Apple Sued Over Trademark Abuse In Memoji Registered Trademark

Social Technologies LLC, a digital-based enterprise known for bringing creative social media products to the marketplace, has recently filed a lawsuit at the US District Court for the Southern District of New York by claiming that Apple is fraudulently and improperly using Memoji as a Registered Trademark without even owning the mark in the country. To be specific, the firm claims that Apple has falsely marked Memoji by including it in the Apple Trademark List on its official website and has attempted to defraud the general public to Social Tech's detriment.

Social Technologies has created an Android app called Memoji. In its complaint filed, it has emphasized that Apple is using the encircled R symbol, which denotes a registered trademark corresponding to Memoji on its website instead of using a TM or SM symbol, which denotes a service mark or trademark that the US Patent and Trademark Office (USPTO) hasn't necessarily granted.

The lawsuit filed highlights that Apple was aware of the significant differences within the trademark list page's text, which instructs for either using the listed items only with the appropriate symbol in publications distributed within the US or otherwise including an appropriate trademark attribution notice. Besides, including the Memoji mark in the list has made the case more complicated in connection to a previously filed lawsuit by Social Tech in 2018 over the matter in the Northern District of California.

As per the complaint, Social Technologies had checked the trademark list page on 17th June 2019 and saw Memoji was not there in the list, which was a day before Thomas La Perle, Apple's Senior Director of Trademark and Copyright, had to give a deposition related to the California lawsuit. However, immediately after the deposition, Social Tech claims that Apple updated its list to include the supposed fake designation of Memoji.

The lawsuit further raises the issue of Apple’s extensive advertising of Memoji in promoting iPads and iPhones and using it as a mascot for the entire brand. The complaint has four listings for 'cause of action' including:

1. False Designation of Trademark as Federally Registered
2. Dilution of the Memoji Trademark
3. Violation of New York General Business Law
4. Unfair Competition

As of now, Social Technologies LLC is seeking monetary damages, attorney's fees, pre- and post-judgment interest, costs and expenses, an injunction to prohibit Apple and its agents from using the registration symbol in connection with Memoji, and the declaration that Social Tech is the only Trademark Holder of the federally registered Memoji trademark.

Ref- https://www.kashishworld.com/blog/apple-sued-over-trademark-abuse-in-memoji-registered-trademark/

Overview And Importance of GST In India

Goods and Services Tax (GST) refers to the tax levied or imposed when a consumer buys a good or avails a service. Proposed as a comprehensive indirect tax by the central and state governments on the manufacture, sales, and consumption of both the goods and services, GST eliminates the cascading effect of taxes on not only the production but also the distribution prices of the goods and services.

THE NEED FOR GST

To explain the impact of cascading taxes, let us consider an example. Suppose A sells goods to B after charging the sales tax and then B, in turn, sells those goods to C after charging the sales tax. In this scenario, while B was computing its sales tax liability, it must have also included the sales tax paid on the previous purchase, and that is how it becomes the case of 'tax on tax' also referred to as 'taxes on taxes' which arises the need for GST to do away with the phenomenon.

CHALLENGES IN THE IMPLEMENTATION OF GST

As India has adopted a dual GST, namely State GST (SGST) and Central GST (CGST), the main hurdle in its implementation is the coordination among different states. The central and state governments have to come to a consensus on the interstate transaction of goods and services, uniform GST rates, and infrastructural requirements to implement the new tax reform; all of which are mandatory for the seamless transition into the GST pattern.

ADVANTAGES OF GST

The introduction of GST in India is a significant step towards the reform of indirect taxation. Combining several state and central taxes into a single tax has overcome the issue of double taxation and led to the establishment of a common national market. From the consumers' point of view, the advantage is in terms of a reduction in the overall tax burden on the goods and services. Successful implementation of GST also helps in giving a strong signal to foreign investors about India's unmatchable ability to support businesses in different fields. With more transparency and efficient compliance, GST has boosted India's GDP and further helped in cheaper and faster movement of goods within the country with a uniform taxation structure. Furthermore, GST has also led to a reduction in prices as manufacturers and traders now don't need to include taxes as a part of their cost of production. Besides, keeping a record of CGST, SGST, and IGST separately is not necessary. The entire process of GST, starting from GST Registration, GST Invoicing, to filing GST Returns, can be done online, which has proved to be extremely beneficial for business firms and organizations, especially startups. Under GST, there are provisions for online payments and compliances and for availing the input credit only when the supplier has accepted the amount, leading to more accountability and regulation in various industries of India, including construction and textile.

BOTTOM LINE

By removing the shortcomings of the supply chain owing to the multi-layered policies, GST has established a transparent and corruption-free tax administration. It is not only investor-friendly or business-friendly but also consumer-friendly to a great extent. Therefore, business owners, entrepreneurs, manufacturers, traders, and citizens must understand that GST is without any doubt the need of the hour and make a point of the fact that any hindrance to its enactment or compliance is unjustified and not in the national interest.

Ref- https://www.kashishworld.com/blog/overview-and-importance-of-gst-in-india/

Liverpool FC's Request to Trademark 'Liverpool' Denied

The British government's Intellectual Property Office (IPO) has recently rejected Liverpool Football Club's controversial bid to trademark the word 'Liverpool' due to the geographical significance of the city. The club's Trademark Application for the word 'Liverpool' came to light around two months ago with its team and faculty members insisting that their attempt to register the mark was purely in the context of football services and products, and to stop the people who benefit from the sales of inauthentic products.

