India Launches Mobile App to Help Startups, SMEs Protect their IPRs

The Modi government, on 14th October 2019, has launched a dedicated mobile app and website to assist Indian startups and SMEs with the Intellectual Property Rights (IPRs). DPIIT, the Department for the Promotion of Industry and Internal Trade along with Qualcomm and National Law University, Delhi, has developed these dedicated tools.

Guruprasad Mohapatra, secretary DPIIT, said that startups and small companies are more tuned into investment-making and risk-taking, but lack legal knowledge. The recently launched website and app, which aim at aiding startups and SMEs to learn to safeguard and maximize their innovations, would be useful for enterprises and startups holding great promise for the nation and its economy. In the present age, where we are at the inception of the fourth industrial revolution, the interface between technology and law is continuously growing. Therefore, it is essential to have a specialized site and app that could help startups and SMEs with the Intellectual Property (IP) processes, he added.

Like the Start-up India scheme, launched by Prime Minister Narendra Modi three years ago, the site and app launched now would also encourage the culture of innovation in India. At present, there are over 20,000 recognized start-ups running in all 28 states. Although IPRs obtained by Indian startups are considered imperative for the success of the fourth industrial revolution, the lack of knowledge regarding legal provisions turns it difficult for newbies to capitalize on their innovation.

IPR Protection for Not Just Start-ups

The e-learning platforms – L2Pro India IP e-learning Website and the L2Pro India Mobile App will help not only startups but also innovators, entrepreneurs, and small and medium enterprises (SMEs) in comprehending IPRs for their protection and ownership. Besides, the individuals and organizations can use this mobile app and IPR learning portal to integrate IP into their business models and reap benefits of their research and development (R&D) efforts.

The L2Pro has already been implemented in several foreign countries, including Germany, UK, Italy, and France. In India, the learning app and portal have been customized to make sure that the innovations of startups are protected, managed, and commercialized.

Different Modules for Different Levels

The L2Pro India IP e-learning platform holds eleven (11) modules for three different levels, ranging from basic to intermediate and advanced. Every single module out of these 11 includes e-text, short animated videos associated with the concept, links to additional sources on the subject. It also covers quizzes for assessment and grading the users’ knowledge and understanding of the subject. Learners can access the L2Pro IP e-learning platforms on their computers (desktop, laptop, etc.)  and mobiles (Android and iOS), and they will be given e-certificates by CIPAM-DPIIT and NLU, Delhi and Qualcomm on successful completion of the e-learning modules. For view-source: https://www.kashishipr.com/blog/india-launches-mobile-app-to-help-startups-smes-protect-their-iprs/

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Facebook’s Calibra Sued for Trademark Infringement over Identical Logo

Facebook’s cryptocurrency project named Libra has hit another roadblock as Current, a mobile banking app, has sued its Calibra subsidiary for Trademark Infringement over the similarity of logos.

According to the complaint submitted on 10th October 2019 in the US District Court for the Southern District of New York, Current alleges that Calibra’s logo isn’t just confusingly similar but also virtually identical to its mark.

Current while claiming to have registered its logo with the U.S Patent and Trademark Office (USPTO), said that it had sent a letter to the Facebook subsidiary on 23rd July 2019, but received no response. As per the lawsuit, Current received the response from Facebook stating that it is looking into the matter, on 12th August 2019, after sending another letter on 2nd August 2019.

Current continued that communications over telephone calls and emails relating to discussions regarding a mutually acceptable solution of the matter had not been fruitful, and it has received no evidence or response suggesting Calibra will consider its demand to cease using the infringed mark. That’s why the firm is looking for preliminary and permanent injunctive and monetary reliefs. Being confusingly similar and virtually identical to Current’s mark, Calibra’s logo is causing irreparable harm to its reputation, market, and goodwill. Besides, as the advertising, marketing, and promotion in regards to both parties are made through the same marketing channels, including websites and social media platforms, the infringed mark is likely to create confusion and deception, Current added.

Current claimed that the San Francisco branding firm, which had designed both logos, failed to inform Calibra about providing them with a logo whose design is similar to the logo that it had previously provided to Current. The company further notified that Facebook, which adopted the mark in June 2018 with ideas to launch Calibra digital wallet, has obtained substantial press coverage since then.

