Local IT Company Sues Microsoft Alleging Trademark Infringement

Azure Knowledge Corporation, an Ahmedabad-based Information Technology (IT) company, has quite recently filed a lawsuit in the city civil court against the tech giant Microsoft Corporation and its Indian arm, Microsoft India, alleging Trademark Infringement. DV Shah, the judge for the lawsuit filed, had issued notices to the defendants on 10th February 2020 itself, and will now take up the matter on 18th April 2020. Furthermore, Azure has also moved a petition in the Intellectual Property Appellate Board (IPAB) corresponding to seeking cancellation of the Trademark Registration of the term “Windows Azure” that is used by Microsoft for its offerings.

In its lawsuit filed, Azure has stated that since 1996, it has been using the term “Azure” as a trade name and trademark, that too, for a variety of businesses. Moreover, the company has also registered the mark Azure under various trademark classes. It had got its label mark and wordmark registered in 1998 with the user date from 1996. Software major, Microsoft, on the other hand, had launched and introduced the mark “Azure” for the very first time in India only in 2014, and since then, the company has been selling its Cloud Services Platform under the same name.

Azure is now looking forward to seeking the court’s decision corresponding to not allowing Microsoft to force a locally grown company to surrender its statutory and legal rights. Azure stated that it has indeed spent a substantial amount of time in promoting and marketing the Azure mark along with its logo over the years. The trademark infringement lawsuit filed by Azure also seeks the court’s decision corresponding to restraining Microsoft from using the mark Azure, Azure Cosmos DB, Microsoft Azure, Azure Brain Wave, Azure Sphere, Azure Cloud For All, and other related names. Additionally, the local IT Company wants the court to stop Microsoft from using the domain name “azure.microsoft.com.” It also wants an account of the profits earned by Microsoft from the illegal use of the trademark “Azure.” For more visit: https://www.kashishipr.com/ 

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CII Industrial Intellectual Property Awards 2019: 11 Companies Emerged Winners

On December 4, CII Industrial Intellectual Property Awards 2019 were conferred on 11 companies for the best portfolios in Trademarks, Designs, and Patents. The awards were given at the Fifth International Intellectual Property Right (IPR) Conference, organized jointly by CII (Confederation of Indian Industry), Intellectual Property Office India, and the Department for Promotion of Industry and Internal Trade (DPDT). The theme of this conference was innovation and IP-led technology for a $5 Trillion Economy.

Recognized and awarded enterprises that have embraced Intellectual Property (IP) generation and protection to enhance their business and economic growth, the purpose of these awards is to:

·         Bring achievements of companies in the public domain,

·         Encourage firms to reinforce the culture of IP and its commercialization,

·         Set up links with research institutions and academic in India and abroad,

·         Inform the government about IP-driven companies and engage them in policy-making exercises.

Each award included a trophy and a certificate. Moreover, the selection of awardees was made by an eminent jury chaired by the former Director-General of CSIR (Council of Scientific and Industrial Research), Dr.Raghunath Anant Mashelkar.

Dr.Mashelkar, while speaking at the award ceremony, stressed upon the requirement to bring as more as possible companies within the framework of this exercise so that there would be a remarkable awareness of the profits of creating and using IP. He said that just creating IP is not sufficient, and thus, there is a need to explore its commercialization as well. The creation of IP in the form of new products or services without any tangible benefits is not of much use, he added.

Winners of 2019’s CII Industrial IP Awards include companies like Tata Consultancy Services (TCS), Godrej & Boyce, and others that are at the forefront of IP creation and commercialization.

Under the Start-ups category, there were five awards – three in life science and two in engineering. SigTuple, this time winner of the best patents portfolio award under the start-ups engineering group, had won this award in 2018 also. However, City Explorers – the achiever of the best trademark award under this category had made its debut in 2019. Similarly, Shashvi Remedies that fall in the life science category had won the award for the first time. Prantae Solutions had won both trademark and design awards under the Start-ups life science category. It was a winner in 2018 also.

In the small enterprise category, the jury awarded only one company in life science – Chemical Resources – for its patents portfolio. The company had won the award for the first time. Among small enterprises, no one was selected for trademark and design award, neither in life science and nor in engineering.

Among the medium enterprises, one award each in engineering and life science was awarded. RDL Technologies, which received the award for its patents portfolio in engineering, was the first-time winner, whereas Vyome Therapeutics in life science had got this award in last year’s award ceremony also.