In spite of the club's repeated insistence that all the revenue generated from the protected services and products would go into the reinvestment, like on transfers and the stadium - their trademark application sparked outrage within their followers, fans, outside supporters, and observers, including the Liverpool mayor Joe Anderson, who was strictly against this trademark move since the very beginning.

After accepting the decision taken by the IPO, the club stated that they would continue to pursue large-scale operations aggressively that seek to exploit their IP illegally and would also influence the relevant authorities to take legal action against such criminal activities.
The club's chief executive officer, Peter Moore, said that the trademark application was put forward only in good faith with the sole purpose of protecting the best interests of the club along with its supporters. He also thanked all those who had engaged with them throughout the process, including the local football clubs and independent traders. Furthermore, he admitted the fact that they had underestimated the level of opposition they received from the independent traders in the city and Liverpool City Council (LCC). In the end, he said that they had felt obliged to protect the club and had even looked at similar situations where the clubs have trademarked their place names in the context of football.

Joe Anderson, in his tweet, said that Liverpool Football Club is a global brand that plays a significant role in showcasing their city around the world. He also stated that he shares a strong relationship with Peter and his team and the club's importance to the future of their city is without question.

Ref- https://www.kashishworld.com/blog/liverpool-fcs-request-to-trademark-liverpool-denied/

Online Infringement of IP - The Dark Side of the Digital Age

The Internet today has efficiently created a wide range of opportunities for business firms, companies, organizations, and individuals to communicate their brand messages and reach their target audience. However, keeping aside the Internet's openness, versatility, and global reach, its unregulated character has created a fertile ground for Trademark and Copyright Infringement too. In the broadest sense, online Intellectual Property (IP) infringement covers the sale of counterfeit products and services through the Internet and a variety of its activities, including cybersquatting, phishing, SEO, and unsolicited email marketing. These activities make up for what we may refer to as the dark side of the digital era.

According to various reports and surveys conducted, the fastest growing area of counterfeit trading and Intellectual Property Infringement is online. Companies can't nowadays depend on conventional legal remedies for dealing with trademark and copyright abuse on the Internet. Therefore, they must build a proactive and multi-faceted strategy for Copyright and Trademark Protection, which must offer effective methods of adapting to the challenges of the online environment. It should also help the companies in overcoming some of the limitations in the conventional legal approach. For instance, like other forms of Intellectual Property Law, the Trademark Law is also governed by the principles of territoriality. However, on the Internet, it is quite easy to maintain an anonymous identity with the help of offshore internet servers. Consequently, the infringers with this kind of virtual presence can generate huge profits. The difficulties associated with the conventional legal approach leading to successful online IP infringement further includes the aspect of lack of uniformity in the legal landscape. Varying IP laws and regulations in different jurisdictions make it arduous to navigate the legal landscape.

Nevertheless, all is not lost yet as a growing number of technologies and monitoring services are now available to reduce IP violation, support online brand protection, and safeguard brand equity. As a company's brand and IP assets account for an extreme percentage of its overall business value, a strategic protection program is indispensable for protecting this highly valuable asset base.

AUTOMATED TRADEMARK MONITORING SYSTEMS

For preventing the Trademark Registration of confusingly similar or identical marks by third parties, automated trademark monitoring systems and services can prove to be extremely beneficial. With surveillance mechanisms, these systems monitor trademark use by third parties across product development, point of sale, and distribution. They also efficiently track activities involved in digital marketing, advertising, and social media marketing - that may have a bearing on the brand value and its entity and integrity. Furthermore, they help in signaling to infringers and violators that a trademark is actively protected.

PRIORITIES AND OPTIONS

As the Internet has immensely transformed the business landscape, it has become imperative to keep IP protection strategies in place and outsmart IP infringers in the online marketplace.
Rapidly putting a stop to online infringing activities should be the topmost priority. It requires immediate action for ensuring that no incriminating content is accessible online. Web screening companies linking up with various E-commerce platforms and internet service providers can detect and disable infringing websites and portals.

Claiming monetary damages from infringers can be a tough task, especially, in the present borderless digital society, where tracing the identity of an infringer is another complicated process. The courts and other authorities can help in stopping the illegal use of brands online by initiating legal proceedings against unauthorized use.

As the IP infringers are nowadays all equipped with the latest smart technologies and tools, the in-house legal departments and providers or specialized services can tackle such issues and provide solutions in a professional, cost-efficient, and responsible manner.

Copyright Infringement And Ways Of Avoiding It

Intellectual works such as written stories, poems, recorded songs, artworks, and photographs are just some of the original creations that can obtain Copyright Protection. It implies that the authors, creators, or artists or these original works own the exclusive rights to sell, distribute, derive, or modify their material. Without the owner's expressed permission, it is not legal for anyone to use the copyrighted work. Otherwise, the owner can sue you for violating the Copyright Law, and you may be held liable for Copyright Infringement.

COPYRIGHT INFRINGEMENT

Copyright Infringement is just another term for theft of ideas and piracy. To be specific, it refers to the act of stealing someone's original creations and violating his Intellectual Property (IP). It is indeed an illegal offense, especially when the person who has copied the idea, recoups all the benefits on behalf of the original creator.

