1. Dhwani (sound), which represents the essence of existence and transformative power in
`
`Vedic philosophy.
`
`2. Yantra (device), denoting precision instruments used in both material and spiritual realms.
`
`The mark captures the essence of sound diagnostics, designed for specialized industries such as
`
`agriculture, food science, and pharmaceuticals. Through its sustainability-oriented focus,
`
`DhwaniYantra contributes to solving global challenges like food security, sustainable farming, and
`
`natural product evaluation.
`
`Despite its distinctive cultural and technological identity, Apple Inc. has opposed the
`
`DhwaniYantra trademark, alleging:
`
`1. Likelihood of Confusion under Section 2(d) of the Lanham Act.
`
`2. Dilution by Blurring under Section 43(c) of the Lanham Act.
`
`Apple’s opposition largely disregards the cultural uniqueness, visual distinctiveness, and market
`
`separation that define the DhwaniYantra trademark. This document explores the lack of overlap
`
`between the two brands, highlighting DhwaniYantra’s unique positioning in the trademark
`
`landscape.
`
`
`
`
`
`6
`
`
`
`B. Purpose of DhwaniYantra
`
`DhwaniYantra’s mission is to leverage soundwave technology to revolutionize diagnostic tools
`
`across specialized markets. Unlike Apple’s focus on consumer electronics, DhwaniYantra targets
`
`industry-specific challenges with innovative, non-invasive solutions.
`
`Applications of DhwaniYantra
`
`1. Agriculture:
`
`o Acoustic Tools: Assess crop maturity, produce freshness, and shelf life using
`
`soundwaves.
`
`o Sustainability: Enhance farming practices and reduce post-harvest losses.
`
`2. Food Science:
`
`o Non-Invasive Testing: Ensure freshness and safety of perishables through sound
`
`diagnostics.
`
`o Quality Control: Develop sustainable methods for maintaining food integrity
`
`during transport and storage.
`
`3. Pharmaceuticals:
`
`o Natural Product Evaluation: Ensure authenticity and efficacy of herbal medicines
`
`using acoustic methods.
`
`o Precision Diagnostics: Test medicinal products with non-invasive, soundwave-
`
`based tools.
`
`
`
`7
`
`
`
`These applications position DhwaniYantra as a niche innovator in addressing industry challenges,
`
`far removed from Apple’s consumer-focused domain.
`
`
`
`C. Cultural and Linguistic Identity
`
`1. Distinctive Origins of DhwaniYantra
`
`The DhwaniYantra trademark’s Sanskrit roots imbue it with profound cultural significance:
`
`1. Dhwani (Sound):
`
`o
`
`In Vedic literature, “Dhwani” represents the transformative power of sound.
`
`o The Rigveda describes sound as the universal vibration that underpins all existence,
`
`encapsulated in the concept of “Nada Brahma” (the world is sound).
`
`o Historically, sound was used in diagnostics, agriculture, and healing, aligning with
`
`DhwaniYantra’s focus on acoustic tools.
`
`2. Yantra (Device):
`
`o Represents precision instruments for spiritual and material alignment.
`
`o Ancient texts like the Shulba Sutras describe Yantras as tools for constructing
`
`temples, altars, and irrigation systems with geometric accuracy.
`
`o
`
`In Indian engineering, Yantras played a pivotal role in developing tools for
`
`diagnostics, agriculture, and architecture.
`
`The integration of Dhwani and Yantra results in a culturally rich trademark, emphasizing sound
`
`diagnostics while distinguishing itself from Apple’s Western branding.
`
`
`
`8
`
`
`
`D. Visual Distinctiveness
`
`1. DhwaniYantra Logo
`
`The DhwaniYantra logo embodies a blend of nature and technology, featuring:
`
`• A whole apple encircled by headphones, symbolizing sound diagnostics and sustainability.
`
`• A soundwave icon, highlighting its focus on acoustic innovation.
`
`• A green palette, representing nature, environmental harmony, and freshness.
`
`2. Apple Logo
`
`In contrast, Apple’s logo is minimalistic, featuring:
`
`• A bitten apple with a detached leaf, emphasizing simplicity and technological
`
`sophistication.
