Twitter Takes Down Image Tweeted By President Trump Over Copyright Claim

The widely known American microblogging and social networking service, Twitter, has quite recently taken down an image shared by the US President Donald Trump from its platform after receiving a complaint of Copyright Infringement from The New York Times (an American newspaper based in the New York City with worldwide readership and influence).

The original tweet by President Trump shared on 30th June 2020, showed a meme with caption – In reality, they are not after me, they are after you, I am just in the way – along with Trump’s image in the background. The background picture was taken by a photographer at The New York Times, to accompany a feature article in September 2015 on then-presidential candidate Trump.

In place of the tweet, Twitter now displays the message that this image has been removed in response to a report from the copyright owner. This step by the well known social media platform, Twitter, is the latest instance of content posted by President Trump, which is, in turn, being removed or flagged, due to what Twitter believes is copyright infringement, violation of its policies, rules, and regulations, on threatening violence, amongst many others. Twitter removed the image shared after it received a complaint from The New York Times concerning the Digital Millennium Copyright Act (DMCA). As per a notice posted on the Lumen Database, The New York Times owns the rights to the image in question. The database efficiently collects and evaluates the legal requests and complaints corresponding to the removal of online materials.

It was in May this year that Twitter began challenging Trump’s tweets and has clashed with him repeatedly since then. The president, on the other hand, has threatened the platform to change its laws after it labeled one of his tweets as inappropriate and hid a tweet about looting, which according to Twitter, fomented violence.

Due to copyright complaints, social media platforms, including Twitter, Instagram, and Facebook, also recently disabled a campaign tribute video to George Floyd, a Black man who died in Minneapolis police custody. For more visit: https://www.trademarkmaldives.com

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No More ‘Fair & Lovely’ – HUL Seeks Trademark Registration for ‘Glow & Lovely’

Hindustan Unilever Limited (HUL) might soon greet all its customers with ‘Glow & Lovely’ from its shelves. The FMCJ major has decided to drop the word ‘Fair’ from its widely known fairness cream ‘Fair & Lovely’ and is now seeking the Trademark Registration for the new name ‘Glow & Lovely.’

Although HUL (the Indian subsidiary (headquartered in Mumbai) of Unilever PLC, which is a British-Dutch multinational company) hasn’t yet disclosed the new name for its ‘Fair & Lovely’ brand; however, the company, on 17th June 2020, did approach the Controller General of Patents, Designs, and Trademarks to get the name ‘Glow & Lovely’ registered. As per various recent reports, the company’s Trademark Application, at present, has been sent for Vienna Codification, which helps to classify the figurative elements forming a part of the proposed trademark.

A spokesperson for HUL mentioned in a recent statement that Trademark Protection is a significant aspect for every other brand out there, and considering the same, the company has indeed applied for several trademarks. According to the spokesperson, some of the trademark applications have received the registration while some are pending. The company is looking forward to registering other brand names as well; however, at the same time, it also wants to manage the unveiling of the new brand name carefully. By doing the same, the company wishes to make sure that the market doesn’t become full of counterfeit and unsafe products.

In 2018 as well, HUL had applied for a trademark under the name ‘Glow & Lovely;’ it was, however, rejected.

In the “Goods and Service Description” in its recent trademark application, HUL has specified that the intended use of ‘Glow and Lovely’ will revolve around oils, soaps, lotions, creams, facial masks, beauty packs, to name a few. It will also cover shaving preparations, skincare preparations, pre-shave, and aftershave preparations, depilatory preparations, cologne, and sun tanning and sun protection preparations.

HUL has recently mentioned that it will remove the word ‘Fair’ from its widely known ‘Fair & Lovely’ brand as part of its parent Unilever’s global rebranding exercise. Although the move has come at a time where there are massive voices against racial stereotyping; however, HUL has insisted that its step has nothing do with the ongoing anti-racism movement in West. According to HUL, it has been efficiently working on the global evolution of the Rs 2000-crore brand for many years. The company has also mentioned that its other skincare portfolio shall adopt a holistic vision towards beauty, too, by celebrating all skin colors and caring for everyone. For more visit: https://www.trademarkmaldives.com

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ProStar Wins Patent for Method that Prevents Damages while Excavating

ProStar, a Grand Junction-based company specializing in the development of precision mapping solutions, has quite recently received a patent for its computer-implemented method, which avoids damages in an excavation area. To be specific, the company has successfully secured a patent for a method, which helps significantly in preventing damages to the environment and utilities during maintenance, construction, and groundbreaking activities along with the damages caused by severe conditions, such as earthquakes, fires, and weather.

