What is Difference Between Copyright, Patent, Trademark, and licensing?

Intellectual Property (IP) is a vast and a bit complex term, which refers to the intangible creations of the human intellect. Artistic works, including writings and music, symbols, developed words, and phrases, scientific or non-scientific inventions and discoveries, all fall under the category of IP.  In the present highly competitive business environment, Intellectual Property Laws exist to encourage the continued creation of a diverse range of innovations and inventions by offering Intellectual Property Protection against unauthorized use and theft. However, many people across the globe often get confused and incorrectly use the terms defined in IP law. Read More

1. WHAT IS A TRADEMARK?
2. WHAT IS A PATENT?
3. WHAT IS A COPYRIGHT?
4. LICENSING OF INTELLECTUAL PROPERTY

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/

IP Rights – An Efficient Approach to Reform the Education Sector

In various emerging economies, public research institutions and universities contribute significantly towards research, development, and innovation. Furthermore, in these economies, the right set of skills and talent for innovation also emerges from educational institutes. For quite a while now, the importance of Intellectual Property Rights (IPRs) in higher education has been widely recognized and realized. The credits for the same can be given to the National IPR Policy approved by the Union Cabinet in the year 2016, which was the first-ever IPR policy framed by the Indian Government. This policy primarily focuses on promoting creativity and innovation, that too, especially amongst higher education institutions and entrepreneurs. It has specifically mentioned its beliefs for synergizing all forms of Intellectual Property Rights, agencies, and statutes for tapping the energies of creativity and innovation within the country with more emphasis on educational institutions and start-ups.

The central authority for determining and maintaining the standards of university education in India, University Grants Commission (UGC) has issued a letter stating the inclusion of IPRs under the Choice Based Credit System (CBCS) as a generic elective subject. Additionally, the National Institutional Ranking Framework (NIRF) is a ranking system adopted by the Ministry of Human Resource Development (MHRD), which ranks higher educational institutes in India. These rankings encourage the institutions to promote development, research, and innovation and access their performance beyond the aspect of academics. A crucial parameter considered while ranking the institutions is Research and Professional Practice, including IPRs and patents - both granted and published by faculty members and students having a weightage of somewhere around 15 marks. The engineering and technology institutes usually have the highest number of publications and Patent Applications. The ranking of the educational institutions is always found to be directly proportional to the number of patent applications filed. Moreover, now, there has been a significant increase in the number of research publications and patent applications, as compared to the previous years since the announcement of this ranking system for the first time in 2016.

However, the awareness of Intellectual Property Rights remains limited to higher educational institutes only, due to which, efforts must be put in to make Intellectual Property (IP) a part of the curriculum in schooling. Such initiatives will help in ensuring that IP awareness begins at an early stage in the education systems. Unfortunately, most of the people around the world have minimal awareness about the benefits they can enjoy by protecting their IP Rights. According to various reports and surveys conducted by experts, IPRs, including trade secrets, design patents, and geographical indication (GI), need more attention to get the benefits of IP rights. Therefore, the fact that IPRs have been made a part of the education curriculum is encouraging, which shall ultimately prove to be a smarter way of reforming the education sector.

Ref- https://www.kashishworld.com/blog/ip-rights-an-efficient-approach-to-reform-the-education-sector/

China to Raise Penalties on Violations of IPRs in the US-China Trade War Compromise

China has recently said in a statement that it will raise the penalties on Intellectual Property (IP) theft and the violations of Intellectual Property Rights (IPRs) in an attempt to address one of the prime issues and sticking points in trade talks with the United States. According to the guidelines issued by the government on 24th November 2019, the country shall also be looking forward to lowering the thresholds for criminal punishments for the infringers and violators who steal IP. However, the country didn't say much about what such moves might entail.

The United States wants China to stay firm about enforcing rules on IP theft and stop forcing the US companies for handing over or disclosing their commercial secrets as a condition of doing business in their country. China stated that it has the aim of reducing the frequent cases of IP violations and theft by the year 2022, and shall work towards making it easier for the victims of transgressions to receive the compensations.

Both China and the United States are working towards a partial trade deal by leaving the more controversial and complicated issues for the later discussions. The chief trade negotiator of China spoke about his plans last week corresponding to reforming the state enterprises, enforcing the IP Rights, opening up the financial sector, and various other issues, which are at the center of the demands of the US for change in the economic system of China.

