Nike Secures Patent for Blockchain-based Sneakers Known as CryptoKicks

The United States Patent and Trademark Office (USPTO) has recently awarded a patent for blockchain-powered sneakers called "CryptoKicks" to the leading sportswear brand Nike. The company had filed the Patent Application this year in April to use blockchain technology for assigning a unique digital ID to its shoes and sneakers. As a creative blockchain-enabled system for recording and transferring the ownership of shoes, the patent describes how the digital assets shall be attached to the physical products. It has also further described how the ownership of the shoes would be recorded on the blockchain-based platform at the time of purchase.

As per the patent, the blockchain records enable verification of ownership instantly, with the buyers assigned a digital token at the time of purchase. Such tokens would then hold value in their own right, and can even be exchanged or traded in the same manner as other digital assets. The blockchain-based model also makes sure that the digital tokens are inherently scarce as they are tied to the production of CryptoKicks sneakers. When a customer would buy a genuine pair of shoes, its digital representation may be generated, linked with the customer, and assigned a cryptographic token, in which case, the digital shoe, and the cryptographic token would collectively represent the “CryptoKick.” The digital representation of the shoe may include a limited edition artist rendition of the shoe or a computer-generated avatar of the shoe.

Nike Again Sues Skechers Alleging Design Patent Infringement

Using this digital asset, the buyers can also trade or sell not only the tangible pair of shoes but also the digital shoe in a secure way. According to the patent, they can store the digital shoe either in a cryptocurrency wallet or any other digital blockchain locker. Moreover, if they sell the sneakers to another person, the ownership can also be transferred using the blockchain system and digital assets.

Additionally, the buyers of the shoes would also be able to “breed” or “intermingle” the digital shoe with another digital shoe for creating a “shoe offspring.” The newly bred shoe offspring can be custom made as tangible and new pair of shoes as per the rules of acceptable shoe manufacturability.

Nike's patent is an amazing example of how a company is using its creativity to retail products powered by blockchain. The patent suggests that the sportswear giant is moving towards launching more products tied to the crypto technology and blockchain-based system; however, no release date for CryptoKicks has come out in public.

Ref- https://www.kashishworld.com/blog/nike-secures-patent-for-blockchain-based-sneakers-known-as-cryptokicks/

The Importance of Patent Search before Filing the Patent Application

Though quite often overlooked, a Patent Search is indeed a valuable tool that can help the inventors and innovators to a great extent in saving money, time, and effort and avoiding the common pitfalls involved in patent prosecution. Under the United States Patent Law, the invention has to meet the patent requirements for even the Patent Application to be considered. The invention has to be non-obvious, useful, new, and subject-matter eligible. After coming up with their innovations, the inventors wish to dive straight into the patent application process. They believe that since the invention isn't there in the market yet, it automatically meets the said requirements. Unfortunately, this isn't the scenario. With somewhere around 40 million patent documents already published across the globe and a million more added to this number every year - only a small fraction of these inventions end up reaching the market. The reasons behind the same may vary, with the most general one being the inventor failing in addressing the issues at the stage of patent research, disclosure, evaluation, protection, marketing, or licensing. Additionally, there is an increase in the number of patent applications filed as well. As per the reports issued by the World Intellectual Property Office (WIPO), in 2017, international patent applications had increased by 4.5% to 2, 43,500.

Not all the applications filed are successful in receiving a patent grant. The journey beginning from the conception of a unique idea to getting the patent registered can be a costly, time-consuming, and arduous affair. Therefore, it is highly advisable to be on the right track since the starting and conduct a patent search to get a clear idea of what kind of technology already exists. Undoubtedly, it will help the inventor in ensuring whether investing any further in his or her invention would prove to be fruitful in the long run or not. Furthermore, it is also imperative to make sure that your innovation is not infringing upon any already existing IP.

AVOID EXPENSIVE INVESTMENT DECISIONS

Without any second thoughts, filing a patent application, at the beginning itself, costs a lot more than conducting an adequate patent search beforehand. Going ahead with filing the patent application without knowing whether your invention meets the patentability criteria or not - makes no business sense at all. The consequences can be harsh in the long run, due to which, the inventors must analyze the results of the patent search before it is too late.

IMPROVE THE PATENT APPLICATION

By becoming a lot more familiar with the literature available in the field of inventions and innovations, the inventors can use the knowledge to their advantage and further implement strategies to draft the patent application. It will help the inventors by increasing the chances of getting the patent registered and also make the invention "litigation-proof" in the future.