`
`• A metallic or monochromatic palette, reinforcing modernity and digital innovation.
`
`Comparison of Visual Elements
`
`Feature
`
`DhwaniYantra
`
`Apple
`
`Apple
`
`Whole apple with headphones and
`
`Bitten apple with detached leaf
`
`Design
`
`soundwaves
`
`Iconography Includes headphones and soundwaves Minimalist with no additional elements
`
`Color Palette Green tones for nature and diagnostics
`
`minimalism
`
`Monochromatic/metallic
`
`for
`
`tech
`
`
`
`9
`
`
`
`Feature
`
`DhwaniYantra
`
`Apple
`
`Represents sustainability and sound
`
`Represents
`
`simplicity
`
`and
`
`digital
`
`Symbolism
`
`diagnostics
`
`technology
`
`(See Appendix A that illustrates differences in design and symbolism.)
`
`
`
`E. Target Market and Consumer Base
`
`1. DhwaniYantra’s Target Audience
`
`DhwaniYantra caters to professionals in specialized industries, including:
`
`• Agriculture: Farmers, agronomists, and researchers focused on crop sustainability.
`
`• Food Science: Quality assurance teams monitoring perishable goods.
`
`• Pharmaceuticals: Experts ensuring the efficacy and authenticity of herbal and medicinal
`
`products.
`
`2. Apple’s Target Audience
`
`Apple’s broad, consumer-focused audience includes:
`
`• General consumers: Tech-savvy individuals seeking convenience and entertainment.
`
`• Corporate clients: Businesses using Apple’s productivity tools and hardware.
`
`Comparison of Market Focus
`
`
`
`10
`
`
`
`Market Feature DhwaniYantra
`
`Apple
`
`Agriculture,
`
`food
`
`science,
`
`Consumer
`
`electronics
`
`and digital
`
`Primary Focus
`
`pharmaceuticals
`
`ecosystems
`
`Audience
`
`Professionals in niche industries
`
`General consumers and corporate users
`
`
`
`F. Legal Context of the Opposition
`
`1. Section 2(d): Likelihood of Confusion
`
`Apple argues that DhwaniYantra’s mark could confuse consumers about the origin of goods.
`
`However:
`
`• Distinctiveness: DhwaniYantra’s Sanskrit roots and unique visual identity reduce any
`
`possibility of confusion. See Appendix G.
`
`• Consumer Perception: DhwaniYantra’s niche audience differs significantly from Apple’s
`
`broad consumer base.
`
`• Marketplace Differences: The two brands operate in entirely separate industries.
`
`2. Section 43(c): Dilution by Blurring
`
`
`
`Section 43(c) of the Lanham Act, also known as the Trademark Dilution Revision Act (TDRA),
`
`safeguards famous trademarks from dilution, even in the absence of consumer confusion or
`
`
`
`11
`
`
`
`competition. The core aim of this provision is to prevent the distinctiveness or reputation of a
`
`famous mark from being weakened over time.
`
`Apple Inc. has opposed the DhwaniYantra trademark under Section 43(c), claiming dilution by
`
`blurring. The opposition asserts that DhwaniYantra’s logo might impair the distinctiveness of
`
`Apple’s globally recognized logo. However, a detailed analysis of Section 43(c) and its application
`
`reveals that Apple’s claims lack merit.
`
`Key Provisions of Section 43(c)
`
`1. Dilution by Blurring
`
`• Definition: Occurs when the unique association between a famous mark and its
`
`goods/services is weakened by the use of a similar mark, even in unrelated markets.
`
`• Claim: Apple argues that DhwaniYantra’s logo dilutes the distinctiveness of its bitten apple
`
`logo.
`
`2. Dilution by Tarnishment
`
`• Definition: Happens when the reputation of a famous mark is harmed due to its association
`
`with an offensive or low-quality product.
`
`• Relevance: Apple does not claim tarnishment in this case, as DhwaniYantra’s mark does
`
`not carry any negative connotations.
`
`
`
`Factors Considered for Blurring (15 U.S.C. § 1125(c)(2)(B))
`
`
`
`12
`
`
`
`The law outlines six factors to assess whether a junior mark dilutes a famous mark through
`
`blurring. Each factor, when applied to the DhwaniYantra case, strongly favors the distinctiveness
`
`of DhwaniYantra’s logo and brand identity.