According to the guidelines issued by the government of China, strengthening the protection of the IP Rights is crucial for improving and enhancing the IPR protection system in China and shall also be the biggest incentive for boosting the country's economic competitiveness. Also, the local governments shall play a significant role in strengthening the IPR Protection.
In May 2019, the United States added Huawei Technologies Co., a Chinese multinational technology company, to the entity list (the United States Bureau of Industry and Security Entity List) intending to block the US companies from selling or merchandising components to the largest technology company of China. Huawei Technologies is accused of being a threat to the national security of the United States; however, the company has denied such claims.

Xi Jinping, the President of China, said that his country wishes to work towards a phase-one trade agreement with the United States, which is, in part, based on equality. However, President Donald Trump said it doesn't sound like a deal to him, as China has already reached the ceiling in this case, and the United States has just started.

Negotiators from both China and the US are on regular talking terms for bridging the remaining differences and resolving the issues concerning the protection of IP and opening the economy of China further to the foreign countries. As an initial step of the agreement, both the countries have agreed on what tariffs each side would rollback.

Ref- https://www.kashishworld.com/blog/china-to-raise-penalties-on-violations-of-iprs-in-the-us-china-trade-war-compromise

US Supreme Court to Review Booking.com Case in Trademark Test

The US Supreme Court has recently agreed to hear the arguments over the trademark case involving an online hotel reservation service, Booking.com, and decide whether it is entitled to Trademark Protection for its name or not. Based out of Amsterdam, Booking.com began using its name globally in 2006 and filed various Trademark Applications between 2011 and 2012. The trademark dispute over the site's name began in 2016 when the US Patent and Trademark Office (USPTO) had rejected Booking.com's request to trademark its name. The USPTO said that the name Booking.com was way too generic for obtaining trademark protection.

Booking.com challenged the USPTO's decision in court, and the company prevailed in 2017 when Leonie Brinkema, the US District Court Judge in Alexandria, Virginia, said in a ruling that although the word 'Booking' is generic, adding the top-level domain '.com' qualifies it for Trademark Registration.

However, the USPTO had then appealed to the Richmond, Virginia-based 4th Circuit Court of Appeals, which also ruled in favor of Booking.com by stating a few slightly different reasons. The appellate judges said that the name Booking.com as a whole is understood by the public to refer to a particular business, and the USPTO had failed to prove that customers believe Booking.com, in general, refers to online hotel reservation services.
The USPTO then asked the US Supreme Court to review the 4th Circuit Court of Appeals' ruling and accordingly make a decision. While appealing to the Supreme Court, the USPTO said that the addition of '.com' to a generic word does not make it distinctive. On the other hand, Booking.com has asked the Supreme Court to uphold the 4th Circuit Court of Appeals' ruling and referred to itself as one of the best-known accommodation and travel services in the US.

The Circuit Court of Appeals in 2009 had ruled that the names 'Mattress.com' and 'Hotels.com' weren't entitled to trademark protection. Booking.com countered that by saying customers know the term Booking.com as a company name. It even went forward and specifically took reference from a survey, which indicated that approximately 75% of the customers recognize Booking.com as a brand and not as a generic service.

Ref- https://www.kashishworld.com/blog/us-supreme-court-to-review-booking-com-case-in-trademark-test/

Mahindra and Mahindra Receives Patent for Multimodal Solar Power System

Mahindra and Mahindra Ltd, an India-based multinational car manufacturing corporation, has recently received a new patent for its multimodal solar power system on vehicle rooftops, which shall help in utilizing solar power for various operations in a vehicle. The solar power system will support the operation of an air-conditioner and further reduce the electric load demand on the vehicle's battery.

As per the documents, the solar panels will be fixed on vehicle rooftops to act as a supplementary power source for electrical load demand while having no impact on the vehicle's aerodynamics. A sensor will support the control unit in identifying several different modes, including parked mode, running mode, and night mode, and further, take action accordingly. There will be absolutely no restriction on the type of vehicle as the solar power system will work with all types like a hybrid, combustion, or electric vehicle. Besides, with an extraordinary design, it will also operate efficiently at all times of the day.

In the running mode, the solar panel, selected as per the vehicle's requirements, charges the primary battery for reducing the load on the alternator and the power generator part - responsible for charging the battery and supplying the additional power to the electrical system of the vehicle.

In the parked mode, the solar panel charges the secondary battery of the vehicle for its night mode operation. After the batteries are fully charged, the solar power system powers the Air Conditioner (AC) and other cooling or heating accessories.

The night mode adds to an advanced feature of the solar power system, in which there is a secondary battery in the vehicle to support its electrical demands at night. The way it works is that the solar energy helps the solar power system in charging the secondary battery during the day so that it is ready for use at night, which further helps in ensuring reduced alternator load on the engine at the same time.