Facebook’s Calibra, which drives the giant’s plans to launch a cryptocurrency named Libra, has been facing many headwinds. Last week, PayPal proclaimed its decision to abandon further participation in the Libra Association, a non-profit foundation led by Facebook in Geneva. Soon after, Visa, Mastercard, Stripe, and eBay followed the particular suit, as stated by several media reports.

David Marcus – head of Calibra took the exits in his walk, thanking Mastercard and Visa on Twitter. He then, in a separate tweet, has revealed that the current setbacks may not be a precise read of Libra’s fate.

Marcus explained that obviously, it isn’t great news in the short term, but on the way, it’s releasing. Besides, for more expected to come very soon, stay tuned. Change of the present magnitude is hard when one knows that he/she is on to something where so much pressure builds up, David added.

Facebook revealed some details about Calibra saying that the goal of this Facebook subsidiary, which is formed in June this year, is to provide financial services, by using the Libra Blockchain.  The wallet will enable users to send Libra to anyone they want, just like they might send text messages with their smartphones. The first product that Calibra intends to come up with is a digital wallet for Libra, which would soon be available in WhatsApp, Messenger, and as a standalone app.

The social media giant has faced stern distrust and resistance from regulators and many others, thus prompting David Marcus to stress that Facebook will not proffer the Libra digital currency until and unless it has comprehensively addressed regulatory concerns and obtained appropriate approvals. For view-source: https://www.kashishipr.com/blog/facebooks-calibra-sued-for-trademark-infringement-over-identical-logo/

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How to Copyright Your Website’s Content?

Your website content, especially when it impacts your revenue is a valuable thing that you must not want to lose in the hands of others. Hence, keeping it out of the reach of people who might desire to copy and redistribute it without your consent is crucial. Copyright Registration is one of the best sources to evade missing out on your income by preventing others from infringing on your unique content, i.e., Intellectual Property (IP). Registered copyright for your website’s content, including blog posts, images, and more also helps in maintaining your business’s integrity and thus, attracting profits.

Why Copyrighting Your Website’s Content is Important?

A copyright is an exclusive type of Intellectual Property Right (IPR) that ensures who can access and use your creative works, like books, movies, content, etc. Registered copyright provides rights of ownership that make it easier for you to take legal actions against someone using the site’s content without seeking your permission. In other words, it assists you in prohibiting the theft and reposting of your content that may negatively impact your business by decreasing its ranking on the search engine results pages (SERP) or redirecting the potential buyers to thief’s websites. Hence, the safest course of action to avoid misuse of your content is to make sure that it is legally protected and the best way to do so is to register a copyright for it.

How to Register a Copyright for Your Website’s Content?

Technically, as per the U.S. Copyright Law, your site’s content gets copyrighted as soon as you publish it. Undoubtedly, this fact clarifies that registering a copyright for your content isn’t necessary, but if you do so, then it will be more convenient and time-saving to prove your ownership in the case of Copyright Infringement. That’s why even the IP Attorneys recommend following the below steps:

1. Add a Copyright Symbol to the Website

Although adding a copyright symbol isn’t the part of the registration process, it can ensure quick processing of your application. The copyright symbol on your website will let the people understand that it is your IP, and they can’t use its content without seeking your permission. Hence, the addition of copyright symbol appears effective also in reducing the chances of theft or misuse of your content by providing a warning to unauthorized users.

2. Collect Materials You Want to Copyright

Like others, you also possibly want to safeguard your site as a whole. However, as the U.S. Copyright Office considers the blog posts, images, and other media to be separate entities, you may need to register them individually to obtain comprehensive protection. Fortunately, the Office provides the option to register collections of content, which means you won’t have to file an isolated Copyright Application for each post and image. Nevertheless, it is imperative to go through your site and categorize the content you want to get registered under separate lists.

3. Submit Copyright Registration Application

Once you have compiled the lists of content to be registered, it’s the time to apply for copyright registration, but before filling out any form, there’s a need to generate a hard copy of the relevant content. It will help you in getting your application approved as soon as possible. When it comes to submitting the copyright registration application, you can do this either via mail or online. To register through mail, you have to find the precise form that suits your content, fill it, and then mail it with a filing fee. In the case of registering online, you need to access the online application by creating an account with the Copyright Office followed by finding and filling a suitable form with all the required details. Once you have submitted your copyright application, whether online or via mail, it is advisable to keep an eye on its status until it gets processed.