`
`1. Degree of Similarity
`
`• Analysis: The logos are visually and conceptually distinct:
`
`o DhwaniYantra’s Logo:
`
` Features a whole apple encircled by headphones.
`
`
`
`Includes a soundwave icon, emphasizing acoustic innovation.
`
` Utilizes a green palette to symbolize nature and sustainability.
`
`o Apple’s Logo:
`
` Displays a bitten apple with a detached leaf.
`
` Designed with minimalism to reflect simplicity and technological
`
`innovation.
`
` Typically presented in metallic or monochromatic tones.
`
`Conclusion: The stark visual and symbolic differences eliminate the likelihood of association.
`
`2. Distinctiveness of the Famous Mark
`
`• Apple’s logo is globally recognized as a distinctive symbol in consumer electronics.
`
`• However, its strength and fame further reinforce its separation from DhwaniYantra, a brand
`
`operating in niche markets like agriculture and food science.
`
`3. Fame of the Mark
`
`
`
`13
`
`
`
`• Apple’s logo is synonymous with technology and innovation, making it highly unlikely for
`
`consumers to confuse it with DhwaniYantra’s Sanskrit-inspired logo focused on sound
`
`diagnostics.
`
`4. Exclusivity of Use
`
`• Apple’s mark is exclusively used in consumer electronics and software.
`
`• DhwaniYantra operates in unrelated industries, focusing on sound diagnostics for
`
`agriculture, food science, and pharmaceuticals.
`
`5. Intent to Create Association
`
`• There is no evidence that DhwaniYantra intended to associate itself with Apple.
`
`• DhwaniYantra’s branding is deeply rooted in Sanskrit culture and emphasizes nature-
`
`centric innovation, which is entirely unrelated to Apple’s identity.
`
`6. Actual Association
`
`• No evidence suggests that consumers associate DhwaniYantra with Apple.
`
`• DhwaniYantra’s
`
`specialized
`
`target audience—professionals
`
`in agriculture and
`
`diagnostics—has no overlap with Apple’s general tech-savvy consumer base.
`
`
`
`Why Apple’s Claim Fails Under Section 43(c)
`
`1. Visual and Conceptual Distinctions
`
`• Apple’s minimalist bitten apple logo is iconic in the tech industry, while DhwaniYantra’s
`
`logo is detailed, symbolizing acoustic diagnostics and sustainability.
`
`
`
`14
`
`
`
`• The use of soundwaves and a green color palette further emphasizes DhwaniYantra’s focus
`
`on nature and innovation, separating it from Apple’s technological emphasis.
`
`2. Market and Audience Separation
`
`• Apple’s audience comprises general consumers seeking digital devices, entertainment, and
`
`software solutions.
`
`• DhwaniYantra’s audience includes professionals in agriculture, food science, and
`
`pharmaceutical industries. The absence of overlapping markets eliminates the risk of
`
`dilution.
`
`3. No Evidence of Actual Association
`
`• The distinct cultural and linguistic identity of DhwaniYantra ensures that it does not evoke
`
`Apple’s branding.
`
`• Consumers in DhwaniYantra’s niche markets are unlikely to associate its products with
`
`Apple’s consumer electronics.
`
`4. Legal Precedents
`
`1. Starbucks Corp. v. Wolfe’s Borough Coffee, Inc. (Charbucks Case):
`
`Outcome: The court ruled that Starbucks failed to prove dilution by blurring because of the
`
`lack of actual association and distinct market contexts.
`
`Relevance: Similarly, DhwaniYantra’s distinct market focus and audience protect it from
`
`being associated with Apple.
`
`2. Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC:
`
`
`
`15
`
`
`
`Outcome: The court held that a parody product (“Chewy Vuitton”) did not dilute the
`
`famous Louis Vuitton mark due to its distinct context and audience.
`
`Relevance: DhwaniYantra’s specialized audience ensures no harm to Apple’s brand
`
`reputation.
`
`
`
`Conclusion
`
`Section 43(c) aims to protect famous marks like Apple’s from losing their distinctiveness.