The solar power system helps in keeping the battery charged, which subsequently reduces the alternator load on the engine and saves a part of the power required for running the alternator to a great extent. Since at night, the vehicle uses the secondary battery charged during the day, there is a considerable decrease in the greenhouse gas emission even during the night time.

Mahindra and Mahindra, has informed the Patent Office that it hasn't filed any Patent Application concerning the same invention outside India. The company believes the concept and application that go behind utilizing the solar energy for charging different batteries or using the power for several different modes of the vehicle aren't obvious.

Ref- https://www.kashishworld.com/blog/mahindra-and-mahindra-receives-patent-for-multimodal-solar-power-system/

Bentley Motors Loses Decade-long TM Battle Against Manchester Clothing Company

Bentley Motors, a British manufacturer and marker of luxury vehicles, has recently lost a long-running trademark dispute against Manchester clothing company - Bentley Clothing, which implies that the car-giant can't anymore use the Bentley name on its clothing range in the UK. For more than 30 years, Bentley Motors has been selling men and women's clothing, including wallets, bags, purses, scarves, baseball caps, and wraps. However, a judge at the High Court in London has now ruled that Bentley Motors has violated the Trademark Rights of family-run Bentley Clothing by using the name Bentley on its own range of products.

Bentley Clothing started trading in 1962 and owns three trademarks corresponding to the word 'Bentley' registered in class 25 for use on clothing and headgear. The car firm had begun selling its clothing line in 1987 - a move described as ‘honest concurrent use’ of the trademark. The trademark dispute dates back to 1998 when Bentley Clothing had approached the Volkswagen-owned car company to license its mark to Bentley Motors. However, the luxury vehicle manufacturer countered by making attempts to cancel the clothing brand's trademarks and failed miserably. Bentley Motors' combination mark has two wings, joined by the letter 'B' at the center with the word Bentley written underneath. Bentley Clothing said in its lawsuit that the carmaker was well aware of its business and trademarks since 1998 and still started using the combination mark in 2002.

The recent decision rendered at the High Court means that even after several attempts made by Bentley Motors to cancel the Bentley Clothing's trademark rights at the Intellectual Property (IP) Office of the UK; the car-giant no longer holds the rights to use the name on its clothing range in the nation. The court said that an average customer would see the car giant's combination mark as two different trademarks used simultaneously with the dominant part of the trademark being 'Bentley.' Besides, the company will also have to restrict its future range of headgear and clothing to only caps, jackets, silk ties, and scarves.

A spokesperson for Bentley Motors said that the company is considering an appeal against the court's decision and is very disappointed as their brand is recognized internationally operating in several markets around the world. He also mentioned that the company has been selling its clothing line in the UK for more than 30 years, and there has never been any confusion with another company's trademark.

Simon Bennett of Fox Williams solicitors representing Bentley Clothing in the case said that this trademark dispute demonstrates the power of trademarks when it comes to protecting the trademark rights of even the smallest of companies against large multinational corporations.

Ref- https://www.kashishworld.com/blog/bentley-motors-loses-decade-long-tm-battle-against-manchester-clothing-company/

SPJ Florida Pro Chapter Attempts to Trademark Trump's 'Fake News' Mantra

The Florida Pro Chapter of the Society of Professional Journalists (SPJ) has filed a Trademark Application for the term 'fake news' with the US Patent and Trademark Office (USPTO). The journalists want to take the trademark ownership of 'fake news' as President Donald Trump frequently uses the term to criticize the information he doesn't like and discredit the stories.

Emily Bloch, Florida Times-Union reporter, published an essay on 21st October 2019 in Teen Vogue (a former US print magazine and current online publication) announcing that members of her local SPJ have a pending trademark application with the USPTO. She also stated that President Trump's hefty use of the term 'fake news' threatens the livelihood of healthy discourse within a democracy.

Although the journalists group has realized that their trademark application shall probably not get approved on two words that have been a part of the media lexicon for quite a while now, the application process indeed gives them a reason to send cease and desist letters to anyone who takes liberties with the definition of the term 'fake news.' Moreover, they have already sent a cease and desist order to the commander-in-chief, whom they believe uses the term on an average of more than once per day.