EXAMPLES OF COPYRIGHT INFRINGEMENT

1. A classic example of copyright infringement involves the use of music in your videos. If you haven't obtained the legal consent to use a song or audio as the background music in your creative works, presentations, or movies, you could be held liable for copyright infringement. Nowadays, various video-sharing social media platforms like Facebook and YouTube actively mute songs and music for preventing Copyright Violation.
2. Quite often, many creators provide the option of downloading their original works for a fee. However, downloading a TV show, music, software, or movie, that is not owned by the creator leads to copyright violation. Such non-authorized websites automatically prompt you to share the same material with others as well, which results in you redistributing the copyrighted material intentionally or unintentionally and without the owner's permission or knowledge.Another typical example of copyright infringement involves using a creator's artwork, photograph, or graphics in your website's posters, banners, or brochures, without seeking their permission. You can't use such material in your marketing campaigns as well until and unless you either buy the photograph or artwork or pay the creator a certain fee. Furthermore, purchasing or paying for someone's artwork doesn't permit you to use the same for merchandising without any explicit consent.
3. Even if it's a derivative or inspired work, you can't copy it and claim it as your own; it is referred to as 'plagiarism' in the music or publishing industry.
4. Although it is reasonably acceptable to record a TV show at home for watching it later; however, passing the recorded material to others, producing a bunch of its copies to sell and gain profit, or broadcasting and posting the video online becomes a case of copyright infringement.

HOW TO AVOID COPYRIGHT INFRINGEMENT

In today's digitally transformed world, it has become ever-easier to reproduce or distribute the original works of the creators. However, the risks and consequences associated with copyright infringement won't be worth the trouble to your finances, peace of mind, reputation, and time. Few tips to avoid copyright infringement are as follows:

Always Assume There's Copyright

Assuming that a created work has copyright protection is the safest option. Even if you don't come across any official statement regarding the public use of that particular material, there's still a probability that someone already owns its Intellectual Property Rights (IPRs). Therefore, it is better to get written consent from the copyright owner whose work you wish to use. Put in efforts to contact the owner for making or negotiating a deal.

Research Well Before Using the IP of Others

Some creators share their works for a price, while others grant permission, only if there is proper attribution. In case there are no attribution conditions or specific fee involved, you must go through the clause of Terms and Conditions on the official website of the copyright owner. Besides, contacting the owner for his expressed consent is usually the best possible way of preventing infringement.

Understand the term 'Fair Use'

Making yourself aware of the rights under 'Fair Use' can help you in taking advantage of the original works for non-commercial endeavors. However, it is imperative to know about a few factors that may affect your usage and its value in the market. Consulting a legal expert on copyright laws can clear your doubts as well.

Pay Someone for the Original Works or Create your Own

If you have the right creative and artistic skills, you can also come up with your original content, rather than copying someone else's work. On the other hand, if you have adequate financial resources, then you can pay other people to be the creator yourself.

Source Free-to-Use Materials under the Public Domain

Nowadays, there are many sources for free-to-use materials under the Public Domain. You can search for the works with 'Creative Commons' (CC) license (enabling the free distribution of the otherwise copyrighted work), which can be commercially viable.

Ref: Copyright Infringement And Ways Of Avoiding It ✅ https://t.co/gs6jVho96A#trademarkregistration #trademark #patentregistration #industrialdesign #copyright #patent #intellectualProperty#IP #kipg #domainname pic.twitter.com/yNbwPwHYRk

— Kashish Intellectual Property Group (@Kashish_IPGroup) September 20, 2019

Apple Applies for a US Trademark on 'Slofie'

During this year's Apple event held in September, the tech giant had announced that its new iPhone 11 line would feature a front camera capable of recording at 120 frames per second. The same effect, when slowed down, would produce a crisp slow-motion video, which shall be perfect for recording dramatic selfie videos. They called this feature 'Slofie,' made from the words 'Slow' and 'Selfie.' Although it seemed that the term slofie was just a cruel joke by Apple; however, the company has recently filed a Trademark Application for the same with the US Patent and Trademark Office (USPTO).

Even though iPhone 11 hasn't yet entered the market, the early reactions to its slofie feature were more on the negative side. However, according to the document filed with the USPTO, Apple is sticking to the term slofie which it describes in its trademark application as - downloadable computer software for use in recording and capturing video. That implies that Apple is more into looking forward to preventing other companies from coming up with a similar feature. They wish to put a stop to the creation of counterfeit slofie apps and want slofies to remain exclusive to the new iPhone.

In spite of the prime focus on apps, Apple has not included a slofie mode or slofie app in its upcoming iPhones. The feature is known as 'slo-mo' in its camera app and the current usage of this feature only refers to the resulting videos, rather than any app or mode used to capture and record them.

Quite clearly, Apple is hoping its slofie feature would be a success story and help in selling the new iPhone 11 line, which has also incorporated plenty of additional camera upgrades. As per various reports, the tech giant has paid $400 for filing this trademark application.

Ref: https://www.kashishworld.com/blog/apple-applies-for-a-us-trademark-on-slofie/

Everything You Need To Know About Trademarks

Your brand is your image, and a trademark legally protects the unique and specific aspects of your brand. By carrying a legal weight of representing a brand or a business along with its products and services, Trademark Protection can apply to words, logos, symbols, phrases, color schemes, packaging design, unique labeling, signatures, sounds, movements, or any combination that uniquely identifies a product and distinguishes it from others.