The Chief Executive Officer and President of ProStar, Page Tucker, is the co-inventor of the newly-granted patent. In a recent statement delivered, he said that the company is indeed pleased to add another exclusive patent to its Intellectual Property (IP) portfolio. He further mentioned that ProStar’s mobile and cloud precision mapping solutions are recognized as the world’s most advanced utility mapping solutions, and the issuance of another patent in this scenario proves the fact that the company is leading the industry across the globe in terms of research, development, and innovation.

Raymond Tabandeh, who is a partner with the Lewis Roca Rothgerber Christie law firm (specializing in providing an enhanced and expanded range of services in IP, litigation, business transactions, to name a few), prepared and prosecuted ProStar’s newly granted patent. Quite recently, he stated that it is always gratifying to play a crucial role in the issuance of a patent for a client. He further said that the damages to buried utilities during excavation lead to a critical problem in both the United States and Canada, and in every other scenario where excavation is involved – the damage is primarily caused by the lack of availability of qualified data. According to Tabandeh, ProStar’s newly granted patent efficiently addresses all these concerns and issues.

ProStar combines mobile and cloud technologies with patented processes for creating geospatial intelligence software, which helps the government agencies, companies, and organizations in managing underground infrastructure. For more visit: https://www.trademarkmaldives.com

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Arcadia Wins Foundational Australian Patent for Herbicide Tolerance in Wheat

The Australian Patent Office has quite recently granted a foundational patent covering herbicide tolerance in wheat to Arcadia Biosciences Inc., a consumer-driven agricultural technology company, headquartered in Davis, California. The company focuses on the development of traits for enhancing the nutritional value and quality of crops and food ingredients.

In a recent statement delivered, the company has mentioned that the newly granted patent provides Intellectual Property (IP) protection for mutations to the wheat genome that make it herbicide-tolerant. Furthermore, Arcadia has stated that it has also received a US Notice of Allowance from the US Patent and Trademark Office (USPTO) for the same technology.

All these announcements make both the United States and Australia the first major wheat-producing countries across the globe to approve the patents. According to Arcadia, additional Patent Applications are at present pending in several other prime markets worldwide.

The Chief Technology Officer at Arcadia Biosciences, Randy Shultz, has said that this patented technology shall serve as the foundation for innovations and inventions in herbicide tolerance in wheat in the coming future. He has further mentioned that with the help of additional research, this patented technology can even develop an exceedingly efficient hybrid wheat production system, which shall transform the entire wheat industry.

Currently, Arcadia is seeking potential licensing partners for its herbicide-tolerant wheat technology.

The Chief Commercial Officer at Arcadia, Sarah Reiter, has stated that this patented technology can indeed prove to an essential tool in the hybrid breeding toolkit for the right wheat innovators and inventors out there.

The USPTO has granted four patents to Arcadia earlier this year. Two of those patents correspond to extending the shelf life of whole wheat by reducing the oxidative and hydrolytic rancidity. Besides, the company has also received notices of allowance for two other patents that extend the earlier mentioned claims corresponding to the extended shelf life of wheat and reduced gluten grains. For more visit: https://www.trademarkmaldives.com

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Digimedia Tech LLC Sues Nikon Alleging Patent Infringement

Digimedia Tech LLC has quite recently filed a Patent Infringement lawsuit against Nikon Americas Inc. and Nikon Inc. by alleging that they have appropriated three of the company’s patents concerning digital camera technology. The patent infringement lawsuit is filed in the Eastern District of New York before Nicholas G. Garaufis (judge). Digimedia Tech is represented by Kent & Risley (a specialty litigation firm dealing with Intellectual Property (IP) and complicated civil cases).

The patents specified in the lawsuit filed are as follows:

  • US Patent No. 6,914,635 (the ‘635 patent), titled – Microminiature Zoom System for Digital Camera
  • US Patent Nos. 6,545,706 (the ‘706 patent) and 7,715,476 (the ‘476 patent), both titled – System, Method, and Article of Manufacture for Tracking a Head of a Camera-Generated Image of a Person

As per the patent infringement lawsuit filed, the claims of the US Patent No. 6,914,635 (the ‘635 patent) are directed towards the technical solutions for the technical problem corresponding to providing autofocus, zoom, and several other features in the exceedingly compact digital cameras. Another feature claimed by the said patent is image stabilization. The claims of the US Patent Nos. 6,545,706 (the ‘706 patent) and 7,715,476 (the ‘476 patent) are directed towards the technical solutions for the technical problem corresponding to identifying a head in an image.

