Sharp Sues Vizio Alleging LCD Patent Infringement

Sharp Corporation, a Japanese multinational corporation specializing in designing and manufacturing electronic items, has quite recently filed a Patent Infringement lawsuit against defendants Vizio Inc. (a privately held company specializing in designing and manufacturing soundbars, speakers, and televisions) and other companies in its supply chain. In the lawsuit filed at the California Central District Court, Sharp has claimed that the defendants have made unauthorized use of its patented LCD technology. The company also stated that its Intellectual Property (IP) is undoubtedly the backbone of its commercial success. Sharp has created multiple liquid crystal display (LCD) innovations so far.

All the defendants in the lawsuit filed have allegedly infringed upon Sharp’s patents in some way or the other. For instance, Sharp discovered that the defendant CHOT is manufacturing, using, selling, and importing the infringed upon LCD panels. Defendant TPV is undertaking the identical investment actions as CHOT by manufacturing, importing, and selling televisions and further infringing upon Sharp’s patents. The infringed upon televisions are then sold to Vizio, which further offers the same to consumers in retail outlets throughout the US. Sharp has claimed that it had asked Vizio to stop patent infringement; however, it was unsuccessful. The company has even alleged financial harm resulting from the said infringement.

The patents in the lawsuit filed by Sharp relate to the LCD televisions. The ‘206, ‘300, and ‘959 patents outline and claim a liquid crystal display device. The ‘704 patent describes and claims an LCD device with a cured material in the liquid crystal layer. The ‘907 patent describes and claims an LCD device with a polymer formed between two substrates along with a plurality of threshold voltages associated with a plurality of areas within the display. The ‘556 patent outlines a circuit structure along with a pattern of wiring on a base film of a printed circuit board. The ‘239, ‘275, ‘490, and ‘994 patents describe and claim an LCD device with micro-structures directionally configured corresponding to a polarizer layer and an analyzer layer. The ‘634 patent describes and claims an LCD device with a cured material formed on vertical alignment films. At last, the ‘079 patent describes and claims an LCD device with an electrode arrangement consisting of micro-electro parts. Sharp has accused all the defendants in its lawsuit on the claims of these patents through the creation and construction of their corresponding LCD screens.

Sharp is now looking forward to seeking injunctive relief along with an award for damages, including loss of reasonable royalty, profits, and other relief as determined by the court. For more visit: https://www.kashishipr.com/ 

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Kashish Indian Sub - Continent IPR Management Limited is one of the leading specialized IP law firm providing all arrays of premium Intellectual Property services like a trademark, patent, copyright, design registration and other IP related issues to multi-facet business owners. We have a proven track record of more than a decade long experience of dispensing the highest quality of IP legal services. Our skilled and dexterous attorneys, coupled with an aptitude and a broad understanding of IP laws are capable of resolving the most complex IP related issues in a hassle-free and economically feasible way. We are a continually growing firm holding a prominent position and presence in the market. No matter how intricate and complicated the matter or location is, we are known for delivering on our commitments. Throughout the process, our team stays indirect access and contact with the clients. For building a long-term association with our clients, we strive to safeguard their business interests and legal IP related matters in the most effective manner. ✅   For view source: https://www.kashishipr.com/

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How Should You Do A Trademark Search in India?

Awareness in regards to Intellectual Property (IP) such as trademarks has gradually increased among Indian individuals, startups, and companies from the past many years. Nowadays, almost every businessman wants to protect a mark, sign, or symbol that can identify his products or services from other entrants. Statistics showed that the number of applications being filed for the registration of trademarks is continuously increasing. Hence, it is crucial for all who wish to enjoy the issue-free benefits of Trademark Registration in India to do a detailed search prior to applying for the same. It will make the applicant confident about the uniqueness of his mark, and increase the probabilities of successful registration. The main purpose of this article is to provide the readers with clarity on how to do the Trademark Search in India.

Trademark Search

A trademark refers to a sign, symbol, logo, or expression that identifies products and services from a particular source. A Registered Trademark gives its owner the exclusive right to use his mark and prevent it from being used by others without his consent.