4. Make Schedule to Copyright New Material Regularly

Once the application for Copyright Protection of your content gets approved, you will never need to renew the registration. Nonetheless, the same registered copyright will not secure any new content added to your site. Submitting new applications every time you add new content to your website will be beneficial in keeping your protection up-to-date and preventing paying the full filing fee for each additional content. It will also help in ensuring that none of your posts, images, or other content passes through the cracks. Therefore, you should always consider scheduling dates and days for registration updates to your calendar or setting reminders.

Although copyrighting your website’s content appears a bit lengthy process and requires some efforts on your part, it ultimately provides remarkable benefits to your business. So never hesitate or ignore to invest some of your time to register your online content as it is the best way to ensure that both your site and income are protected. For more visit: https://www.kashishipr.com/ 

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New Patent Hints: Future iPhones May Get Glowing Apple Logo for Notifications

A new Patent Application filed by Apple Inc. with the US Patent and Trademark Office (USPTO) suggests that the company could use the logo on the backside of iPhones as a notification light in the future models.

For now, Apple iPhones often light up the entire screen or vibrate or ring the alert sound whenever the user gets a notification from any app. Unlike several Android smartphones, they don’t have a feature like blinking LED-illuminated light to provide a visual indication of any notification. However, it may change soon as the new patent, which was first spotted by Apple Insider, talks about an adjustable decoration that will notify iPhone users in case of an incoming call, a calendar reminder, etc. The iPhone creators may finally put the logo at the back of the device to good use by changing it from a simple mirror finish mark to a glowing sign that will indicate the reception of a notification.

Although till now there is no confirmation on this piece of information, what makes it considerable is the new patent published by the USPTO. As per this patent, Apple would not just turn the logo glowing but also provide users with options to customize it by allowing them to choose from various colors.

The patent titled “Electronic Devices with Adjustable Decoration” puts light on the way the company may add a ‘decorative element’ on the device’s case to glow the logo. The decoration can have multiple layers.

The patent adds that Layers 40′ may comprise many fixed layers, including fixed patterned metal layers, fixed layers of fabric, fixed patterned thin-film interference filters, frosted glass, textured films, etc. Besides, Layer 40′ may include one or more adjustable layers, which can be used in adjusting optical characteristics for decoration 40. There could be an adjustable mirror layer, an adjustable tint layer, and an adjustable haze layer as well.

Though Apple was available with the glowing logo in the past as well; for example, its MacBook has had such a logo until 2015, yet the fact is that it didn’t alert users about notifications. Nevertheless, the latest patent suggests that the new functionality will soon be available on Apple’s iPhone, iPad, and iMac, but as it emphasizes adjusting the decoration for incoming calls, text messages, or other communications, there are possibilities that the feature could come only in iPhones first.

Moreover, it is possible that the feature may not get launched at all as companies often file patent applications revolving around new features, and whether they finally end up launching the aspects or not is another question. For view source: https://www.kashishipr.com/blog/new-patent-hints-future-iphones-may-get-glowing-apple-logo-for-notifications/

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Delhi HC Passes Directions on Documents for Trademark Infringement Cases

The Delhi High Court (HC) recently has passed a slew of directions associated with the documents needed to be mandatorily filed along with a complaint in Trademark Infringement concerns. The specific order was passed by a Single Judge Bench of Justice Pratibha M Singh following a plea challenging an order of the Trial Court that had taken on record the Legal Proceedings Certificate revolving around the trademark ‘VENUS’ in a trademark infringement lawsuit.

What’s the Matter?

M/S Venus Home Appliances Pvt Ltd, the plaintiff in a trademark infringement lawsuit had filed the Legal Proceeding Certificate at the stage of final arguments and after the evidence was concluded. However, at the initial stage, only the renewal certificate was filed and duly exhibited. Amrish Agarwal, the defendant in the same case, challenged the Court’s order saying that a document could not be taken on record at such a belated stage.

The Court said that in a trademark infringement affair, it needs to be able to view the mark. Therefore, along with the Journal extract, the plaintiff should file either the Legal Proceeding Certificate or the registration certificate to enable the Court to determine whether or not the trademark itself is registered.

It continued by saying that although Trademark Registration is a matter of public record and people can access it by visiting the Trademark Registry’s website, still to make the Court consider the registration, documentary evidence in the form of either the journal extracts or the Legal Proceeding Certificate, is essential to be put on record.