The cease and desist letter to Trump reads in part, "Referring to factual stories that are critical of your administration as FAKE NEWS (TM pending) is indeed Trademark Infringement." The letter also mentioned that Trump's misuse of the term ‘fake news’ has created confusion in the minds of American people and has shaken their trust in journalism, which is undoubtedly vital to their democracy. Besides, the letter allegedly stated that if Trump fails to comply with their request, they may pursue legal action. At last, The Florida Pro Chapter of the Society of Professional Journalists explained to the president that the letter, which he or his staff was receiving shouldn't be taken too seriously, as it was just a satire that is way too different than what he refers to as 'fake news.'

According to Emily Bloch, she has been harassed, ridiculed, and threatened ever since she became a journalist in the year 2016. She blames President Trump's incendiary rhetoric for fueling antipathy toward reporters and journalists.

The Florida Pro Chapter of the Society of Professional Journalists hopes that their trademark application causes the American people to consider the downside of living in a society that isn't capable of differentiating between propaganda and information. They even created a video to introduce their applied-for trademark and launched a website called 'Fake News TM' that will help the public in knowing which stories are real and which ones are not.

Ref- https://www.kashishworld.com/blog/spj-florida-pro-chapter-attempts-to-trademark-trumps-fake-news-mantra/

Geographical Indication - Overview, Importance, and Benefits

A Geographical Indication (GI) refers to a sign, name, or symbol used on products having a specific geographical origin and possessing qualities or reputation that are due to that origin itself. A GI tag represents a geographical indication. To achieve the GI tag, both the product and its quality must depend on the geographical place of production. The Geographical Indication Rights prevent all the third-parties and unauthorized users or manufacturers from using the indication in the products that do not conform to the applicable standards. For instance, the producers of Darjeeling tea can exclude the use of the term 'Darjeeling' from the tea products that are either not grown in their jurisdictions or not produced as per the standards defined in the laws of geographical indication.

However, the owner of a GI tag can't enforce the rights in preventing someone from making a product by incorporating the same techniques or procedure as set out in the standards for that specific indication. Geographical Indication Protection provides a right over the sign that constitutes the indication.
Geographical indication protection extends to a wide range of products including, but not limited to:

• Agricultural Products
• Handicrafts
• Industrial Products
• Foodstuffs
• Wine and Spirit Drinks

Why Should You Obtain Geographical Indication Protection?

Many people and associations across the globe often get confused while thinking about whether it is worthwhile to obtain GI protection or not. Some of the benefits of registering a geographical indication are as follows, which will help you in understanding its importance.

1- ENHANCES ECONOMIC GROWTH

The protection of geographical indications leads to the overall economic prosperity of the manufacturers and producers. Furthermore, the marketing and promotion of the products with the GI tags enhance the secondary economic activities in that specific region, which in turn boosts the regional economic development. Last but not least, the protection of geographical indications creates a positive image and reputation of the product in the minds of the consumers and rewards the producers with incentives and better ROI.

2- PREVENTS UNAUTHORIZED USE OF GI TAGS

The registered holder of the GI tag has all the legal rights to prevent anyone not belonging to the GI region from using their GI tags. The owners can also initiate legal proceedings against the unauthorized user to save their reputation from being damaged.

3- EXPANDS BUSINESS

The prime purpose of registering a geographical indication is to seek protection for specific products produced in a particular geographical region, which further encourages and motivates the marketers to expand their business at a global level. Furthermore, the protection of geographical indications boosts exports and helps the producers in earning well for themselves.

4- INCREASES TOURISM

The protection of GI tags builds a global reputation for the products. People around the world notice various GI products from different regions and get motivated to visit those regions and use such products. Therefore, it helps in the growth of the tourism industry of that particular region as well.

Ref- https://www.kashishworld.com/blog/geographical-indication-overview-importance-and-benefits/

How to Protect your Intellectual Property (IP) in Foreign Markets

In human history, the greatest of all inventions, social and political advancements, and maximum profit-generating endeavors have undoubtedly originated in the minds of people. They all begin at the same place, i.e., as an intangible idea. Intellectual Property (IP) is a valuable resource and asset in all aspects. From trademarks, copyrights, and trade secrets to patents, industrial designs, and geographical indications, IP is a significant distinguishing factor and a prime driver of revenue for an organization or business firm.

As a general term, IP refers to the set of intangible assets owned and legally protected by an individual or company. The IP holders can prevent unauthorized use or implementation of their unique creations. Furthermore, they can also sell or license their IP to others. In our day to day lives, IP is traded between nations, industries, and people, which further helps in the growth of the global economy. Therefore, every effort must be put in to protect the Intellectual Property Rights (IPRs) of the owners while advancing their shared accessibility simultaneously.

