Samsung’s Patent Shows Its Vision for Phone with an Expandable Screen

 

Intellectual Property

Samsung, the South Korean tech giant, is in the news for several announcements, including information regarding the launch of Galaxy Note 10 and 10+, which is set to take place on 7th August, 2019, at the Unpacked event. Although the Galaxy Fold smartphone hasn’t launched yet, talks about the South Korean multinational conglomerate is planning to come up with another phone, are already in the air.

In a recently published patent documentation, the firm has proposed the design of a phone that will be available with a pull-out display. The patent got filed around the end of 2018, but approved in May and published from the Korean Intellectual Property Office on 24th June 2019.

The patent details show the phone with a smart expandable display that extends the screen’s width by nearly fifty percent. The display panel is set to open on the right-hand side. When the user opens the screen, a frame border will also get opened around the display to safeguard it. The smartphone with this design will not just provide the tablet-sized viewing experience but also keep the screen protected. The information also unveils a punch-hole camera that appears in the middle of the front display. The patent doesn’t share information about the technical aspects and functioning of the phone.

Undoubtedly, the details of the new smartphone excite the users, but as this is just a patent filing till now, it is difficult to predict when Samsung will release the exciting gadget.

There is a dire need to note that the firms frequently file patents, but it is not necessary that each ends up into the light of day. Ultimately, whether Samsung will bring a smartphone-based on this design or not, remains confusion. For more visit: https://www.trademarkmaldives.com/

Offwhite Sues Virgil Abloh Alleging Trademark Infringement

registered trademark

OffWhite Productions LLC sued Virgil Abloh’s OffWhiteTM for infringing its trademark rights. The New York-based marketing and creative agency claimed that the defendant had hijacked its brand name.

The complaint filed on Sunday in Federal Court includes claims:

  • OffWhite Productions has been operating with its registered trademark since the late ’90s, whereas Abloh launched its Milan-based mark in 2012.
  • OffWhite had maintained a website named as “offwhitedesign.com” since July 2001 and operated a Twitter account with @offwhitedesign.

OffWhite Productions also accused the defendant of continuously applying for new trademarks, encompassing a logo that is “unmistakably similar” to one of its marks.

Besides the above claims, OffWhite Productions alleged the fashion agency saying that the defendant is “steamrolling its path for years by misusing its (OffWhite Productions’) present and past senior and superior rights, and putting a legal, branding, and commercial barricade in the expansion of OffWhite Productions’ business.”

OffWhite Productions claimed that the actions of using the same brand name by Virgil Abloh are creating confusion and hampering its competitive advantage. The plaintiff continued that the advanced Search Engine Optimization (SEO) practices by OffWhiteTM to promote the infringing use of its trademark, along with its celebrity-outreach campaigns and public relations efforts; have displaced offwhitedesign.com (website) from top search results of Google.

Considering all these facts, OffWhite Productions formulated a set of claims including federal trademark infringement, common trademark dilution, and unfair competition. It is also looking forward to seeking monetary damages and stop OffWhiteTM from using any such logo or mark to prevent confusion in the consumer market. For more visit: https://www.trademarkmaldives.com/

IBM Patents a Smartwatch that Transforms Into a Tablet

Patent Application

The famous tech giant IBM has acquired a patent for its foldable smartwatch that transforms into a smartphone or an eight-panel tablet. The Patent Application includes a concept that appears implausible today but could become real in the upcoming years due to continuous advancements in display technology.

The company filed the patent application with the title “Variable display size for an electronic display device” three years ago in 2016 but obtained the grant in the mid of June 2019.

The patent showcases a rectangular shaped watch having a thick case under the display. The thickness is because the case consists of a slot including seven more display panels. Users will be able to open and use as many display panels as they want, say one, two, or all eight. Since each display panel is of 3-inches by 2-inches size, opening the whole device results in a tablet having a screen measuring 12-inches by 8-inches. By opening four panels, the user can transform his smartwatch into a smartphone with the proper reform in UI (user-interface).

The smartwatch includes many other considerable features. Some of them are as follows:

  • At least one speaker.
  • Minimal seams on display.
  • Ability to work with a physical keyboard and an optional mouse.

According to IBM, the concept is to make the screen more abundant by employing a set of slides that create a storage slot within the case. The case is capable of recognizing the display size when the users open up additional panels. However, the main emphasis of the concept is to expand the watch display to tablet size, but IBM also focuses on helping people to increase watch display to smartphone mode.