A Trademark Search is what allows you to know the probabilities your mark possesses for being successfully registered. Knowing such probabilities in advance will help you save your precious time and hard-earned money by not proceeding with the Trademark Registration that has little or no chance of becoming successful. It determines whether the projected mark is existing for the use in relation to certain products or services. As per Indian law, in a trademark search, similar wordmarks and similar names in a specific class can be widely searched. Moreover, a trademark search can be done in the Indian Trademark Registry Database or third-party service provider website.

Steps to do Trademark Search

To do the trademark search in India, you need to visit the official site of the General of Patents, Designs, and Trademarks. The search can be done in any of the following two ways:

1.     Wordmark Search: For the representation of like wordmarks. Steps to do this are as follows:

Step 1: Once the official website opens up, select the search type as ‘Wordmark’ on the top of the webpage

Step 2: In the box present next to the ‘start with’ box, enter the wordmark you want to search

Step 3: Determine the class from 1 to 45 under which your products or services fall.

Step 4: After entering the suitable class, click the ‘search option.’ A report that shows all the similar trademarks and trademark applications will be generated.

Step 5: Choose the option of ‘show detail.’ It will display all the information like application number and date, owner’s details, and trademark status, validity, and description.

Step 6: Click the ‘tick box’ button, followed by clicking the ‘report’ option to save the details of the particular trademark application.

2.     Phonetical Search: For the representation of phonetically similar words. It includes the wider scope of trademark search that provides the user with an assurance that no similar mark exists in case of sound of the mark. Almost every step to do phonetic search is similar to wordmark search except step 1, where you will need to select the search type on the top of the webpage as ‘Phonetic.’

Bottom Line

People often have a query whether a positive trademark search report will serve them with the 100% possibility of success. Well, the answer is no; it doesn’t. Although even the Trademark Attorneys in India and outside find the trademark search beneficial in several ways, it may not provide precise predictions. It is because sometimes, trademark search reports could not identify all potential grounds for rejection or refusal. Hence, it is better to always proceed to Trademark Registration Process under the supervision of an experienced Intellectual Property Law Firm. For more visit: https://www.kashishipr.com/ 

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Operative Strategy to Protect Your Intellectual Property in India

Are you among people who own businesses exporting to or operating in India or who are considering it as a future market? Note that your Intellectual Property (IP) is a valuable business asset, and in an emerging market such as India could be your main competitive advantage. Hence, you should have an IP management strategy that identifies all of your IP to protect them and extract profit from them.

India has been operating as a member of the World Trade Organization (WTO) since 1995. Therefore, it is common to find similarities between the IP Law of India and that is in force in the UK. India is also a signatory to several international treaties on Intellectual Property Rights (IPRs) like trademarks, patents, and Industrial Designs, which can be protected through registration. Enforcement procedures of these rights are taken care of by the Indian courts that can provide interim remedies like injunctions in the event of an infringement. The courts can even instruct perpetrators to accounts for monetary or other profits generated from infringement.

Registering IPRs in India

Intellectual Property Protection is jurisdiction-specific. It means the registration of IP in India is essentially required even if they are already protected in the UK. Considering backlogs at the IP registries, registration of trademarks, copyrights, patents, and others could take months or years. So the businesses should plan to register their IP prior to entering the market. Indeed, even the experienced IP Attorneys suggest that the owners should register their IP as soon as they could.

IP Enforcement in India

In India, there are three IP enforcement channels, including police, customs, and judiciary. Patents and designs can be enforced through civil litigation, whereas trademarks and copyrights can be enforced through any of the criminal or civil litigation. Some remarkable risks with IP enforcement in India are as follows:

• Systematic and capacity associated issues, compounded by lack of awareness regarding IP protection amongst the public
• Judicial delays, where Indian courts can take months or even years to come to a final verdict. However, they can grant interim injunctions that offer immediate relief to the rights-holders pending the consequences of cases against infringers
• Small players account for several IP infringements. It means that breakdowns, even if small, require sustained and costly efforts to make any vital impact.

A noticeable advantage for the foreign businesses running in India is that the legal system is based on law common to several nations, so the fundamental processes are quite similar.

Checklist for an Operative IP Strategy in India

India is one of the continuously emerging markets that can help new players and already established businesses to make considerable profits, which can then add to their growth and success. Some of the steps you should consider to build an IP strategy that can ensure your growth, along with keeping the IP issues away, are:

Be Meticulous as Prevention is Better than Cure

The foremost thing you should do is to be aware of as much information as possible. Find out local risk reviews, seek advice from IP experts, and go through websites rendering information on IP related subjects. Conduct proper risk assessments and due diligence on individuals, organizations, or any third-party that you will be dealing with either for licensing your IP or anything else. It will provide you with an idea on how to protect your genuine products from being infringed, i.e., copied or sold under a different name or by an unauthorized user.