IMPORTANCE OF TRADEMARKS

Businesses and brands with Registered Trademarks make it easier for customers to locate their services along with the products offered. Whether your customers are browsing the internet, active on social media, or simply walking around the neighborhood, trademarks help them in immediately identifying your company and its available services and products.
Every company or individual with a trademark owns the legal right to its protection as well. If any other person, business firm, or organization starts selling identical products or comes up with something likely to create confusion in the minds of the customers, the trademark owners can initiate legal proceedings against such unauthorized use. The value of a trademark increases as the reputation of the company or its brand gets better with time. Customers usually stay loyal to their favorite brands, which further steps up the value of the company. Furthermore, a trademark holds immense potential in quickly becoming the highest-valued Intellectual Property (IP) or asset owned by a company as it will stand on the pillars of loyalty and high-quality in the eyes of the customers.

Trademark Registration can also prove to be fruitful in turning your trademark into a valuable and transferrable asset, which your business can use anytime in negotiating better business deals or providing more financial security. A well-protected trademark is substantially more likely to thrive, even when the economy begins to go downhill, while flimsy trademarks won’t last for long in troublesome financial conditions. Failing to register a trademark, damages the brand, destroys the reputation and risks the Intellectual Property Protection.

Many individuals and business firms believe that registering a domain name or business entity name offers the same protections and rights as a trademark. However, people must understand that registering a company name or a domain name will not prevent any third-party from using an identical or a similar name. Therefore, businesses of all sizes should be proactive in developing a strategy for trademark protection to keep their brands safe. It is also vital to make a point of the fact that using a trademark should never infringe or violate any other already registered trademark.

Maintaining a strong trademark portfolio that is enforceable helps a trademark owner in looking for possible conflicts, including the people who might be diluting the trademark or infringing on its protection. The prime purpose of the Trademark Law is to safeguard the owners from losing sales and income due to the presence of confusingly similar marks in the market among which a customer can't differentiate.

CREATING A TRADEMARK

Before registering a trademark, it is imperative to ensure that the proposed mark meets all the requirements as specified by the jurisdiction in which you are planning to file the Trademark Application.

For seeking trademark protection, the proposed mark must be distinctive, as per the four categories mentioned below:

1. GENERIC: As generic terms can be used by almost everyone, a trademark shouldn't be too generic.
   
2. DESCRIPTIVE: Descriptive terms can qualify for protection if an additional meaning is provided, which adequately proves the public connection to the proposed mark.
   
3. SUGGESTIVE: This category requires the customers to think creatively and understand the link between the proposed mark and goods or services provided.
   
4. ARBITRARY OR FANCIFUL: This category refers to the made-up phrases, words, or names with a meaning that don't relate to the products or services offered. For instance, the trademark ‘Apple’ owned by Apple Inc.
   
   Ref: https://www.kashishworld.com/blog/everything-you-need-to-know-about-trademarks/

Air NZ's Trademark Application for 'Kia Ora' - Offensive to Many Māori

The flag carrier airline of New Zealand, Air New Zealand, has offended the country's Māori people by filing a Trademark Application for a logo of the words “Kia Ora” which is the greeting for hello. The airline filed the trademark application for “Kia Ora” which is also the name of its in-flight magazine, this year in May. The Intellectual Property (IP) Office of New Zealand stated that the airline was looking forward to protecting only the particular stylized forms of the greeting and not the greeting itself. However, the Indigenous groups of New Zealand said that the words of the logo belonged to them, and the attempt to trademark the phrase was a pure cynical business move.

The Māori Council, in this particular context, has said that it would take Air NZ to court if it goes any further with the trademark move. Besides, the council also stated that the trademark application is an insult to New Zealanders and referred to it as “harebrained.” Matthew Tukaki, the council's executive director, said that he and all Māori are sick and tired of cultural appropriation and their language is a national treasure, which people can't use for business purposes and gain profits from it as they see fit.

Various IP experts have said that it is unlikely for the trademark to seek approval as the language is a common greeting among all races in the country and the private companies, government institutions, and businesses use the same abundantly. Moreover, the trademark application would also require passing the examination phase with the Māori trademarks advisory committee, which advises the commissioner of trademarks in New Zealand.

Maui Solomon, an Intellectual Property Rights (IPRs) expert, said that the airline is "overreaching" by seizing national icons to help promote their brands, and if they are doing so, there should be benefit-sharing, and the airline must stump up with a bit of cash.

The national airlines stated that the trademark application is all about safeguarding the company's logo and they have immense respect for the Māori language in their hearts. A spokesperson for Air New Zealand stated that the phrase “Kia Ora” has been registered by various applicants to be used for a wide range of products and services and it is a part of their standard corporate practice to trademark all their logos. Ref: https://www.kashishworld.com/blog/air-nzs-trademark-application-for-kia-ora-offensive-to-many-maori/

Business Entity Names, Domain Names, and Trademarks - What Are They?

People who are either dealing with a company, starting a new venture, or running a business need to know what are business entity names, domain names, and trademarks and how to use them for increasing revenue. Each of these three terms has a unique purpose and core concepts and must be used adequately for establishing a successful business presence. Let's understand this with an example. Apple Inc. is a business entity name denoting a legal entity, which in this particular case is a publicly-traded United States Corporation. 'Apple.com' is one of the many domain names owned by Apple. 'Apple' is the Registered Trademark of the technology giant with the US Patent and Trademark Office (USPTO). At the very first glance, all these three terms seem to be incredibly similar as they all incorporate the name 'Apple.' However, from a legal viewpoint, it is critical to bring up that each term is different as the legal rights associated with them differ extraordinarily.