`
`However, Apple’s claim of dilution by blurring against DhwaniYantra fails because of the
`
`following:
`
`1. Visual and Conceptual Differences:
`
`o DhwaniYantra’s logo and branding are inherently distinct, emphasizing sound
`
`diagnostics and sustainability rather than technology.
`
`2. Market and Audience Separation:
`
`o DhwaniYantra operates in agriculture, food science, and pharmaceuticals, fields
`
`entirely unrelated to Apple’s consumer electronics domain.
`
`3. No Evidence of Association:
`
`o Consumers are unlikely to confuse DhwaniYantra with Apple due to their starkly
`
`different markets, branding, and target audiences.
`
`4. Supporting Precedents:
`
`
`
`16
`
`
`
`o Legal cases, such as Starbucks v. Charbucks and Louis Vuitton v. Haute Diggity
`
`Dog, demonstrate that distinct markets and audiences negate claims of dilution.
`
`Recognizing the DhwaniYantra trademark supports cultural diversity and niche innovation while
`
`safeguarding the integrity of Apple’s brand. The distinctiveness of DhwaniYantra’s mark ensures
`
`that it poses no threat to Apple’s logo under Section 43(c).
`
`G. Cultural and Philosophical Foundations
`
`1. Historical Significance of ‘Dhwani’:
`
`• Cosmic Sound: The Rigveda portrays sound as a transformative force that sustains the
`
`universe, resonating with DhwaniYantra’s focus on acoustic diagnostics.
`
`• Nada Yoga: In Indian music, sound is a path to harmony, reflecting DhwaniYantra’s
`
`sustainable diagnostic philosophy.
`
`2. Historical Significance of ‘Yantra’:
`
`• Precision Tools: Ancient texts describe Yantras as tools for engineering and diagnostics,
`
`paralleling DhwaniYantra’s innovative approach.
`
`• Energy Alignment: Yantras like the Sri Yantra symbolize balance, aligning with
`
`DhwaniYantra’s commitment to sustainability.
`
`
`
`H. Precedent Cases Supporting DhwaniYantra
`
`1. Starbucks v. Charbucks:
`
`
`
`17
`
`
`
`o The court ruled that dilution requires significant similarity and market overlap,
`
`which are absent here.
`
`2. Louis Vuitton v. Haute Diggity Dog:
`
`o The court emphasized that niche branding does not harm globally recognized
`
`trademarks, supporting DhwaniYantra’s distinct identity.
`
`
`
`Conclusion
`
`The DhwaniYantra trademark embodies a unique cultural and technological identity, addressing
`
`challenges in sustainability and diagnostics for niche industries. Apple’s opposition fails to account
`
`for the cultural, visual, and market distinctions that make DhwaniYantra inherently distinct.
`
`Recognizing DhwaniYantra’s trademark promotes cultural diversity, innovation, and sustainable
`
`practices, reinforcing its rightful place in the global trademark ecosystem
`
`
`
`
`
`
`
`
`
`18
`
`
`
`
`
`II.
`
`CULTURAL AND LINGUISTIC DISTINCTIVENESS OF DHWANIYANTRA
`
`Detailed Analysis of the Etymology of “Dhwani” and “Yantra”
`
`
`
`A. Dhwani (Sound)
`
`The Sanskrit term “Dhwani” (्विन) represents a multifaceted concept of sound, encompassing both
`
`its physical manifestations and its metaphysical essence. Rooted in Indian philosophical and
`
`scientific traditions, “Dhwani” transcends the auditory dimension to symbolize resonance, energy,
`
`and universal creation. The Sanskrit word dhvani (्विन) has multiple meanings, including "sound,"
`
`"murmur," "resonance," and "suggestion":
`
`• Linguistic: In Sanskrit poetic theory, dhvani refers to the articulate sound that is a
`
`manifestation of inner speech. It's used to describe how spoken sounds relate to the
`
`language they represent.
`
`• Poetic: Dhvani can also refer to "poetic manifestation". In this context, it's used to describe
`
`poetry in which the conventional meaning is subordinate to the implied meaning.