Secure Your IP Rights

Under the assistance of an experienced IP Lawyer, register your IPRs in India. Since registration could take time, you should plan for the same well ahead of entering the market. Stay careful during the entire process from application to grant of the registration certificate.

Don’t Miss the Dispute Resolution Clauses

Besides including appropriate dispute resolution clauses in legal contracts, you should also consider mediation before defensive action. Reduce risks of infringement by ensuring that your contract is watertight in relation to your IP Rights. Nevertheless, if you still face piracy or violation, then it is better to appoint a skilled attorney who can understand your concern and initiate appropriate legal proceedings.

Build Good Relationships with Helpful Organizations

There are many organizations and individuals that can help you with subjects related to your IP. For instance, suggestions can be acquired from organizations like the UK India Business Council, the UK IPO, and Chambers of Commerce. You may also consult with agents, suppliers, and distributors who conduct similar businesses in India on how to safeguard your IP rights in this nation.

Believe in Constant Innovation

In the emerging economies where a large number of players account for several infringements, constant innovation often acts as a key to protect your competitive advantage. While IP protection boosts innovation, constant innovation provides an added protection against infringers.  

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How to Monetize Your Trademarks?

No matter whether you have developed a fitness club, industry’s interesting technology, or a global agency, you as a businessman must protect every aspect of your Intellectual Property (IP). Undoubtedly, there are several ways in which you can do so, but the most vital one is registering your business’s or products’ actual name and the logo as trademarks.

Trademark

Trademarks can refer to any number of things, including words, logos, phrases, or slogans that help consumers make a clear distinction amid different companies with related products or services in the market. With this ability to provide a unique identity, a trademark cannot just safeguard the business name and logo from theft and piracy but also benefit the related company with remarkable goodwill and brand reputation.

Hence, when launching your business, it is vital to trademark the name and logo to ensure protection against issues like losses due to Trademark Infringement or confusion that makes consumers buy from your competitors rather than you.

Besides providing the opportunity to preserve your hard work from getting misused by others, Trademark Registration can aid you to make money. A few famous trademarks worth billions. For instance, Google’s trademark values around $44.3 billion, Microsoft’s weighs in at $42.8 billion, and Walmart’s comes in at $36.2 billion.

As billion-dollar values don’t befall overnight, it will be in your best interest to start building an IP portfolio now so that you can upsurge the monetary value of your business by capitalizing on your trademarks.

Steps You Should Take to Ensure Your Trademark has Value

Get Creative

Before filing Application for Trademark Registration in India or any country you want, ensure that the slogan, name, or logo is memorable and distinctive. Besides, it should be your creation, i.e., not copied from anywhere, and must not be confused with any other company or brand.

Almost all successful brands use marks made up of words and images that not just portray their business but also describe their products and services in new and unusual manners.

Focus on Slogan

A remarkable way to enhance your trademark portfolio and make more value is to have an amazingly marketable slogan based on the current trend and industry. Consider the case of boxing ring announcer Michael Buffer, who has made not less than $400 million with his trademarked phrase ‘Let’s Get Ready to Rumble.’ This appears as a great example when it comes to monetizing a trademark.

Make it Legal

To enjoy the comprehensive benefits, you need to complete the Trademark Registration Process of your mark successfully. In this process, you, first of all, should apply for it with the associated department, like the trademark registry in India and United States Patent and Trademark Office (USPTO) in the United States.

Once the relevant department or Office finds that the Trademark Application has met all the filing requirements, it’d assign a serial number to the application and then send the same to an examining attorney. If the attorney decides that there are problems in allowing the registration of your mark, he/she will issue a notice, which explains their arguments against registering your trademark and outlines the changes needed in the application. You, as an applicant, should respond to the notice as soon as possible.

As the complete Trademark Registration Process in India or any nation seems time-taking and tricky, working with an experienced Trademark Attorney can be the best for you. Being skilled and aware of legal rights, matters, etc., he/she can help you in streamlining the process, along with overcoming the challenges that may prevent successful application or registration of your mark.