According to Digimedia Tech, Nikon’s Coolpix P900RM and A1000 digital cameras have infringed upon the patents mentioned above. Among multiple other things and aspects, the A1000 camera has allegedly appropriated the US Patent No. 6,914,635 (the ‘635 patent) by making use of a similar Micro-Electromechanical System (MEMS) support mechanism for offering minimum two positions of movement to a supporting element. Nikon’s Coolpix P900RM has allegedly infringed upon the US Patent Nos. 6,545,706 (the ‘706 patent) and 7,715,476 (the ‘476 patent) as it features a system to process the images for identifying a head portion of a subject in them and a computer program for tracking the head portion of a person in video images.

As a consequence of Nikon’s alleged patent infringement, Digimedia Tech is now looking forward to seeking an award for damages, which according to the company, cannot be less than a reasonable royalty. For more visit: https://www.trademarkmaldives.com

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Understanding the Importance of Trademarks for Small Businesses

Unless you own a Registered Trademark, your idea, concept, and unique branding can freely be stolen by your competitors in the present fast-paced society, which is indeed something you would never want to happen. After you spend all the time, effort, and money on your unique and creative branding, it becomes convenient for other businesses to copy what initially belongs to you. Therefore, without any second thoughts, small businesses do need to have a registered trademark like any other type and size of business out there.

Small businesses and startups with tight profit margins quite often overlook the utmost importance of protecting their most valuable asset, i.e., trademarks. Small business owners must know and understand well the following aspects:

  1. What is a trademark?
  2. Why is trademark a valuable form of Intellectual Property (IP)?
  3. What is the difference between a registered and unregistered trademark?
  4. Why is there a need to go ahead with Trademark Registration?

What exactly is a Trademark?

A trademark refers to any word, phrase, symbol, logo, or their combination that enables the customers in the market to know about the source of a product or service. A trademark is a company, product, or brand name. For instance, Coca Cola is a widely known trademark for cola products.

Trademarks are different from a patent and copyright, which are the other exclusive forms of IP.  When it comes to copyright, it prevents the artistic and creative works, like music recordings, novels, etc. from being used, copied, stolen, or distributed without the permission of the owner.  A patent protects the novel, useful, and non-obvious inventions, like a hybrid engine, a new microprocessor, etc. from being used by the competitors.

There are undoubtedly many good reasons explaining why every small business needs to have a registered trademark; let’s have a look at them:

  1. Official Trademark Registration

Keeping aside the size and type of your business, you need to make sure that you have a registered trademark in place for your small business, which shall help you significantly in preventing and facing critical issues in the future. It is a matter of fact that yes – trademark litigation lawsuits are both complicated and expensive, which can further deplete resources, effort, and time. Hence, if you are not willing to go through the hassle and stress down the road, you need to start considering the scope of getting a registered trademark for your small business.

  1. Brand Identity Protection

If you wish to protect your brand identity, you must own a trademark for your small business as you can then use the same on any concept or packaging solely or exclusively that you create for your brand. Following are a few points explaining the benefits of having a registered trademark for brand identity protection:

  • A trademark helps a business in gaining instant brand recognition.
  • A trademark becomes the core foundation and image of a business.
  • A trademark offers a massive degree of protection against reputation-damaging copycats.
  • A trademark stops the arch-competitors from making unauthorized use of a brand’s identity.
  1. Trademark Designation

The registered trademark designation helps in notifying the other businesses out there about the Trademark Rights associated with a small business’ brand name, logo, or symbol. If you own a small business and have a registered trademark for the same, it implies that your competitors can’t steal your brand identity, which is a result of your sheer hard work and brand building. For more visit: https://www.trademarkmaldives.com

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Huawei Files Trademark Application for Mate Watch Brand

Despite all the ongoing issues at hand, the Chinese Multinational Technology Company, Huawei, doesn’t seem to stop at all. The company refuses to give up at no cost and has efficiently begun its preparations to expand the Huawei Mate lineup with a brand new category of devices.

The Chinese tech giant has quite recently filed a Trademark Application for a new smartwatch known as “Mate Watch.” The trademark is filed under the international trademark classification 9, which includes PCs and various other electronic gadgets. The trademark application is found in the database of authority for registration of trademarks. At present, the Huawei Mate line consists of flagship smartphones, laptops, and tablets.