GAIN A COMPETITIVE EDGE

One of the most intriguing benefits of conducting a patent search is investigating the already existing patents and the pending patent applications. By doing the same, inventors can gain useful insights into their competitors' corporate strategies and offerings and then accordingly make the business decisions. Technology maps, created as per the data obtained via the patent search, are specifically useful in this sense as they provide a precise visualization of the R&D expenditure and diversification of the competitors.

FINAL THOUGHTS

It is quite evident now that patent search has a significant role to play in the IP Protection puzzle. Despite the initial investment made, an inventor can save quite a lot of headaches down the road. Moreover, even if the inventor is an expert in this field and believes that his or her invention is unique and original in all aspects, there are still any great ideas that have been disclosed in patents and are not yet known to most of the people around the world.

Ref- https://www.kashishworld.com/blog/the-importance-of-patent-search-before-filing-the-patent-application/

Importance of Trademark Registration in India

In the present highly competitive economy, it is imperative for business firms, organizations, conglomerates, and startups to know and understand the importance of Trademark Registration for flourishing their businesses. A trademark is an exclusive form of Intellectual Property (IP) that makes a distinction between the products or services of a specific manufacturer, business owner, or trade person from those of the others. The primary goal of a trademark is to safeguard the interests of not only the owners or traders but also the consumers. A trademark helps in marketing and promoting the products and services and provides information about their quality. It also enables an enterprise or organization to acquire the Trademark Rights to utilize, sell, or distribute a registered mark. With trademark registration, you can enjoy all such benefits and make your potential customers identify your brand with the Registered Trademark of its name or logo.

In India, The Trademark Act of 1999 presents a legal basis for governing and dealing with the mechanism of trademark registration and Trademark Protection. Trademark registration is classified into several different categories based on the nature of the business and activities they manage or operate. There are 45 different classes corresponding to various types of products and services. The process of trademark registration is governed by the Controller General of Patents, Designs, and Trademarks along with the Ministry of Commerce and Industry and the Government of India. They keep track of every registered trademark and maintain a registry for every type of product and service. The trademark registration term is ten years in India, which is renewable every ten years.

Significant Aspects of Trademark Registration in India

1. With trademark registration, a label, brand, or business can manage to gain an extreme amount of exclusivity. Also, the customers and target audience shall uniquely identify your products and services and differentiate them from those offered by your competitors in the market.
2. When a trademark exists for a brand or business, the value of its products and services - increases exceptionally and automatically. Additionally, it becomes comparatively easier to advertise, promote, or market a brand with its corresponding registered trademark. Last but not least, as the most profitable aspect, a trademark holds immense potential for enhancing the product's overall market value.
3. For having a competitive edge and advantage over your potential rivals, it is essential to go ahead with getting your trademark registered. As a crucial business element, a trademark adds to the value of the brand and increases brand awareness.
4. It is integral for a company or organization to protect the brand's entity or name by getting the trademark registered and displaying ownership of trademark rights. With trademark registration, the owner shall own the exclusive rights to utilize, sell, distribute, license, or alter that product in any manner.
5. On being successfully registered, trademark protection can last up to a lifetime, with the renewal term being once in every ten years.
6. When it comes to communication, a trademark is indeed the best tool as it gives unique and relevant information about a company's products and services, and portrays a positive reputation.
7. A registered trademark offers ease to online users by helping them in distinguishing between a large number of products and services and finding the most relevant one for themselves. Many search engines, like Google, and social media platforms like Facebook and Instagram, are capable of identifying the trademarked products quickly within a few clicks. Consequently, there is a higher degree of brand reputation for a business on the Internet as well.
8. The owner of the registered trademark is entitled to initiate legal proceedings, file a lawsuit against the violators, and even demand monetary damages or compensation if under any circumstances his trademark rights are infringed.

 Ref- https://www.kashishworld.com/blog/importance-of-trademark-registration-in-india/

How Copyright Infringement Takes Place on the Internet

Copyright Infringement Takes Place on the Internet

One can never deny the fact that the Internet is indeed one of man's profound inventions and innovations of the millennium. The Internet refers to the global network of interconnected computers and networks, which is accessible at a negligible cost, and to almost every other person on the planet. While being the quickest source of information, the Internet, however, is both a boon and bane. Copyright owners across the globe often refer to the Internet as a curse more than a blessing. The reason behind the same lies in the fact that the Internet is the most predominant threat to their corresponding Intellectual Property Rights (IPRs) associated with a Copyright. Let's first make ourselves familiar with why the Internet poses a threat to the unique creations of the Copyright holders by considering the points specified below:

1. The Internet is accessible to any person and at any time without considerable impediments.
2. It offers a platform for wide dispersion and distribution of information quickly within a few clicks.
3. The cost associated with distribution is almost next to nil.
4. The original creation and its replica or copies aren’t easy to distinguish.