The large companies segment saw six awards going to TCS, Godrej & Boyce, UPL, and more. TCS won the best patent award for the fourth time. Godrej & Boyce won the awards for its trademark and design. UPL was awarded for its two portfolios – trademarks and patents – in the life science category. For more visit: https://www.kashishipr.com/ 

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Facebook Kills Misleading Election Ads, Cites Intellectual Property Reasons

Over the weekend, Facebook (FB) banned a British election ad from the Conservative Party after the BBC (British Broadcasting Corporation) complained that the footage distorted its journalism.

However, it was just for business reasons that had nothing to do with freedom of speech – Intellectual property Rights.

The BBC complained that the fifteen seconds ad in question includes a video from the Conservative Party that used news clips from it and could damage the perceptions of its impartiality.

CNN business, a financial information and news website, reported that the ad in question showed clips of BBC journalists saying things such as ‘pointless delay to Brexit’ beside a montage of protest footage and discussions in parliament, set to dramatic music. But, the clips were from journalists quoting statements of politicians, including Prime Minister Boris Johnson, who is going to campaign in the December 12 election with the slogan ‘get Brexit done.’

According to Facebook’s ad library, the ad started on 28th November 2019 had been viewed around 430,000 times for a cost of about $12,930 till December 1 when it was replaced with the below message provided in the library:

“This ad was taken down as it goes against Facebook’s Intellectual Property (IP) policies.”

The BBC said that they first asked the Conservative Party to take the ad down, but the party declined. Hence, they approached FB, which banned it.

Facebook said that it was a valid IP claim from the rights holder, i.e., the BBC, as the Conservative Party had used its footage without permission.

Facebook’s spokesperson added that whenever they receive valid IP claims against any content on their platform, whether in advertisements or elsewhere, they take the required action according to their policies.

As per Facebook’s advertising policies, ads must never contain content that violates or infringes on the rights of others, including copyright, trademark, and other personal or proprietary rights.

Well, the social media giant’s policy on the election or political ads has received severe criticism worldwide. The United Kingdom (UK) imposes rules on how broadcasters can report on political biases, especially around elections. As newspapers hold the freedom to impart politics, broadcasters should be impartial. Since the BBC is publicly funded, it often faces intense scrutiny.

The analysis prompted Twitter to announce that it would limit political ads in the upcoming month.

Facebook, rather than addressing the BBC’s claim that its materials had been used misleadingly, stuck to the legal arguments.

If we talk about the Conservative Party, it did not respond to CNN’s request for comment but announced that all political parties use BBC’s content. The Party added that it would ask the BBC if they, in the interests of fairness, intend to complain against other political parties that are using their content. For more visit: https://www.kashishipr.com/ 

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China Bids to Lead Global Organization Protecting Intellectual Property

Beijing, the sprawling capital of China, has bid to lead the world agency that’s supposed to safeguard Intellectual Property (IP) and set international standards for trademarks, copyrights, and patents.

To indicate its desire to more effectively manage the international IP system surrounding Intellectual Property Rights (IPRs), China had already nominated a candidate to head the World Intellectual Property Organization (WIPO) in the first week of November 2019. However, considering China’s track record, including support for U.S. enemies, rampant IP theft, and corporate espionage, many trade experts are wary, to say the least. For instance – some years ago, the United States opposed even the creation of a patent office in China, claiming that the stringent safeguards for securing the confidentiality of trade secrets in Patent Applications might be at risk of intrusions in China.

James Pooley, former deputy director-general at WIPO, said that protecting trade secrets of the applicants was a crucial part of what they are doing. Moreover, the Trump administration’s perspective regarding China is that this nation is a thief. So, how could the authorities even think about making the fox in charge of the henhouse?

Reason for Beijing’s This Move

Typically, one of the several reasons why Beijing took this move is that China, in the present times, is producing a great deal of IP of its own. For several years, although China had exhibited little interest in carving out the role of a leader at WIPO, it has been deepening its formal relationship with the agency that sets the rules for worldwide copyrights, patents, and trademarks. Today, the time after more than a decade when Beijing launched its campaign to boost indigenous innovation, the nation has emerged as the main innovator of its rights and is taking a deep interest in Intellectual Property Protection.

According to some diplomatic sources, the US officials so far have talked to several countries to try to persuade Beijing (China) to reconsider its bid and accept another senior management position at WIPO rather than the top job at the agency.

The Chinese Bid

The recent bid poses a remarkable challenge for the US that has been pushing to restrain China’s growth as a technological superpower while inspecting its developing diplomatic clout at the UN and other international agencies. The potential challenge from China to the stewardship of worldwide intellectual property standards appears when Beijing is looking for rewriting the rules for larger swaths of the global economy, encompassing the role of state-owned firms, the use of state finances to obtain other geopolitical gains, etc. Some famous economists found that due to the unfair trade practices, like counterfeiting and theft of trade secrets by China, the US loses more than $50 billion a year.