This year in January, Huawei also successfully registered the MatePod brand, under which the company can effectively begin its production of wireless headphones. As per various reports and speculations, the Chinese tech giant is very much likely to release its new smartwatches under the Huawei Mate Watch brand name. However, it is still not evident as to how the Huawei Mate Watch shall be different from the Watch GT series’ devices. Many experts believe that it may either be a completely new flagship watch series or a simplified continuation of the Watch GT series.

Last year in April, the company came up with the brand new version of the Watch GT2e in the market; however, its top model, Watch GT 2, was released at a later stage in October 2019 in two different sizes – 42mm and 46mm. Therefore, the upcoming smartwatch has only two aspects associated with it – it will be an entirely new, premium device, which will, in turn, either complement the current versions or replace the already existing Watch GT series.

As of now, Huawei has not officially put forward any comments on this matter. Hence, any specific details of the upcoming smartwatch are way too scarce at the moment. It may be possible that the Chinese tech giant has registered its proposed name “Mate Watch” as a trademark only to prevent the other brands in the market from using the same. Besides, it is very much likely for the new Mate smartwatch to make its debut alongside Huawei’s upcoming Mate 40 series later this year. For more visit: https://www.trademarkmaldives.com

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Understanding the Crucial Role of Intellectual Property in E-Commerce

In E-Commerce, Intellectual Property (IP), is indeed the most neglected yet the highest value bearing component. The real reason behind the same lies in the fact that the crucial role of IP in E-Commerce is either less understood or not apparent.

The Intellectual Property Laws and practices protect the unique works and creations of the owners from unauthorized use and unfair competition. Therefore, it would be wise enough to admit the fact that IP is an asset with worth way more than the tangible assets. Without adequate IP laws and practices, hard work can easily be stolen and spread around the world, that too, without paying the creator for his or her effort and labor. When it comes to E-Commerce, technical security measures are necessary to deter the less proficient thieves, and strict IP laws are necessary to handle the crimes, which may include cases of Intellectual Property Infringement.

The two primary concerns that should be there in your mind if your business operates in the E-Commerce industry are as follows:

  1. Protecting your IP Assets

A pretty common mistake is disclosing your unique creations and innovations before completing the entire registration process (be it Trademark Registration, Patent Registration, and so on) to obtain protection for them. Hence, it is always highly advisable to consult a legal advisor or get in touch with an Intellectual Property Law Firm before disclosing anything corresponding to your unique assets.

  1. Not Infringing Upon Someone Else’s IP Assets

Your E-Commerce platform must be having a lot of product images and descriptions. In this scenario, you must own all the legal rights corresponding to publishing those images and descriptions. The videos, logos, icons, sound effects, clip art, and background music undoubtedly make your E-Commerce platform way more engaging and visually attractive; however, once again, you must have all the concerned legal rights for using them well in place.

Many people across the globe believe that every single thing available on the internet is free for use. Most of them usually get away with such IP violations as well, which, in turn, makes us believe that we can do the same too.  The truth of the situation is that when you run a small business, you might be able to fly under the radar; however, as and when your business grows, your IP violations shall become more visible. Therefore, every individual must take all the IP related issues seriously. All the E-Commerce platform owners must ensure that the content present on their website is in the public domain and covered under fair use. The owners must also have all the required permissions with them.

IP isn’t Limited to the Content Available on the E-Commerce Platform

There may be a few cases where you might think that the fake products on your platform are the headache of the supplier. However, as a retailer, even you can fall into trouble if you fail to take all the adequate measures. You must ensure that the supplier is authorized to supply in the first place, and your platform sells branded and authentic products at all times.

Performing IP Audits and Documenting Legal Agreements

E-commerce platform owners and managers must perform regular audits of all their IP assets and maintain an intellectual property portfolio consisting of website designs, descriptions of unique products, images, videos, artwork, and new processes developed for all the services, to name a few. They should also document all the non-disclosure agreements and other contracts to ensure the utmost protection of their unique works and creations. For more visit: https://www.trademarkmaldives.com

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How does Remote Working Increase the Risk of Loss of Intellectual Property Rights?

During the ongoing COVID-19 (Coronavirus) pandemic, most of the business firms, organizations, and startups across the globe are working remotely; however, this precaution may increase the risk of loss of Intellectual Property Rights (IPRs) for such companies.