`
`• Philosophical: Dhvani originated in philosophical discussions of grammar and phonetics
`
`
`
`1. References in Ancient Texts
`
`a. Rigveda (c. 1500 BCE)
`
`
`
`19
`
`
`
`• The Rigveda, one of the oldest sacred texts, introduces the concept of “Nada Brahma” (नाद
`
`र�)—the philosophy that "the world is sound."
`
`• Rigveda 1.164.41:
`
`o “Nada, the cosmic vibration, is the essence of creation, transformation, and
`
`dissolution.”
`
`o
`
`Interpretation: The hymn highlights sound as the unifying force between the
`
`material and divine realms.
`
`• Griffith’s Commentary (1896): Explains that the Rigveda conceptualizes sound as a bridge
`
`connecting human understanding to cosmic forces.
`
`b. Chandogya Upanishad (c. 800 BCE)
`
`• The Chandogya Upanishad delves deeper into sound's metaphysical nature, introducing
`
`Om (Aum) as the primordial sound representing universal consciousness.
`
`o “Om is the imperishable syllable. It is the past, present, and future, and beyond. It
`
`is the essence of all sounds and vibrations.”
`
`o
`
`(Chandogya Upanishad 1.1.1)
`
`• Sound as the seed vibration ("Om") is considered the origin of the universe, aligning
`
`directly with DhwaniYantra’s focus on sound diagnostics.
`
`2. Sound in Indian Philosophy
`
`• Nada Yoga:
`
`
`
`20
`
`
`
`o A spiritual discipline emphasizing sound vibrations (Nada) as pathways to harmony
`
`and enlightenment. Dhwani in this context is seen as both audible and inaudible
`
`resonance.
`
`• Practical Use in Medicine:
`
`o Ancient Ayurvedic practitioners used sound to detect bodily imbalances, such as
`
`diagnosing through the resonance of body cavities, paralleling modern non-
`
`invasive diagnostic methods.
`
`
`
`B. Yantra (Device)
`
`The term “Yantra” (य्र), derived from the Sanskrit root “yam” (to restrain or control), translates to
`
`"instrument," "device," or "mechanism." It signifies tools of precision and alignment, utilized in
`
`ancient Indian science, engineering, and spirituality.
`
`1. Historical References
`
`a. Shulba Sutras (c. 800 BCE)
`
`• The Shulba Sutras describe Yantras as tools for geometric and mathematical precision,
`
`instrumental in constructing altars and temples.
`
`• Example:
`
`o Yantras were used to apply early forms of the Pythagorean theorem, showcasing
`
`ancient India’s advanced understanding of geometry.
`
`b. Atharva Veda (c. 1200 BCE)
`
`
`
`21
`
`
`
`• Mentions Yantras as instruments for rituals, emphasizing their ability to harness and align
`
`cosmic energies for practical and spiritual purposes.
`
`c. Sri Yantra (Tantric Diagram)
`
`• A sacred geometric diagram representing the universe, used for meditation and energy
`
`alignment.
`
`o The precision and symmetry of the Sri Yantra reflect the principles underlying
`
`modern diagnostic tools like DhwaniYantra.
`
`2. Yantras in Science and Technology
`
`• Ancient Engineering:
`
`o Devices such as the Persian Wheel for irrigation and astronomical instruments
`
`demonstrate the practical application of Yantras.
`
`• Ayurveda:
`
`o Tools like pulse-detecting instruments for diagnosing bodily imbalances were
`
`classified as Yantras.
`
`
`
`Integration of Ancient Knowledge with Modern Technology
`
`
`
`A. DhwaniYantra’s Innovative Approach
`
`DhwaniYantra bridges ancient philosophies of sound with cutting-edge acoustic diagnostic
`
`technologies. This integration addresses modern challenges while preserving cultural heritage.
`
`
`
`22
`
`
`
`1. Applications of DhwaniYantra
`
`• Assessing Produce Freshness:
`
`o By analyzing acoustic resonance, DhwaniYantra determines the ripeness and
`
`quality of agricultural produce.
`
`o Historical Parallel: Ancient Indian farmers used the sound of tapped grains to assess
`
`moisture content.