BUSINESS ENTITY NAMES

When we apply for an entity name with the department of a particular state, we are registering that entity, organization, or publicly traded corporation to do business in that respective state. Some common types of business entities (but not exclusively limited to) include:

1. 1. 1. Limited Liability Companies (LLC)
      2. Corporations
      3. Limited Partnerships

Limited Liability Companies can use 'LLC' to express the fact that their company is a limited liability company. A corporation is usually identified with 'Inc.' attached to its name. 'LLP' refers to Limited Liability Partnerships. The business entity names must be used in advertisements and business correspondence in the same way they are registered.

DOMAIN NAMES

A domain name is in the form of .com, .org, .net, or other web addresses existing for people and companies to find your business online. While selecting a name for your business, you must also see whether its corresponding domain name is available or not. In many cases, someone else can also buy the same domain name with a different top-level domain name. For instance, if you own the domain name, 'company-name.com,' others may own 'company-name.org' or 'company-name.net.' The domain names have a centralized registration process. A domain name is only the name of your website and owning the same won't give you any Trademark Rights.

TRADEMARKS

Registered trademarks protect the symbols, phrases, logos, or names that distinguish the source of products and services of one party from another. Some of the most famous and widely recognized trademarks include Google, Rolex, and Vodafone, to name a few. If used lawfully and enforced positively, trademarks safeguard the brand's entity by not letting any other person or company use the same without permission. In case, the trademark holder comes across a similar trademark, that may create a likelihood of confusion in the mind of a consumer, he can initiate legal proceedings against the allegedly infringing user in the court.

DIFFERENCES AND SIMILARITIES

People often consider business entity names and domain names as the same since they aren't aware of the unobtrusive contrasts. While a domain name only points to the online presence of a business, a business entity name, on the other hand, refers to the legal representation of a valid business. A domain name can be changed if required, but a business entity name usually stays the same. Trademarks are the exclusive form of Intellectual Property Rights (IPRs) that can prevent the unauthorized use of a brand by any other individual or entity. Though different, they are all confused with each other at some point or the other.

Ref: https://www.kashishworld.com/blog/what-are-domain-names-business-entity-names-and-trademarks/

LeBron James' Trademark Application for 'Taco Tuesday' Denied

Recently, the United States Patent and Trademark Office (USPTO), has turned down the Los Angeles Lakers basketball star LeBron James' Trademark Application for the phrase 'Taco Tuesday.' The USPTO stated that the proposed mark is a commonplace term. It further explained by saying that the phrase 'Taco Tuesday' is an expression or a message used by various sources to a great extent and solely conveys a familiar, well-recognized, or ordinary concept. Moreover, the office presented various news articles as evidence to show that people around the world widely use the phrase 'Taco Tuesday' to express their enthusiasm for tacos by celebrating and promoting them on the dedicated weekday, i.e., Tuesday.

The USPTO also referred to the similarity of 'Taco Tuesday' to another already existing trademark, 'Techno Taco Tuesday' owned by an entertainment company in Las Vegas. The office stated that removing a word from a Registered Trademark doesn't overcome a likelihood of confusion.

James had filed the trademark application last month on August 15, 2019, through his company LBJ Trademarks LLC, to use the phrase for online entertainment services, podcasting services, and his social media posts related to entertainment, sports, current events, and popular culture. His company also revealed their plans for using the phrase in marketing and advertising services.

According to The Los Angeles Times (a daily newspaper published in Los Angeles, California), a restaurant in Cheyenne, Wyo., already owns a trademark for the same phrase and has been aggressively protecting its Intellectual Property (IP) for quite a while now.
It seems as if Mr. James' attempt to trademark the phrase was seen as a possible means to free it for use by everyone.

For challenging the USPTO's move or refusal of the phrase, James and his team now have six months to respond. However, according to Josh Gerben, a lawyer specializing in trademarks, the refusal is pretty hard to overcome.

Ref: https://www.kashishworld.com/blog/lebron-james-trademark-application-for-taco-tuesday-denied/

Microsoft's new Patent Filing Reveals A Mysterious Portable Speaker

The world's leading multinational technology company, Microsoft, has been working on microphones and portable speakers for quite a while now, and it seems as if we are about to come across a final product very soon. Microsoft's recent Patent Listing specifies a portable speaker that appears similar to Google's Home Mini, in terms of design and size. Moreover, Microsoft has even referenced Google's device in its Patent Application.

Malek Chalabi, the principal design manager for Microsoft Teams devices, is one of the inventors of the portable speaker. He has suggested that the speaker will be used in the meeting rooms. In the past, Microsoft has shown "meeting room of the future" along with various prototype devices having the capability of improving the meetings in its labs. It also illustrated that the company would be further investing in new devices and the latest technology with an objective of re-imagining how meetings work. Another inventor in the patent listing is Dustin Brown, who leads the Industrial Design efforts and operations to create and prototype forward-looking experiences and hardware for the company's envisioning labs.

Coming to the design of the portable speaker, it appears to have fabric wrapped around its top along with volume buttons on the side and the facility to receive, make, and mute calls. All these details further suggest that the patent relates to Microsoft Teams and its meeting rooms, but doesn't specify whether the speaker would be Surface-branded or not. Additionally, the speaker also seems to have a removable base, which would allow it to charge and be positioned in the meeting room as per the need.

As of now, Microsoft has declined to comment on this patent listing. However, on 2nd October 2019, the company will be holding a Surface hardware event in New York City, in which it might reveal the details of this particular patent. According to the current rumors, Microsoft is also set to launch an ARM-based Surface, an AMD-powered Surface Laptop, and a new Surface Pro with USB-C.