As per the WIPO figures provided in October 2019, the election efforts are expected to bring positive outcomes for China as it is emerging as a leading nation in artificial intelligence (AI) and next-generation 5G mobile technologies. Besides, it is the most productive patent filer, accounted for around half of the more than 3.3 million global patents filed in the year 2018. For more visit: https://www.kashishipr.com/ 

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LG Enters Patent Infringement Dispute against Hisense

South Korean Electronics Maker LG Electronics Inc., on 5th November 2019, has announced that it filed a Patent Infringement lawsuit against Hisense, alleging that the Chinese TV manufacturer has violated its TV-related patents.

LG announced that it filed complaints against Chinese and American branches of Hisense in the central district court of California for allegedly infringing upon its four patents. The first patent is associated with LED light assembly technology deployed to transfer LED backlights to LED panels in a stable way. The second one revolves around the user interface (UI) technology that aids users to recognize third party devices like DVD players or computers when they are linked to or connected with the TVs. However, the third patent focuses on technology that turns images and pictures on TV screens sharper. The final or last or fourth patent that rests as a part of this lawsuit emphasizes technology that increases Wi-Fi data transfer rates on televisions.

LG claimed that most of the TV sets sold by Hisense in the US (United States) violate these patents. LG added that it sent several requests and warnings for talks with Hisense earlier this year, but the Chinese rival had acted insincerely, thus forcing the company to go for the other option, i.e., the lawsuit.

The South Korean company has made a statement that they will aggressively protect their patents.

Following Samsung, LG Electronics is the second-largest TV manufacturer worldwide, but its earnings were shortened by its compatriot arch-rival and Chinese upstarts at the beginning of this year. At the time of the second quarter, LG Electronics’s total shipments decline by around 700,000 as compared to the previous quarter, and this appeared as alarm bells for the company as the second quarter is the phase when TV manufacturers can show their strongest performance by launching new products at highest possible prices. LG saw that its gains turned half in the second quarter in comparison to the same period a year ago.

Meanwhile, Hisense has grown to become the fourth-largest firm worldwide in shipment totals and the fifth largest in terms of sales figures. According to IHS Markit, a London-based global information provider formed in 2016, Samsung held 31.5% of the total market share calculated globally in TV sales during the second quarter. LG and Sony followed Samsung with 16.5% and 8.8%. Nevertheless, Chinese companies Hisense and TCL with 6.2% and 6.3% of overall market shares respectively were not far behind.

LG recorded that its third-quarter profits have been gone down in comparison to last year’s gains. And therefore, during the announcement of the third-quarter results said that it was optimistic and promised to proffer a “stable profit structure” for its OLED TV line-up, which would be equivalent to a premium consumer device that will ensure its growth. As part of the patent lawsuit, LG is demanding an undefined amount of damages from the Chinese rival, which with a strong presence on its home turf, has expanded its share in the United States and Europe. ✅  For view source: https://bit.ly/2WVsIFv

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YouTube Settles Lawsuit against Christopher for False Copyright Claims

YouTube, an American video-sharing site headquartered in San Bruno, California, has settled the lawsuit against Christopher Brady, who attempted to extort ‘Minecraft’ creators by falsely flagging their videos over Copyright Infringement and refused to cease unless they paid him.

In Brady’s official apology, which is a part of this settlement, Christopher L. Brady admitted that he had provided YouTube with dozens of notices falsely claiming that matter uploaded by YouTube users infringed his copyrights. Mr. Brady wrote that he apologized to the YouTube community, to YouTube itself, and to the YouTube users who are directly impacted by his actions.

As per the settlement terms, Brady will also pay $25,000, which YouTube intends to donate to non-profit advocacy that advocates on behalf of ‘Minecraft’ creators.

YouTube spokesperson Farshad Shadloo, in a statement, said that this settlement puts light on the real consequences for those who attempt to misuse their copyright work. Besides, they will continue their practice to prevent further abuse of their creator’s works.

YouTube filed against Brady in August this year, after witnessing complaints, tweeted by two Minecraft-focused creators – Kenzo with 462K subscribers and ObbyRaidz with 11.4K subscribers, stating that Christopher had filed false copyright claims against them. The plaints explained that Brady, who used more than 15 different identities, targeted these two and many other creators by filing some manual copyright claims alleging creators’ channels had stolen his content. The channels then got one copyright strike for every claim. As YouTube holds a three-strikes-and-you-are-out system with copyright infringement, a third strike would have led grounds for the end of the creators’ channels.