1.     Analyze Your Options

Once the creative name, slogan, or logo with which you came up is registered, you are ready to monetize your trademark. Here’re some options you should analyze:

• License Your Trademark: Trademark Licensing is a fairly common practice to capitalize on any registered mark. Licensing your trademark to another company or person means that you are allowing the same to use it for particular products and services in exchange for the expected fees. Think of celebrities or sports teams who allow others to use their names, images, etc., on things like beauty products, soft drinks, restaurants, and more.
• Co-branding with Another Company: It allows both parties to take advantage of each other’s goodwill and brand reputation. It is a good way to attract more consumers and enhance your sales. Apple and Nike working together on goods for athletes, Bonne Belle and Dr. Pepper collaborating on a flavored lip gloss, are the two well-known examples of this type of joint venture.
• Making Money through the Securitization of Your Trademark: It is the concept that enables the companies to use the value of their trademarks to generate financing.

Monetizing your trademarks can bestow you with substantial new revenue streams. However, to grab the full advantage of the opportunity, you should not miss out on any single way to secure your valuable assets under the robust shield of Trademark Protection.

An experienced Intellectual Property Law Firm is one of the best sources to get any kind of help you need in this area. It can help you in successful registration as well as licensing of your trademark.

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Japan Seeks to Reinforce Intellectual Property for Fruits and Veggies

With the advent of the year 2020, there comes news that Japan is planning to strengthen Intellectual Property (IP) control over its premium products, like fruits and vegetables being sold overseas to prevent its high-end crops from being grown and then sold as the products of other countries.

As per Japan’s Ministry of Agriculture, Forestry, and Fisheries (MAFF), the crops that have been influenced by the failure to appropriate implementation of IP control abroad include the high-end Shine Muscat grapes. It is a crop being produced by other nations such as Korea and China.

FoodNavigator-Asia, one of the leading online news sources for the food industry for near about 20 years, confirmed with MAFF that the proposed initiative for ministry to handle this situation is to appoint a private company to work on the Intellectual Property Protection of Japan’s newly cultivated fruits and vegetables.

MAFF officer, who opted to remain anonymous, emphasized that although it hasn’t yet been confirmed, the department is seeking at budgeting for such a company to help Japan secure new fruit and vegetable varieties. He added that discussion on this matter is on-going internally, but no official details are in place till now. This protection would likely be applied only to new produce varieties.

That said, if approved, such a move would bring good outcomes for the country’s agricultural industry, which is striving to boost up its high-end fruit and vegetable exports from the current estimated JPY1tn (US$9.2mn), as per Japan times.

Japan’s Ministry of Agriculture, Forestry, and Fisheries’s Intellectual Property Strategy 2020 report also lined up strengthening the IP protection of new plant varieties as a vital area of focus to uplift competitiveness of the nation’s seed and seedling industry.

MAFF, in the strategy report, said that it is crucial to establish an environment where breeders can easily obtain and use legal rights to promote the new and excellent plant varieties with international competitiveness both in Japan and abroad. Measures to strengthen IP protection was highlighted as a significant section of the report, with the ministry aiming to do so by both:

·         Providing support against any IP infringement

·         Developing technology and tools that can aid the IP-holders to prove their rights to ownership

MAFF added that it is essential to ensure that the right holders can confirm the IP violation overseas and take border measures promptly and appropriately. Besides these, several other efforts are being planned by Japan and MAFF. One out of them includes methods to identify the geographical area where a product is being produced and ways to conserve varieties for which new applications have been filed.

As part of the doings undertaken by MAFF Intellectual Property Consortium, which is known as Japan’s IP protection watchdog for its products’ overseas Trademark Applications, activities related to Geographical Indication ranked very high on the list, according to the consortium’s latest report.

Emphasizing GI, MAFF said that in Japan, many brand products have already obtained a remarkable reputation because of their unique production approaches and natural characteristics like regional climate and soil conditions. The GI Act helps the government to protect the name of such products.

He ended by saying that Japan works with a dedicated GI symbol to indicate protected products. Moreover, to achieve its aim, the nation has recently established a webpage on the online tax donation website Satofull. It is a site that allows people to donate their produces to preferred municipalities in situations of disaster. In return, they would be benefitted by having a large portion of total donation deducted from their taxes. For more visit: https://www.kashishipr.com/ 

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