Planning to Launch a Website? Avoid these Common Intellectual Property Pitfalls

Having a lawsuit filed against you in court, or receiving a cease and desist letter is never a welcome occurrence. For diverting multiple resources from your business and moving towards resolving the infringement disputes, it is essential to invest wisely in Intellectual Property (IP) before launching a website and avoid the following common pitfalls.

Pitfall No. 1 - TRADEMARK INFRINGEMENT

After selecting a brand name for your company, website, or product and spending an enormous amount of money in its promotion and marketing, you may receive a letter from another company or individual alleging that you are infringing its Trademark Rights. The plaintiff would demand you to stop the infringement of its brand or name.  In this situation, you will face tough choices - would you rename your brand or pay a lawyer to fight on your behalf?

How to avoid it - Before investing too much in a brand name, run initial searches on the internet and applicable foreign databases like EUIPO, USPTO, and WIPO to come across already registered trademarks and candidate marks. Furthermore, you should also try to foresee the position of your company in the next three years and make sure no other company or organization is occupying a similar space in the business environment. Consulting a Trademark Attorney having additional resources and expertise can offer aid in identifying and evaluating the risks involved if any. Therefore, it would be wise to say that a little amount invested before can save you vastly more down the road.

Pitfall No. 2 – CHOOSING A NAME THAT CAN’T OBTAIN TRADEMARK PROTECTION

While selecting your brand name, you should make sure that the proposed trademark can be registered, enforced, and protected. Additionally, it should also be descriptive and relevant to your business and its marketing strategy so that you face no difficulty in stopping any other company from using a confusingly identical mark or claiming any damages.

How to avoid it - Once you have selected the name, you must file a Trademark Application by covering all the specifications of the proposed mark for your products or services. The application will then go through the examination phase, in which the proposed mark is examined to determine whether it is suitable for Trademark Registration or not. If the application is accepted, then the owner owns the exclusive rights acting as a deterrent to others adopting a similar name.

Pitfall No. 3 – FAILING TO COORDINATE BETWEEN YOUR DOMAIN NAME AND TRADEMARK

After getting your trademark registered, you would want to register the corresponding domain name for your website as well. However, in some cases, you might discover that the domain name, which you were looking forward to obtaining, has already been taken by another company or individual. If the owner comes to know about your plans of launching a web business with the same name, he would either stop you from doing so or ask you to pay a hefty sum to obtain the domain name.

How to avoid it - Coordinating the timing of Trademark Filing and disclosure of the intended name with the purchase of domain name can help in ensuring that both the names are affordable and available at the same time.

Pitfall No. 4 – USING PLAGIARIZED CONTENT

People nowadays often copy the content available on the internet and use it on their websites. Consequently, the owners of the copyrights in that content can initiate legal proceedings against you or demand monetary damages for using the material without their permission.

How to avoid it - Make sure you reserve all the rights to the content published on your website. You must never copy content, videos, or images without the consent of the owner. Furthermore, remember that using names of people or showing their faces while promoting your business may infringe their personality rights. Besides, you should also make a point to have all the agreements and contracts with any third-party content providers in place. Otherwise, the contractual worker will claim the copyright.

Ref: https://www.kashishworld.com/blog/planning-to-launch-a-website-avoid-these-common-intellectual-property-pitfalls/

Protecting Software Innovations – Copyrights Or Patents?

Computer programs or software refer to the instructions executed by a computer. It takes a lot of time, skill, labor, and hard work to develop computer software, which is in the form of source codes and object codes. In today's highly competitive business environment, software innovations have an enormous market value and hence can be copied and used by unauthorized people. Therefore, it is highly advisable to protect the software either under Copyright Law or Patent Law, which at times can be a tough decision to make.

PROTECTION OF SOFTWARE INNOVATIONS UNDER COPYRIGHTS AND PATENTS

Patents or copyrights are the legal forms of Intellectual Property Rights (IPR), which can protect the owner's software source code, invention, or idea. It often becomes necessary for every software developer or designer to choose between a patent and copyright. For making a choice, the developer has to think about what he is protecting. The question is, whether the developer is protecting the code or the idea and process of the software. Obtaining the registration of patents and copyrights are two very different processes and might also change what the owners want to do with their software.
Under the law, both copyrights and patents protect software from theft and infringement. However, each one protects a different part of the software. For instance, patents protect the idea while copyrights protect the written code. Additionally, copyrights don't protect the idea behind the source or object code. To be specific, copyrights don't protect ideas, processes, procedures, and systems, methods of operation, concepts, discoveries, or principles. Software patents, on the other hand, are utility patents (and not design patents), that protect a process, machine, an article of manufacture, a composition of matter, or improvement on an already existing utility.

ADVANTAGES OF SOFTWARE PATENTS OVER COPYRIGHTS

Patents granted for software inventions prevent unauthorized users from utilizing a specific algorithm or creating new software programs (which perform the patent-protected functions), without any explicit permission. On the other hand, copyrights protect only the expression of the idea, i.e., the source code and not the functionality. Therefore, it won't be wrong to say that patents offer a much broader range of protection.
Some of the significant contrasting features between these two forms of Intellectual Property Protection are listed below:

1. Patents protect the functional aspect of a software invention, whereas copyrights protect only the idea and concept behind the software.
2. Copyright Protection extends for the owner's or author's lifetime plus an additional period of 60 years, whereas patents last for 20 years.
3. Software patents are difficult to get, whereas Copyright Registration takes only a few months.