At present, IBM is focusing on quantum computing, consulting, and artificial intelligence (AI) rather than the foldable smart gadget. Moreover, the concept seems implausible today but could be possible with display technology advancements. Hence, no one can predict when the giant will pull such a smart device out of its technological hat. For more visit: https://www.trademarkmaldives.com/

Prime Inc. files a case against Amazon alleging Trademark Infringement

trademark infringement

Prime Inc. filed a trademark infringement case against Amazon in the US Federal Court situated in Missouri’s Western District. Located in Springfield, Missouri, the trucking troop claimed that the e-commerce giant is creating confusion by using the word prime on its shipping trucks.

In the application, Prime Inc. contends that it suffered a lot due to the past and present unfair competition and trademark infringement by Amazon, thus entitled to get more than three times of its profits or losses.

Prime Inc. further alleged that it informed Amazon regarding the unlawful infringement two years ago, through written notifications and proceedings at Trademark Trial and Appeal Board. It added that Amazon still continued to use one or other accused marks on its shipping trucks and moving trailers in commerce. The plaintiff also asserted that the trademark infringement by Amazon is wilful, malicious, and intentional.

In short, Amazon continued exercising unfair competition and infringing rights of Prime Inc.

Some tried to explain that the two prime words are quite different. Clarifying the facts, they said that the prime in Amazon includes small-case letters, and in the case of Prime Inc., it consists of upper-case letters.  However, Prime Inc. was still not satisfied and responded that when compared with each other; both the words appear identical in looks, commercial impression, and meaning.

Reports by the US Patent and Trademark Office (USPTO) revealed that prime is the dominant word in the markings of the two companies and thus, holds more weight than other differences. The applicant claimed that since Prime Inc. and Amazon deal in similar transportation channels, customers might confuse and associate transportation, trucking, and shipping services under the logo of the applicant with Amazon. It continued that the misconception that Amazon’s services are associated with Prime Inc., at the point of sale and after, leads to its loss. For more visit: https://www.trademarkmaldives.com/

Stringent Laws, Collective Application Vital to Protect IPR: CJI Dipak Misra

Intellectual Property

Former CJI (Chief Justice of India), Dipak Misra said that the business corporations in the current global economy focus on staying competitive by deeply managing Intellectual Property (IP). That is why; stringent laws and their collective enforcements are imperative for the security of Intellectual Property Rights in India.

Misra at a conference held in New Delhi delivered a speech on intellectual property through collective enforcement. In his speech on this topic, the justice emphasized that though the proprietary knowledge and possessions of mind are attaining recognition over centuries, IP gained importance in the present framework due to incessant advancements in trade and technology.

Continued speaking at the conference, Justice Misra added that the significance of intangible goods is increasing at a rapid pace, thus forcing businesses to create and manage IP conceptions as their keys for achieving competitive advantages and improved performances.

Continuing further, he came up with the following information:

In India, the ancient times were facilitated with the ideology that knowledge sharing is better than all other kinds of giving. However, today, IP is what acts as the planned alliances of growth in socio-economic and technology. It is the basic context of sustenance in the existing economically competitive era.

In the view to promote inventions, it is necessary to consider Intellectual Property Rights. Undoubtedly, the legislative system is not just in force but also in accord with a framework of developing countries but that’s not sufficient. Since India is moving ahead in the form of a developing nation, some other stringent laws are required.

Our country is advancing to such level of development that we need to have control, have a safeguard, and provide protection to those who are creating and inventing or actively involved in innovation.

Dipak Misra known as a former CJI was born on October 3rd, 1953. Being the 45th Chief Justice of India, he served the nation from 28th August 2017 to 2nd October 2018. He is also identified as the nephew of Justice Ranganath Misra who served the nation as the 21st CJI from 1990 – 91. For more visit: https://www.trademarkmaldives.com/

American Businesses want reforms in Indian policies on IPRs & e-commerce

intellectual property rights

An advocacy group at Washington-based USISPF (US-India Strategic Partnership Forum) thrown light on the American companies’ desire for the participation of new Indian government i.e., BJP (Bharatiya Janata Party) in bold reforms in several areas encapsulating data localisation, intellectual property rights, e-commerce, land & labour laws and policies.

USISPF which had been established with an intention to uplift the commercial and economic status of nations functions to develop and maintain robust relationships amidst two countries by providing suggestions to drive employment-creation, entrepreneurship, economic growth, and more.

Mukesh Aghi who is the President of USISPF while communicating with administrators from different Departments and Ministries encompassing Commerce and other Industry revealed that they are working on a document emphasizing the changes and reforms American businesses want in some Indian policies. He added that they will hand over the modified document to the government of India.