As professionals and experts are nowadays making the most out of social media platforms such as Facebook and LinkedIn, and video calling tools such as Zoom and Skype – brands and businesses need to know and understand that these online tools and platforms may not cater to some of the controls that are usually incorporated in traditional in-person meetings. For instance, there may be a few unexpected participants on your Skype group video call. Moreover, a person may even record your online presentations without your knowledge.

It is a matter of fact that yes – online platforms indeed make it a lot more convenient to distribute and share business material with other employees; however, they also increase the potential risk of adverse consequences. For instance, if the details of a unique innovation are shared without restriction or posted online, then the potential Patent Rights associated with the innovation may be lost as well. In the scenario of trade secrets, once the cat is out of the bag, it can never be put inside, no matter what. It becomes exceedingly arduous to maintain the terms of confidentiality if the trade secret somehow becomes known to the public.

A few examples of trade secrets include financial information, customer lists, engineering data, manufacturing processes, chemical compositions, and recipes. As per various recent reports by the Intellectual Property (IP) experts, trade secrets having a worth of billions of dollars are stolen electronically ever year in the United States alone. Hence, without any second thoughts, it has now become more crucial to take all the required steps and mitigate such losses.

Now, there’s a dire need to make ourselves familiar with a few ways using which the business firms and organizations can stay safe and secure in the ongoing situation. One essential strategy lies in making the employees aware of all the risks involved in working remotely. Brands and businesses can proactively take a few simple measures such as creating internal policies, describing the topics appropriate for online meetings well in advance, determining and limiting the online audience, and restricting the dissemination of sensitive and confidential information, along with exploring different platforms for sharing and presenting such information. Additionally, companies can also make the most out of non-disclosure agreements for managing sensitive conversations with third-parties. They can even consider requiring registrations for their streaming presentations and asking all the participants to give their introduction at the beginning of the meeting itself so that they can conveniently identify the people in the room, including the ones off-screen. For more visit: https://www.trademarkmaldives.com

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Singaporean Daren Tang Becomes the New Director-General at WIPO

Mr. Daren Tang from Singapore has now officially become the Director-General at the World Intellectual Property Organization (WIPO). Mr. Tang, at present, is the Chief Executive at the Intellectual Property Office of Singapore (IPOS). He will now helm WIPO, which is one of the specialized agencies of the United Nations (UN) for a term of six years starting from 1st October 2020.

It is the first time in history when a person from Singapore is going to lead a UN agency. Moreover, Mr. Tang is now the first Director-General at WIPO from Asia.

The confirmation for the post of the Director-General comes after Mr. Tang had officially won the nomination for the position in Geneva by beating five other candidates.

In their joint release, the Ministry of Law and IPOS stated that with this new appointment, Mr. Tang shall now relinquish his role as the Chief Executive at the IPOS. The two bodies further said that during his time at the IPOS, Mr. Tang successfully and strategically drove the transformation of the statutory board from an IP regulator and registry to an innovative and creative agency for building the future economy of Singapore.

Dr. Stanley Lai, the Chairman of the IPOS board, and Edwin Tong, the Senior Minister of State for Law, congratulated Mr. Tang on becoming the first Singaporean to lead a UN agency as the Director-General at WIPO. They also said that it is indeed a momentous occasion for Singapore.

Mr. Tang, in his acceptance speech, talked about the global challenges faced by people in the present era, which include the deeper forces of parochialism and unilateralism. He urged the member states to respond to the same by working closely together through a mutual and global effort. He outlined his plans for WIPO by expressing the need to build a balanced, inclusive, forward-looking, and vibrant global ecosystem for Intellectual Property (IP), while paying due attention to the countries that require more assistance and guidance. He further said that there is a dire need to work well with the IP offices all around the world for supporting stakeholders, startups, enterprises, creators, and artists within countries. According to Mr. Tang, WIPO must look forward to expanding the global perspective of IP beyond the technical aspects and become a driver of economic growth, a supporter of entrepreneurs, and a promoter of social vibrancy. He also noted that WIPO should leverage its role as a professional, neutral, and global agency so that the IP offices can conveniently come up to discuss their challenges and share the best practices. He mentioned some other priorities as well for making better operational decisions at WIPO and improving the overall international registration system for Intellectual Property Protection.

In the end, he thanked the Government of Singapore, the chair of WIPO’s assembly, the chair of the coordination committee, and all the member states for their immense support, trust, and loyalty. For more visit: https://www.trademarkmaldives.com

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