`
`• Predicting Shelf Life:
`
`o DhwaniYantra utilizes soundwave-based fingerprints to estimate the degradation
`
`rates of perishables.
`
`• Non-Invasive Testing:
`
`o
`
`Inspired by Vedic practices of resonance-based diagnostics, DhwaniYantra applies
`
`sound to evaluate pharmaceutical products without physical intrusion.
`
`
`
`B. Technologies Inspired by Ancient Roots
`
`1. Biomimicry in Modern Design
`
`•
`
`Japanese Shinkansen Train:
`
`o Modeled after the kingfisher’s beak, this innovation demonstrates how ancient
`
`principles can influence modern engineering.
`
`• Relevance to DhwaniYantra:
`
`
`
`23
`
`
`
`o Similarly, sound-based agricultural diagnostics draw inspiration from ancient
`
`Indian farming techniques.
`
`2. Acoustic Tools in Medicine
`
`• Ultrasound Imaging:
`
`o Modern ultrasound technology uses principles of sound resonance akin to ancient
`
`Ayurvedic diagnostic methods.
`
`
`
`Promotion of Cultural Diversity in Trademarks
`
`
`
`A. Value of Sanskrit-Derived Trademarks
`
`Sanskrit-derived trademarks like DhwaniYantra enhance the global intellectual property
`
`ecosystem by fostering inclusivity and preserving cultural heritage.
`
`1. Fostering Inclusivity
`
`• The predominantly Western-centric IP landscape often overlooks trademarks with cultural
`
`and linguistic significance.
`
`• Recognizing DhwaniYantra ensures the inclusion of diverse innovation in the global
`
`trademark system.
`
`2. Preserving Heritage
`
`• Aligns with WIPO guidelines on protecting traditional knowledge and folklore in
`
`intellectual property frameworks.
`
`24
`
`
`
`
`
`
`
`B. Precedent Cases Supporting Cultural Trademarks
`
`1. YogaGlo Inc. v. Glo LLC
`
`• Outcome: The court recognized the distinctiveness of culturally significant terms like
`
`“Yoga,” acknowledging their deep roots in Indian traditions.
`
`
`
`Detailed Historical and Linguistic Analysis
`
`
`
`A. “Dhwani” in Vedic Literature
`
`• Rigveda:
`
`o Connects the concept of sound as a cosmic vibration with DhwaniYantra’s
`
`emphasis on acoustic diagnostics.
`
`• Chandogya Upanishad:
`
`o Highlights “Om” as a universal sound, reinforcing DhwaniYantra’s integration of
`
`sound as a diagnostic tool.
`
`
`
`B. “Yantra” in Practical Applications
`
`• Shulba Sutras:
`
`o The geometric precision of Yantras is mirrored in DhwaniYantra’s diagnostic tools.
`
`
`
`25
`
`
`
`• Sri Yantra:
`
`o Represents alignment and balance, principles central
`
`to DhwaniYantra’s
`
`technological approach.
`
`
`
`Case for Trademark Uniqueness
`
`
`
`A. Cultural Significance
`
`• Distinct Identity:
`
`o DhwaniYantra’s Sanskrit origins set it apart from generic Western trademarks.
`
`• Alignment with Industry:
`
`o The focus on sound diagnostics resonates with ancient Indian traditions.
`
`
`
`B. Legal Precedents
`
`1. Starbucks v. Charbucks
`
`• Outcome: The court ruled that distinct markets reduce the likelihood of confusion, favoring
`
`culturally unique marks.
`
`2. Louis Vuitton v. Haute Diggity Dog
`
`• Outcome: Niche branding was recognized as a defense against dilution claims, validating
`
`the distinctiveness of culturally significant trademarks.
`
`
`
`26
`
`
`
`
`
`Conclusion
`
`The DhwaniYantra trademark represents a harmonious convergence of ancient wisdom and
`
`modern innovation. By integrating Vedic principles of sound and precision with contemporary
`
`diagnostics, DhwaniYantra addresses sustainability and innovation in niche industries. Its Sanskrit
`
`roots and acoustic focus distinguish it from tech-centric brands like Apple, reinforcing its unique
`
`identity in the global trademark ecosystem.