Policy Changes

Earlier 2019, e-commerce policies in India underwent a revision that discontinued firms with foreign investments to vend products of businesses in which they put the equity. This alteration had shaken the professional life of many foreign investors, for example – US-based Company ‘Walmart’ that had acquired Flipkart, an e-commerce company based in India by investing $26 billion. As the abrupt alterations impacted the investments immensely, the GOI (Government of India) ought to gain investors’ trust.

Apart from e-commerce, US companies wanted the Indian government to work upon data localisation policies that banned transferring and storing customer-related information out of the country. Aghi continued that American businesses are interested to both invest and bring technology in India but for that, they want reforms in land and labour laws that often hinder operations.

IPR laws

US companies demanded modifications in laws related to Intellectual Property Rights (IPR) also. The two alterations they want in relation to IPR include granting more security to patent holders and relaxation in cost for medicines and medical equipment.

In regards to the proposed withdrawal of GSP (Generalised System of Preferences) benefits, the advocacy group suggested the American government to continue allowing tax-free imports of near about 3,000 products to the US from India, as it was a sign of goodwill for years and helped in creating jobs for Indian people.  For more visit: https://www.trademarkmaldives.com/

Metro Shoes files a Case against Flipkart Alleging Trademark Infringement

trademark infringement

Metro Shoes on Tuesday filed a case in Bombay HC (High Court) alleging Flipkart is selling under ‘Metronaut’, a brand name that is similar to the eponymous brand of Metro. Besides this, the complainant alleged that the e-commerce company is using the same brand name to sell shoes also along with other products.

Advocate Piyush Shah, representing Metro, said as the defendant is marketing the products with the brand name that is alike to Metro, it constitutes trademark infringement.

Flipkart spokesperson in an emailed response said that the e-commerce company was not aware of any such legal proceeding. If they are informed by a notice from any court or judicial authority, they will positively take the needed actions that will be in the best interest of the company.

Metronaut brand name is being used by Flipkart to sell:

  • Men wear and accessories that were launched in late 2018.
  • Denims, t-shirts, shoes, and shirts
  • Accessories such as belts, sunglasses, and wallets.

When it comes to Metro, the brand operates around 200 outlets in 100 cities and also sells through several multi-brand stores. For more visit: https://www.trademarkmaldives.com/

5 Varieties of Coffee Acquire GI Tag

Geographical Indication

The government of India gave the Geographical Indication (GI) tag to 5 varieties of coffee being produced in the nation. The list of Indian coffee that achieved GI tag by the Department for Promotion of Industry and Internal Trade beneath the Ministry of Commerce and Industry is as follows:

  • Coorg Arabica from Karnataka,
  • Wayanad, Robusta from Kerala,
  • Chikmagalur Arabica from Karnataka,
  • Araku Valley Arabica from Andhra Pradesh,
  • Bababudangiris Arabica from Karnataka

As expected, the step of providing the GI tag will prove beneficial for the coffee growers by aiding them in attaining the maximum possible price for their high-quality produce.

In India, almost 3.66 lakh farmers are engaged in cultivating coffee over a 4.54-hectare area.

Southern states encompassing Karnataka (54 per cent), Kerala (19 per cent), and Tamil Nadu (8 per cent) are accountable for producing the major percentage of the total production of coffee in India. In addition to these regions, non-traditional areas covering Andhra Pradesh, Orissa, and other north-east states are involved in coffee cultivation.

In the entire world, it is India that seems to be the only republic where the complete coffee cultivation executes in a natural way like grown under the shade, picked by hands, and then, dried underneath the sunlight. Tribal farmers in the Eastern and Western Ghats, the regions recognized as the most important bio-diversity hotspots globally, are known for producing the best coffee worldwide. Highly-valued all over the world, Indian coffee is sold as the premium commodity in European zones.

The ministry said that the tribals who produce Araku coffee follow an organic method where they focus on using organic/green manures and organic pest control and eradication practices. It also puts light on Bababudangiris Arabica coffee by saying that it is hand-picked and managed by natural fermentation.

The ministry added that the protection and recognition that comes with Geographical Indication certification will enable the producers to invest in producing good quality coffee and maintaining the qualities of the products in that specific region. It will benefit both – the nation by enhancing Indian coffee’s visibility in the global market and growers by allowing them to gain the maximum profits for their first-class coffee.