The widespread usage of the Internet has given rise to various legal disputes and lawsuits concerning copyright infringement. As the infringement takes place in the digital networks, the courts and legal authorities often face difficulties while analyzing the issues and coming to a decision. Moreover, copyright infringement not only includes information but also extends to movies, photos, pictures, videos, audio-visuals, and other multimedia. Such material can easily be uploaded and downloaded as well, with no efforts required at all.

INFRINGEMENT OF COPYRIGHT ON THE INTERNET

Copyright Infringement on the Internet has nowadays become more prevalent than ever before. Due to its characteristics, the Internet is undoubtedly a threat to copyright owners. The peculiar feature of copyright infringement on the Internet is the point that it is arduous to determine whether a work is a copy of the original creation or not. On the other hand, making a distinction in the tangible medium is a completely hassle-free process. It is imperative to make a point of the fact that infringement may not always be intentional; it can be due to ignorance as well.
On the Internet, possible copyright infringement can take in several forms. Let us discuss each of these different avatars one by one.

1. FRAMING - It refers to the process in which a website is allowed to include the contents from another independent website in its frame such that the framing website appears as the original one. In framing, every frame functions independently, due to which, the information downloaded in one frame stays inside it without overlapping with any other frame. Consequently, the users remain at the framing website and view its content by staying unaware of the fact that the content comes from another framed website.
2. LINKING - Linking refers to the process of connecting the users from the original website to a linked website. The user is given access to the linked website on the original website itself with no need of typing the URL separately. For research purposes, linking proves to be beneficial to the users; however, it gives rise to several different legal issues.
3. CACHING - Caching refers to the process in which a material is copied from its source to cache (space of temporary storage). The material shall be available to the users for a temporary period. Caching can be executed in several ways, for instance - copying a document displayed on the computer screen while accessing the web.
   
4. PUBLIC DISPLAY OF RIGHT IN POSTING OR UPLOADING

When any creative work is published or uploaded on the Internet, there is no restriction on its viewing. Hence, when copyrighted material is posted without authorization, it becomes an issue of infringement. Although the courts and legal authorities haven't given any straightforward formula to arrive at such a conclusion, they still have delivered mixed responses and decisions as per the facts of each case.

5. ARCHIVING

It refers to the process of downloading and storing the content or material of one website and incorporating the same in another. Archiving - without taking the legal permission from the owner may amount to infringement.

 Ref- https://www.kashishworld.com/blog/how-copyright-infringement-takes-place-on-the-internet/

Importance of Trademark Registration in India

In the present highly competitive economy, it is imperative for business firms, organizations, conglomerates, and startups to know and understand the importance of Trademark Registration for flourishing their businesses. A trademark is an exclusive form of Intellectual Property (IP) that makes a distinction between the products or services of a specific manufacturer, business owner, or trade person from those of the others. The primary goal of a trademark is to safeguard the interests of not only the owners or traders but also the consumers. A trademark helps in marketing and promoting the products and services and provides information about their quality. It also enables an enterprise or organization to acquire the Trademark Rights to utilize, sell, or distribute a registered mark. With trademark registration, you can enjoy all such benefits and make your potential customers identify your brand with the Registered Trademark of its name or logo.

In India, The Trademark Act of 1999 presents a legal basis for governing and dealing with the mechanism of trademark registration and Trademark Protection. Trademark registration is classified into several different categories based on the nature of the business and activities they manage or operate. There are 45 different classes corresponding to various types of products and services. The process of trademark registration is governed by the Controller General of Patents, Designs, and Trademarks along with the Ministry of Commerce and Industry and the Government of India. They keep track of every registered trademark and maintain a registry for every type of product and service. The trademark registration term is ten years in India, which is renewable every ten years.