`
`
`
`
`
`
`
`27
`
`
`
`
`
`III. Visual and Conceptual Analysis
`
`Detailed Analysis: Logo Analysis and Comparison
`
`The logos of DhwaniYantra and Apple Inc. differ significantly in design, symbolism, and target
`
`audience messaging. This section provides an in-depth comparison of their visual elements,
`
`conceptual messaging, and the role of these logos in reinforcing their respective brand identities.
`
`By analyzing these elements, it becomes evident that the DhwaniYantra trademark is unique and
`
`culturally significant, ensuring no likelihood of confusion with Apple’s branding.
`
`
`
`A. Logo Comparison
`
`1. Apple’s Logo
`
`• Design: A bitten apple with a detached leaf, rendered in a clean, minimalist style.
`
`• Color Palette: Monochromatic or metallic tones dominate, symbolizing modernity and
`
`sophistication.
`
`• Symbolism: Represents simplicity, innovation, and accessibility. The bitten apple is iconic,
`
`evoking themes of knowledge and technology.
`
`• Purpose: Appeals to tech-savvy consumers by presenting a sleek, universally recognizable
`
`image.
`
`2. DhwaniYantra’s Logo
`
`
`
`28
`
`
`
`• Design: A whole apple encircled by headphones, with a soundwave icon positioned above
`
`the apple.
`
`•
`
`Iconography: The headphones signify acoustic analysis, and the soundwave emphasizes
`
`the brand’s focus on sound-based diagnostics.
`
`• Color Palette: Predominantly green tones, symbolizing nature, sustainability, and
`
`freshness.
`
`• Symbolism: Integrates nature and technology, highlighting the brand’s commitment to
`
`sustainability, diagnostics, and agricultural innovation.
`
`• Purpose: Targets niche industries such as agriculture, food science, and pharmaceuticals,
`
`reinforcing a specialized, eco-friendly image.
`
`
`
`
`
`Annotated Comparison
`
`Feature
`
`DhwaniYantra Logo
`
`Apple Logo
`
`Apple Design Whole apple encircled by headphones Bitten apple with detached leaf
`
`Iconography Includes headphones and soundwaves Minimalist design, no additional elements
`
`Color Palette Green tones (nature and diagnostics) Monochrome/metallic tones
`
`Symbolism Sustainability, sound diagnostics
`
`Simplicity, technology
`
`
`
`29
`
`
`
`Visual Aid: Include a high-resolution side-by-side comparison of the logos with annotations
`
`highlighting key distinctions in color, composition, and symbolic elements.
`
`
`
`B. Conceptual Messaging
`
`Apple’s Logo
`
`• Represents ideals of modernity, simplicity, and consumer-focused technology.
`
`• The bitten apple emphasizes accessibility and innovation, appealing to a broad audience.
`
`DhwaniYantra’s Logo
`
`• Reflects cultural heritage and the integration of ancient sound-based principles with
`
`modern diagnostics.
`
`• Highlights sustainability, precision diagnostics, and natural science innovation.
`
`Supporting Evidence:
`
`1. Expert Testimony: Graphic designers note that DhwaniYantra’s inclusion of headphones
`
`and soundwaves creates a distinctive identity absent in Apple’s minimalist design. See
`
`Appendices H and I.
`
`2. Visual Studies: Branding research supports the importance of contextual imagery (e.g.,
`
`soundwaves, nature) in reinforcing niche market relevance, which DhwaniYantra achieves
`
`effectively.
`
`
`
`2. Distinctive Branding Strategies
`
`
`
`30
`
`
`
`A. DhwaniYantra’s Logo
`
`The logo’s combination of natural and technological elements creates a multi-layered visual
`
`metaphor:
`
`• Nature-centric innovation: The green apple symbolizes freshness, sustainability, and
`
`agricultural focus.
`
`• Acoustic precision: The headphones and soundwaves highlight its emphasis on sound
`
`diagnostics.
`
`• Cultural depth: The whole apple and soundwave imagery reflect ancient principles of
`
`harmony and balance.
`
`B. Apple’s Logo
`
`The minimalist bitten apple conveys universal appeal:
`
`• Technological sophistication: Clean design aligns with t
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