After the second strike, Brady served creators with the messages demanding money in exchange for canceling the previous two strikes and not filing a channel-terminating third strike.

Through the messages, Brady communicated that once they receive their payment, they will cancel both strikes on creators’ channels. On the other hand, if creators decide not to pay the set amount, they will file a third strike. He also wrote that the creators have very little time to make their decision. The sum that he demanded ranges from $100 to $300.

The strikes were removed from Kenzo’s and ObbyRaidz’s channels after they notified YouTube.

YouTube said that they regularly terminate accounts of those who misuse their copyright system. Nevertheless, in this case of egregious abuse where the copyright removal method was related to extortion, they felt compelled to pursue further towards legal action and to make it clear that they do not tolerate abuse of their platform or its users. For view-source: https://www.kashishipr.com/blog/youtube-settles-lawsuit-against-christopher-for-false-copyright-claims/

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All About Two Vital Trademark Symbols – TM & ®

Undoubtedly, most of us know that a trademark is a type of Intellectual Property (IP) that comprises a recognizable word, sign, symbol, or expression used to distinguish products of a particular source from those of others. However, this is not all. To get the expected benefits from trademarks, you need to be aware of all vital elements related to this exclusive Intellectual Property Right (IPR). For instance, TM and ® symbols. These are the two significant components of trademarks that often create confusion, thus limiting the gains of people associated with the IP industry. Like many other individuals and organizations, if you are also confused with these two trademark symbols, then this article is for you!

What do Trademark Symbols TM and ® Mean?

The TM symbol is used for unregistered marks to indicate that the preceding word, logo, or slogan, is a trademark, and the owner is asserting exclusive rights in it. As per the Trademark Law of many countries, trademark registration isn’t necessary to use this symbol for your branding. Note that this symbol doesn’t provide a guarantee that the mark is protected legally. In general, people use the TM symbol, while the relevant Trademark Application is under processing.

On the other side, the ® symbol, which includes letter R enclosed in a circle, is used to indicate that the relevant word, sign, or logo is registered and the owner holds legal rights of ownership on the same. With a strong deterrent effect, it warns people that the violation of the related mark will be considered a breach of trademark laws.

When Should Trademark Symbols TM and ® Be Used?

As mentioned above, the TM symbol only notifies people and competitors that you are claiming ownership rights to the name, logo, etc., next to which it is placed, many countries like the US, UK, and others allow you to use it anytime. Though emphasize unregistered class yet TM symbol is enough to deter competitors or other unauthorized users from using a mark that is either the same or confusingly similar to yours.

In contrast, the ® symbol can only be used when you have successfully registered your trademark with the relevant trademark office. In countries such as the UK and the US, using ® or any other symbol, which indicates that a mark is registered when that’s not, i.e., false representation in regards to a Registered Trademark is a criminal offense. Besides, failure to use the ® symbol in these countries could result in the loss of vital remedies required to sue someone for Trademark Infringement. However, in some other nations such as the Philippines and Mexico, it is mandatory to use the ‘registered mark/® symbol’ to maintain the registration. As trademark law and its privileges vary from nations to nations, it is better to step into this field after having precise and comprehensive information regarding the rules of the region where you want to get your mark registered. Knowledgeable IP Attorney can be the best helping hand if you are in any doubt and want precise solutions and guidance.

Where Should Trademark Symbols TM and ® be placed?

The most common location to place these two trademark symbols is the upper right corner of a mark in superscript. Nevertheless, if the placement on the top appears unpleasant, then it is acceptable to place the symbols on the lower right-hand corner.

Which Route Should Be Taken to Obtain Trademark Protection?

Due to some confusing cases associated with the use of trademark symbols, large companies who own many registered trademarks evade using the symbols to which they are entitled. Moreover, in most cases, they use the symbols only for some products, not for all. Electing not to utilize the symbols isn’t a good idea as it can affect legal actions for infringement, and thus, limit the damages that you otherwise can claim.

™ or ®? No matter which route you plan to take as per your needs, Trademark Registration is essential to reach complete protection. Although this may seem simple, the process as a whole can be tedious and could prevent you from opting for trademark registration. But don’t worry as having an experienced Intellectual Property Firm that specializes in registering brands can help you to apply for and get your mark registered without any hassle. What makes it the best way is that most of these companies are willing to do it for you at a reasonable price. For view-source: https://www.kashishipr.com/blog/all-about-two-vital-trademark-symbols-tm/

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