CONCLUSION
Whether any software program or piece of code involves an inventive aspect or not, it must seek protection under Copyright Law. However, the dilemma to obtain Patent Protection arises when there is an invention in a software product or process. In such circumstances, the owner should explore the option of protecting the software invention with a patent as they offer much broader and stronger protection than copyrights.

Ref: https://www.kashishworld.com/blog/protecting-software-innovations-copyrights-or-patents/

Apple Files Patent Application for Gas Sensors in Future iPhones

With yet another possible aspect of technology in future iPhones, Apple has recently filed a Patent Application relating to dangerous gas detection sensors with the US Patent and Trademark Office (USPTO). The patent hints at notifying the device users of the hazardous levels of gas in their environment. This time, Apple has focused intensively on adding a new ozone sensor (an in-sensor span calibration for the micro-electro-mechanical system (MEMS)) for detecting dangerous gases. Furthermore, the patent also relates to transducers, and gas sensor baseline correction using various other co-located gas sensors.

In the big picture, smaller than usual gas sensors or miniature gas sensors for consumer electronics represent a technology category that could empower up the upcoming features and items in applications such as smart homes, Internet of Things (IoT), and environmental and health monitoring. However, deactivation of the sensor materials in metal oxide sensors, along with chemical poisoning, can cause a drift in not only the sensitivity but also in the baseline resistance, posing a threat to the mass-market adoption of miniature gas sensors.

Apple's new invention addresses all these challenges. In one or more aspects, Apple has noted that the subject technology directs to configurations and devices for an in-sensor span calibration of a micro-electro-mechanical system (MEMS) ozone (03) sensor in devices including a smartwatch or a smartphone. The subject technology uses a light source to produce the ozone gas from the air inside a gas-detecting device. Ozone gas can be produced by using either UV light of short wavelength or with corona discharge. As the UV light of short wavelength can split O2 molecules into two free oxygen radicals, they can then readily combine with O2 molecules to create ozone gas molecules (0+O2=O3). The uncovered solution is to incorporate a controllable UV light source inside an enclosure of a gas-detecting device alongside a sensor particularly for ozone gas, including a metal-oxide (MOX) or another ozone gas sensor.

Apple's patent, as shown in the image, illustrates a method of providing a miniature gas-detecting device capable of in-sensor span calibration. A light source at no. 340 hints at facilitating the generation of the ozone gas inside the enclosure (no. 530). The gas sensor or detector is calibrated periodically by using a heating element to dispose of the ozone gas thermally for providing a calibration baseline (no. 540).
The USPTO published Apple's new patent application on 29th August 2019. However, when would such kind of a product come to the market stays unknown as for now.

Ref: https://www.kashishworld.com/blog/apple-files-patent-application-for-gas-sensors-in-future-iphones/

Image Credit/Reference: https://www.patentlyapple.com/

LeBron James Seeks to Trademark the Phrase 'Taco Tuesday'

LeBron James, an American professional basketball player, has recently filed a Trademark Application with the US Patent and Trademark Office (USPTO) for the term 'Taco Tuesday.' The trademark request states that James wants to use the phrase corresponding to the marketing and advertising services offered by various passive, shareable, and viral platforms and channels like mobile marketing, internet marketing, social media, search engine marketing, and blogging. To be specific, the basketball star is willing to create a brand around his obsession and habit of eating Tacos on Tuesdays.

Irrespective of the fact that this trademark filing may appear to be somewhat off-the-wall, it does make sense. As of late, James has been making sincere efforts to expand his empire past sports into entertainment and various other realms. Without any doubt, Taco Tuesday has become a total event for his entire family. Quite frequently, he is seen on Instagram, posting stories of him eating Tacos along with screaming the phrase, "Taco Tuesday!" Moreover, he has even got T-shirts with the same phrase.

In any case, the extent that trademarks go, 'Taco Tuesday' has now become quite famous. The phrase is present worldwide and enormously used. However, the Wyoming-based chain, Taco John's, already owns the phrase as a trademark for their restaurants and has event sent cease and desist letters to the ones who try and use the phrase. Although they can't stop every restaurant or cafe in the country that attempts to use the phrase 'Taco Tuesday,' they are left having to try; if only so they don't lose the trademark themselves.
According to various reports, James and his team (LBJ Trademarks) aren't surely launching anything with the Taco Tuesday name as of now, and are still very much in the exploratory phases. Taco Tuesday will continue to remain a lifestyle for James till the time he doesn't own any exclusive Trademark Rights for the same.

Ref:

LeBron James Seeks to Trademark the Phrase ‘Taco Tuesday’ #News #LeBronJames #Trademark #Tacotuesday https://t.co/0t2lIi21Uy

— Kashish Intellectual Property Group (@Kashish_IPGroup) September 11, 2019

IP for SMEs and Enterprises - Importance and Benefits in India

In the present era, Intellectual Property (IP) is quite often not adequately appreciated by various enterprises and SMEs in India. By miserably failing to realize the value of IP and the immense potential it holds in providing opportunities leading to the future growth and success of every industry, the business owners are digging their own graves. Instead of being perceived as an obscure legal concept, IP should be seen as a powerful tool, contributing significantly to economic development. If utilized appropriately, IP can indeed prove to be instrumental in keeping the competitive advantage for enterprises and SMEs. IP can effectively safeguard unique innovations, ideas, and concepts, from theft and infringement by competitors. Besides, IP also enhances the overall worth or value of the business firm or organization in the eyes of the investors.
In developing nations like India, SMEs are often considered as the backbone of the country as they generate more employment opportunities than multi-national corporations. According to various reports, the number of registered and unregistered SMEs working in India is somewhere around 42 million. Collectively, they offer employment opportunities to approximately 100 million people, which is roughly 40% of the entire workforce. Because of such reasons, these companies need to invest in building and managing their IP portfolios for sustenance and growth.