The Court then noted that in the present case no other document except the renewal certificate was filed at the initial stage and the Legal Proceeding Certificate was uncovered at the final stage. It added that the plaintiff didn’t obtain the certified copies of documents being the public record to rely on the same in lawsuit proceedings. The Court, therefore, concluded that the plaintiff ought to file the trademark registration certificate at the initial stage.

Nonetheless, in the interest of ‘substantive justice,’ the Court concluded that the Legal Proceeding Certificate is allowed to be taken on record, subjecting the plaintiff to make a payment of Rs.50,000 to the defendant. The Court then proceeded to grab the opportunity to pass directions regarding the documents that ought to be mandatorily filed along with the complaint in trademark infringement cases.

The directions passed by the Court are as follows:

1.     Legal Proceedings certificate (LPC) showing the trademark, date of application, date of claim, conditions, disclaimers if any, assignments, and licenses granted should be provided along with the trademark infringement plaint.

2.     If LPC isn’t available at the time of filing the lawsuit and urgent orders of the injunction are being sought, then there is a need to provide a copy of the trademark registration certificate, along with a copy of the trademark journal and the latest status report from the Trade Mark Registry’s website. An averment in the pleadings that LPC is applied for should accompany this. Besides making an averment showing that there are no disclaimers imposed on the mark and the mark stands renewed, any licenses and assignments ought to be pleaded.

3.     Usually, at the time of admission/denial, parties ought not to be permitted to deny the factum of registration and other facts accompanying the registration as the same is easily verifiable from public records online.

4.     If the LPC is not available at the time of filing of the suit, the party ought to file the LPC before the commencement of the trial if any aspect of the trademark registration is being disputed by the opposite side.

For compliance of the recently passed order, the Court has directed the Registrar General of the HC to communicate the directions within the order to all the District Judges, especially the judges of commercial courts. Other authorities who should be aware of the same directions include the Controller General of Patents, Designs, and Trademarks, and the Joint Secretary, DPIIT to ensure that LPCs should be issued without delay and within 30 days from the date of application. View Source: https://barandbench.com/delhi-hc-passes-directions-on-documents-to-be-mandatorily-filed-with-plaint-in-trademark-infringement-matters/  For view source: https://www.kashishipr.com/blog/delhi-hc-passes-directions-on-documents-for-trademark-infringement-cases/

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Kerala: TDB Seeks Patent Cover on Iconic Temple Prasadams

The Travancore Devaswom Board (TDB) recently has decided to secure a patent for Ambalapuzha Palpayasam, Kottarakara Unniyappam, and Sabarimala Aravana.

TDB president A Padmakumar said that the decision comes following the report showing illegal production and sale of counterfeit prasadams under the name of well-known Ambalapuzha Palpayasam. He explained that fake Ambalapuzha Palpayasam is being illegally produced and sold in several bakeries in the state, and obtaining the patent would prohibit unauthorized people from continuing to sell the products under the same or similar name.

He continued by saying that it is the first time when the temple prasadams will be getting Patent Protection to secure their uniqueness. The TDB has made this decision to obtain the patent rights under the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act), which is a sui generis Act of the Parliament of India for registration and better protection of geographical indications associated with products in India. As per the Geographical Indications Act, no one other than the authorized user can use the name of a registered product.

The recent move by TDB is to check and stop the sale of counterfeit versions of the iconic temple prasadams by hawkers as it is found that many catering agencies are not just preparing similar palpayasam but also naming it as Ambalapuzha Palpayasam. The board members have already started taking legal steps against the cheaters who are cheating people by using the name of their popular product. The law department has been asked to aid them with legal opinions to tackle the case, said Mr. A Padmakumar.

The president also told that earlier this month, TDB had begun with some legal measures against a bakery for allegedly making and selling milk porridge in sealed containers under the famous name – Ambalapuzha Palpayasam. Other than some specific bakeries, several catering houses and marriage caterers are also marketing fake palpayasam under the guise of Ambalapuzha Palpayasam for making profits, and the Travancore Devaswom Board is planning to take legal action against them. He cleared that the real prasadam is prepared at the temple and distributed to the devotees after offering it to the deity, but unfortunately, caterers and bakers at many other places are making the same or similar products, which then are sold with a claim to be real prasadams. At last, he ended the conversation by saying that it is for the first time in history when someone is taking steps to obtain a patent for the temple prasadams/ offerings. For view source: https://www.kashishipr.com/blog/kerala-tdb-seeks-patent-cover-on-iconic-temple-prasadams/

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How to Choose a Mark that Discourages Trademark Infringement?