PROTECTING YOUR INTELLECTUAL PROPERTY OVERSEAS

For the ventures that include significant risk, like protecting the IP in foreign markets, the organizations need to craft effective strategies to reduce or transfer such risks. Below are some ways of doing business overseas and protecting your IP.

1- REGISTER TRADEMARKS/COPYRIGHTS AND APPLY FOR PATENTS

Organizations and business firms must register their relevant trademarks or copyrights and apply for patents in their target markets. However, they must familiarize themselves with the fact that every market will have different Intellectual Property Laws and procedures. For more information on the same, organizations can hire a patent or trademark attorney or get in touch with the IP Office of that particular region or market.

2- ESTABLISH CONTRACTUAL SECURITY

Organizations and companies can seek to protect their IP by using legal contracts constructed carefully. The legal contracts for Intellectual Property Protection include the following features:

1. Non-Disclosure Agreements 
2. Licenses
3. Sales Contracts
4. Employment Agreements
5. Technology Transfer Agreements
6. IP Ownership Clauses 

After forming such contracts, the organizations should engage with their business partners regularly to emphasize the crucial importance of the specified clauses and ensure that they understand what those obligations mean for both the parties.

3- IMPLEMENT SECURITY MEASURES

While getting involved in a new international venture, organizations need to boost and strengthen their security procedures, which can help to identify malicious and unauthorized activities by internal and external parties. The organizations can do so by:

1. Performing background checks on their partners
2. Restricting the access to IP to only essential contractors, parties, and supply chain partners
3. Encrypting all forms of IP transmitted electronically or digitally
4. Prohibiting unauthorized copies of IP on shared network drives or USB devices
5. Physically locking the areas of IP storage
6. ACQUIRE INSURANCE

For transferring some of their IP risks, the organizations may consider acquiring insurance. Insurance of IP protects against the enormous legal costs that an organization needs to pay if it pursues its IP claim through the court system. It can include the enforcing claims, i.e., against the infringers who violate the organization's IP and defending claims, i.e., against the organization by another individual or organization.

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/

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

Protection of Domain Names

In today's highly competitive business environment, a domain name is one of the most valuable Intellectual Property (IP) assets a company could own. It is a matter of fact that yes; the choice of a domain name in this age of well-developed information technology is an important business decision as it leads to more publicity, popularity, and profitability of businesses. So, it is essential to wisely select your domain name and protect it irrespective of the fact whether you have been using it for years or have just acquired it.

Here are a few simple tips that owners should follow to protect their domain names:

1. Pay due attention to the administrative details

While registering the domain name, the owner should make sure that he or she is listed as the registrant, i.e., the legal owner of the domain name; the administrative contact, i.e., the individual who has the rights to alter the domain record; and the technical contact, i.e., the individual who will be responsible for addressing any technical issues with the domain name.

2. Always go for a reputable registrar

Large companies and organizations usually work with corporate registrars like MarkMonitor to manage their domain names efficiently. While using a retail registrar like GoDaddy or Network Solutions, the owner should ensure that the registrar is widely-known, responsive to the customers, and has been in the business for a long time.

3. Make sure to lock your domain name

Many domain name registrars provide the facility to lock, transfer lock, or register lock the domain name to prevent it from being deleted, modified, or transferred without the owner's prior and explicit permission.

4. Consider obtaining similar domain names

Domain name holders or owners should consider registering similar or alternative top-level domain names like .org, .biz, and .net along with the domain names based on either the misspellings or the plural version. 

5. Create a strong, unique password and protect it diligently

The owners should protect their domain names from unauthorized access by using a strong and unique password. Failing to do so could let someone else access your domain name, leading to its misuse.

6. Keep track of the renewal dates

The owners must establish a procedure to ensure that they do not unintentionally forget to renew the registration of their domain names. Owners with multiple domain names can even consider consolidating the renewal dates of all their domain names to make the process well organized. Additionally, renewing the domain name for multiple years could also prove to be beneficial.

7. Be aware of domain name scammers and others with evil intentions

Nowadays, unethical registrars often try to manipulate the domain name registrants into paying unnecessary charges. Therefore, the domain owners should be cautious while responding to any such suspicious emails from parties pretending to be the registrar of their domain names.

CONCLUSION

In today's internet age, your company's domain name not only adds credibility to your business but also builds your brand’s image by increasing its awareness. Domain names also help in generating traffic to your website, which results in more customers and better sales. Therefore, they must be efficiently protected to avoid any unforeseen circumstances, which might arise, leading to disruptions in business