Trademarks, Patents, and Much More!

Many people across the globe are of the view that IP is all about patents and trademarks. It is a matter of fact that yes; trademarks and patents are two exclusive forms of IP. However, there are various other lesser-known forms of IP as well. Geographical Indications (GIs) serve to safeguard enterprises within a specific geographical area or boundary by preventing the competitors outside the geographical area from copying their products. Under the Indian Legal System, there is another form of IP, known as trade secrets. If a competitor gains unauthorized access to a company's trade secret using unlawful methods, then the company can initiate legal proceedings for the recovery of monetary damages. A typical example of a well-protected trade secret is the composition of Pepsi. People are aware that Pepsi's composition includes water, caffeine, sugar, CO2, and color. But, the way they mix them, and in what proportion and order is a trade secret. Industrial Designs protect the characteristics or features of configuration, shape, surface pattern, or combination of colors or lines, which when applied to either, a 2D or 3D functional article, improves its visual appearance.

Depending on the type and nature of the business, enterprises should craft their IP strategy carefully. They should make sincere efforts to choose the right combination of trademarks, patents, copyrights, geographical indications, and so on, to gain popularity and increase the sales of their services and products in the market. In India, various awareness programs proposed on Intellectual Property Rights (IPR) are being currently organized in many regions for providing an overview of IP issues corresponding to copyrights, patents, trademarks, etc.

Advantages to Enterprises 

A lot of institutions are working hard to increase IP awareness among the enterprises and SMEs of India. For instance, the National Institute of Intellectual Property Management (NIIPM) is known for offering training, education, research, and conducts seminars and workshops in the field of IPRs. Furthermore, it also caters to the needs of 4 types of IP, including, trademarks, industrial designs, patents, and geographical indications. Established by the Government of India in 1980, the Patent Information System (PIS) effectively manages and maintains a collection of patent-related literature and specifications on a worldwide basis to be used by various organizations, state governments, and industries. Various other institutions such as the National Intellectual Property Organization (NIPO), Confederation of Indian Industry (CII), National Manufacturing Competitiveness Council (NMCC), amongst many others, are also working towards providing knowledge on IP and helping in the economic development of enterprises.

The Government of India introduced the India Innovation Index in 2017, which ranks the Indian states based on the degree of their innovation. Moreover, the Government also came up with the Intellectual Property Rights Scheme (IPRS) in 2017, which is an awareness action plan and a further implementation of the National IPR Policy (2016). In a nutshell, enterprises can extract many benefits from such programs and effectively carve their IP strategy.

Why is Intellectual Property (IP) Crucial for Disruptive Innovations?

In the present highly competitive business environment, every entrepreneurial or innovative journey usually begins with an idea, yet what pursues is altogether different for everyone. Business owners and entrepreneurs have plenty of ideas in their minds, but choosing the most appropriate one is a skill or aptitude that develops over time. Nowadays, most of the entrepreneurs and business owners usually have ideas or discover them based on their past work understanding, character traits, personality strengths, and academic background. However, there are many others as well who wish to bring a fundamental change in the world economy using their unique and innovative inventions or ideas. For such entrepreneurs, the search process for an invention that will prove to be beneficial in the long run can be an arduous task. Without any doubt, venturing out of one's comfort zone alone is one of the most critical traits of a successful entrepreneur. Disruptive innovations in any business have the immense power to bring forth various unexplored opportunities, outcomes, and possibilities, including strategic partnerships and access to the new market. Such innovations usually interrupt the already existing market by displacing leading business firms and shifting market scenarios. It is, therefore, highly advisable to everyone running a business to protect their ideas or inventions critically from their competitors as they are extremely vulnerable to theft and plagiarism.

PATENTS AND THEIR IMPORTANCE

Intellectual Property Rights (IPRs) play a significant role in leading an innovative and diligent entrepreneur towards the path of success. When a person executes or conceptualizes disruptive and unique ideas, patents, being the most exclusive form of IPRs, safeguard the fruits of innovation from exploitation and unauthorized commercial use by anyone other than the person himself. Intellectual Property Protection seeks to protect not only the new creations or innovations but also the already existing ones. By filing a Patent Application, entrepreneurs have access to all the information valuable for embarking on a new journey. They can also come to know about any other person or inventor owning the patent for a similar kind of invention and prevent themselves from running into potential Intellectual Property (IP) disputes that may arise in the future.


  WHY IS INTELLECTUAL PROPERTY INDISPENSABLE TO ENTREPRENEURS?

Owning Intellectual Property enables business firms and entrepreneurs to occupy a space with higher entry barriers, which further offers them with a competitive edge to grow at a faster pace than those with no IP Rights. Business owners and individuals who understand the importance of IP can immediately establish themselves well and achieve success. In a world driven by technological advancements, patents are of paramount importance as they help the inventors to come up with dynamic creations and innovations. Therefore, investors nowadays are increasingly attaching a lot of value to patents. As protecting the valuable assets of every business is essential, neglecting its importance can lead to many challenges arising in the future.