A Geographical Indication refers to a name or sign used on natural, agricultural, or manufactured products like handicrafts and industrial goods that originate from a particular geographical location. Functioning as a mark of assurance of uniqueness and quality, GI tag provides the producers with justification and confidence that commands a premium price of their genuine products in all markets, no matter domestic or international.

Besides coffee, a large number of other products have attained the GI tag in India. For example – Darjeeling Tea, Kangra Paintings, TirupathiLaddu, Kashmir Pashmina, and Nagpur Orange.

NIPO (National Intellectual Property Organisation) President T.C. James said that the GI protection grant is the guarantee that no other grower can misuse the identity to sell similar products. It is advantageous from the customers’ perspective also as they don’t left with any doubt regarding the authenticity of that product.

GI tag distribution will motivate the producers to grow more and better quality coffee, which further leads to an increase in sales of coffee and the nation’s economy. For more visit: https://www.trademarkmaldives.com/

Margento opposes the patent application of an Indian Startup

Intellectual Property Rights

A Netherland-based mobile transaction solutions provider named as Margentofiled an opposition against a patent application on data-over-voice (DOV) technology provided by ToneTag.

FintechstartupToneTag is situated in Bengaluru and was founded in the year 2013 by Kumar Abhishek. Later, it had been allotted to its parent organization known as Naffa Innovations Pvt Ltd. The case had been put under the judicial consideration of the Controller of Patent, Kolkata.

Margento opposed the patent application mainly on the basis of the fact that the inventions are not found patentable when seen in view of previously published documents, incorporating two already approved patents of Margento.

The two granted patents of Margento are related to wireless mobile transaction solutions via a protected transmission of data-over-sound amidst mobile device and payment terminal safely without using Bluetooth, Wi-Fi, Internet Connection, or any other sort of connectivity.

The earlier publications bringing two patents of Margento into light revealed that the secure data travel between two devices. They disclosed that financial transactions and other confidential data transfer via sound waves safely, and thus, made it a patentable invention.

The similar previous publications also gave out the information about the system that enables the transmission amongst numerous devices via audio waves without including internet connection, thus making it patentable. In addition, it was contended by Margentothat the applicant failed to meet the requirements under section 8 of the Patent Act, 1970. Since, the applicant did not provide accurate details related to corresponding patent applications in regards to the same inventions being filed outside India from time-to-time, thus displaying deliberate concealment of material particulars. For more visit: https://www.trademarkmaldives.com/

Bombay HC imposed a fine of Rs 5 Croreon defendantsin IPR conflict

Intellectual Property Rights

Once Mahatma Gandhi, the father of our nation said, “There is a sufficiency in the world for man’s need but not for man’s greed”. Invoking this impactful phrase in a dispute related to Intellectual Property Rights, the Bombay High Court (HC) fined Rs 5 crore on a group of people. The defendants were directed to pay the money to Tata Memorial Hospital in Mumbai.

A brief about the case

It was Nippon Steel and Sumitomo Metal Corporation who filed the case against the Kishor Jain and others.The case revolved around a complaint made to Nippon Steel by a Saudi Arabia based steel company questioning the quality of carbon pipes it purchased to use inoil plants. Nippon itself made inquiries and detected that the defendants were selling seamless pipes under the false direction. The purchasers were misguided that Nippon, the renowned companyin this niche had manufactured those pipes.

Justice SJ Kathawalla heard the dispute and passed an order,and added that this case is the perfect example to show the level to which some unscrupulous people likethe defendants here, can fall in order to make big bucks.Unfortunately, such sort of people doesn’t have any respect for principles or ethics. Moreover, they never mind putting the country’s reputation at stake by executing the unsolicited tasks.

When quizzed at the court, the second defendant named as JeetendraBuradinformed that he tends to purchase the poor-quality pipes from a local shop in the marketplace at Navi Mumbai. After that, HirenKamod, Nippon’s lawyer added that the trios (all three defendants) themselves have admitted their unlawful activity of selling on the name of others.According to the inspection report of offices and warehouses of suspects, it was found that they were indulged not onlyin trademark infringementbut also in forgery.

It was March 26, 2019, when the High Court had restrained the infringing undertakings and seized the goods pertaining to Intellectual Property Rights (IPR) dispute. Moving ahead, Justice Kathawalla decided punishment that can prevent such conflicts in the future. The Court took this matter seriously and imposed a heavy penalty of Rs 5 crore to set a strong precedent. Defendants were directed to pay the amount to Tata Memorial Hospital in Mumbai as the litigant Nippon Steel and Sumitomo Corporation had no objection in giving away the money in charity. For more visit: https://www.trademarkmaldives.com/