Significant Aspects of Trademark Registration in India

1. With trademark registration, a label, brand, or business can manage to gain an extreme amount of exclusivity. Also, the customers and target audience shall uniquely identify your products and services and differentiate them from those offered by your competitors in the market.
2. When a trademark exists for a brand or business, the value of its products and services - increases exceptionally and automatically. Additionally, it becomes comparatively easier to advertise, promote, or market a brand with its corresponding registered trademark. Last but not least, as the most profitable aspect, a trademark holds immense potential for enhancing the product's overall market value.
3. For having a competitive edge and advantage over your potential rivals, it is essential to go ahead with getting your trademark registered. As a crucial business element, a trademark adds to the value of the brand and increases brand awareness.
4. It is integral for a company or organization to protect the brand's entity or name by getting the trademark registered and displaying ownership of trademark rights. With trademark registration, the owner shall own the exclusive rights to utilize, sell, distribute, license, or alter that product in any manner.
5. On being successfully registered, trademark protection can last up to a lifetime, with the renewal term being once in every ten years.
6. When it comes to communication, a trademark is indeed the best tool as it gives unique and relevant information about a company's products and services, and portrays a positive reputation.
7. A registered trademark offers ease to online users by helping them in distinguishing between a large number of products and services and finding the most relevant one for themselves. Many search engines, like Google, and social media platforms like Facebook and Instagram, are capable of identifying the trademarked products quickly within a few clicks. Consequently, there is a higher degree of brand reputation for a business on the Internet as well.
8. The owner of the registered trademark is entitled to initiate legal proceedings, file a lawsuit against the violators, and even demand monetary damages or compensation if under any circumstances his trademark rights are infringed.
   
   Ref- https://www.kashishworld.com/blog/importance-of-trademark-registration-in-india/

Protecting Ideas and Innovations Using Three Types of Intellectual Property (IP)

For protecting an idea so that someone else can't steal it, it is essential to secure one or more of the different forms of Intellectual Property (IP). Quite often, every invention begins as its owner's trade secret. Hence, there is a need to go ahead with Trademark Registration, Patent Protection, or Copyright Registration and have Intellectual Property Protection in hand before marketing the innovations or inventions. Most of the people around the world are not aware of the fact or haven't yet fully realized that they can protect their innovations using various forms of IP. Let us consider an example to have a better understanding of this concept. The brand 'Coca-Cola' is a trademark; its recipe is a trade secret; Copyright Protection is there on its packaging art, and its bottle or Can are protected by both a design patent and trademark in the form of trade dress. In the same manner, your unique product or invention can also seek protection by more than one type of IP. It is imperative to parse out which aspects of your innovation are suitable for Trademark Protection, patent protection, and copyright protection, respectively.

TRADEMARK

Safeguarding a brand's name deserves the utmost importance as one would never want to invest time and money at a later stage after finding out that someone else is already using his or her registered mark. A trademark is a name, symbol, or sign associated with a product or service and is known to protect a brand. To be specific, a trademark is anything that helps the customers in identifying a product or its source. Moreover, other things like color, sound, or smell can serve as a trademark too. The most common types of trademark include logos, watermarks, and slogans. If you are planning to go ahead with trademark registration, start by protecting the wordmark first and then seek trademark protection for the other aspects of your product as a part of your overall marketing and business strategy.  Besides, it is highly advisable to conduct a thorough search before filing a Trademark Application and ensure that nobody else is using a similar mark.

COPYRIGHT

Almost every product can seek copyright protection for at least one of its aspects. For instance - the images or words on the product's packaging, its label, and the product itself; can all be protected with a copyright. A few advantages of copyright registration include that the process is inexpensive, and the copyright is comparatively easier to secure. Copyright protection extends to the original and creative works of authorship that are fixed in a tangible medium of expression. It implies that creative or innovative works have been either written or drawn on paper, saved on an electronic storage device, or preserved in some other tangible format.
A few examples of copyrightable works include videos, articles, movies, books, software, and photos. Copyright protection doesn't extend to ideas or useful items, which fall under patent protection. It is a matter of fact that yes - software is a functional item, yet it can get copyright protection due to the creativity involved in the entire process of selecting, ordering, and arranging multiple pieces of code in the software.

PATENT

A patent offers an owner or inventor the exclusive rights to his or her invention and excludes others from using, selling, manufacturing, distributing, or licensing the product until the term of patent protection. Generally, a patent is defined using three attributes, namely, newness, non-obviousness, and usefulness. Patent protection helps in establishing a healthy market position as your new idea or invention can prove to a great differentiator among your business competitors. Also, you can commercialize the concept to earn higher returns on your investment. An interesting thing about receiving a patent is that even if you don't have enough time to exploit your invention, you can still license or sell it for generating a new income stream. Without patent protection, the world economy shall become a place of less creativity, innovation, and discovery.

Ref- https://www.kashishworld.com/blog/protecting-ideas-and-innovations-using-three-types-of-intellectual-property-ip/