Is your newly launched product doing well? Do the potential buyers are showing interest in it? Congratulations, as creating a product that attracts the consumers towards your brand while leaving the competitors behind is a big deal. Undoubtedly, products of this kind can serve you with remarkable profits in the form of more customers, better sales, etc., but sometimes, they may become a matter of concern for you. How? Your competitors or others may commence making profits on your name by creating confusion that misleads consumers to purchase their products instead of yours. They can do this by using a name, symbol, or product similar to yours without your consent. Therefore, you should always be cautious about securing your unique product or service under the robust Intellectual Property Protection.

When it comes to the protection of Intellectual Property (IP) like unique products or services, trademark rights appear as one of the most vital sources that can keep the infringers at bay. In general, there are five sorts of trademarks that the owner can use to safeguard his/ her assets. Let’s have a look at all these marks and choose the most appropriate one that provides robust Trademark Protection to your asset.

Five Strongest Trademarks to Keep Infringers at Bay

1.     Fanciful Marks

Fanciful marks are made-up words and have no meaning other than appearing as a trademark for the owner’s particular goods or services. These marks never tell anything about the products but are memorable as they enable the consumers to identify and remember your product/ mark, no matter how many competitors you have. Fanciful marks ensure the most stimulating Trademark Protection and can be enforced against the use of the same or a similar mark on others’ assets and services. Some examples of fanciful marks are as follows:

·         VERIZON telecommunication services

·         GOOGLE computer search engine

·         ROLEX watches

2.     Arbitrary Marks

These are those marks that consist of a word, symbol, image, etc., used for entirely different and unrelated products or services. Like fanciful marks, arbitrary marks also have nothing to do with the products or services, but stand out as more memorable when it comes to the same type of assets. That is why people prefer to Register a Trademark of this kind. Arbitrary marks assuredly give exceptional protection but in general, don’t possess as good scope of enforceability as fanciful marks. For instance, the word APPLE might not be enforceable against one using the term APPLE CAFÉ. Nevertheless, if he substitutes the Apple Logo for the word APPLE, then the logo would be enforceable against him. A few other examples of such kind include:

·         BANANA REPUBLIC clothes

·         GEICO insurance services

·         HARD ROCK restaurants

3.     Suggestive Marks

Suggestive marks are something that gives a hint about the product and services. These marks tell what a particular product is and what it does, but without going deep to describe it. As suggestive marks are just one step away from descriptive trademarks, they are enforceable only in regards to the same or similar mark on the same or similar product. According to the Trademark Law, these marks exist as words or a combination of words or equivalent graphic logos. Examples of suggestive marks are:

·         FRESH ‘N CLEAN pet shampoo

·         CITIBANK financial services

·         7-11 convenience stores

4.     Descriptive Marks

A mark that describes the quality or function or aspects of the specific product or service, and explains; what it is or what it does is called a descriptive mark. As this mark is descriptive and has no proprietary rights, it is generally not protectable and not enforceable. If your asset obtains the trademark protection under descriptive marks, anyone in the industry can use the mark wholly or partially, either as the name of his product or a term in the text. Trademarks registered as descriptive include:

·         PARK ‘N FLY airport parking service

·         COMPUTERLAND computer stores

·         RAISIN BRAN cereal

5.     Generic Marks

A mark or name that due to its significance or popularity has become the generic name for a general class of product or service, often against the intentions of the trademark’s holder is known as a generic trademark or genericized trademark. In other words, when a mark turns so common that it just signifies the type of product, it is deemed as generic and can no longer be secured as a Registered Trademark. Generic marks aren’t trademarks; they are nouns modified by registered trademarks, for example:

·         APPLE computers

·         GEICO insurance services

·         STARBUCKS coffee

Strong marks give you powerful ownership rights, trademark protection, and are easier to enforce. The stronger is the mark, the more are the possibilities that it will be enforceable against others and thus, prevents or stops issues like Trademark Infringement. Such marks are not just less vulnerable to problems during the Trademark Registration Process and filing a Trademark Application but also enforceable against a user of the same or similar mark for the same or similar or relevant products and services. So, whenever you come up with a new product, don’t miss out to secure it with a strong trademark as you have invested a lot of your valuable money, time, and resources on its designing, development, and more. For view source: https://www.kashishipr.com/blog/how-to-choose-a-mark-that-discourages-trademark-infringement/

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