Usain Bolt Moves to File Trademark Application for His Signature Victory Pose

Usain Bolt Moves to File Trademark Application for His Signature Victory Pose

More often than not, sportspersons have their signature victory poses, which they break out after a memorable point of their career, like Gareth Bale’s heart sign that he makes with his fingers and Lionel Messi pointing both fingers towards the heavens. Perhaps in the world, one of the most recognizable poses for the victory celebration belongs to Usain Bolt. The athletics icon has recently filed a Trademark Application for a logo showing his signature victory celebration pose. The retired Jamaican sprinter submitted the trademark application in question with the US Patent and Trademark Office (USPTO) last week.

Mr. Bolt is known worldwide for his signature victory move in which he leans back and gestures to the sky. He routinely struck the pose after setting world records and winning gold medals. He still holds world records for 100m and 200m, which makes him the fastest man in history.

The logo filed by Usain Bolt for obtaining Trademark Protection depicts the silhouette of a man in a unique pose with one arm bent and pointing to the head and the other arm raised and pointing upwards. According to the Trademark Filing, Mr. Bolt intends to use the logo on sports bars and restaurants and items including shoes, jewelry, and clothes.

As per a Washington DC-based Trademark Attorney, Mr. Josh Gerben, it makes utmost sense for Mr. Bolt to expand his business empire since he has now retired from the racing world. He further mentioned that the silhouette of Mr. Bolt’s victory pose is widely recognized across the globe. He feels that the Trademark Registration in question would enable the athletics icon to offer the items listed in the trademark application himself or license the exclusive right to use the trademark to third parties.

It was at the 2017 World Championships in London when the eight-time Olympic gold medalist retired from athletics. He could only manage to win a bronze medal in his penultimate race, the men’s 100m, before pulling up injured just as he began to hit the top speed at his final event, the 4*100m relay.

When Mr. Bolt was asked if he would consider returning to racing, he said that too many people retire and come back to the game only to make it worse or to shame themselves, and he wouldn’t ever be one of those people. For more visit: https://www.trademarkmaldives.com

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YouTube must Face Lawsuits from Artists over Copyright Protection

YouTube must Face Lawsuits from Artists over Copyright Protection

A federal court in San Francisco has recently rejected YouTube LLC’s request to dismiss a contentious lawsuit filed by a group of content creators who believe that the American online social media and video sharing platform safeguards the interests of only big copyright holders such as music labels and major studios.

A United States district judge, James Donato, stated that YouTube couldn’t prove why the court should dismiss the lawsuit filed by ordinary copyright holders, led by Maria Schneider (Grammy-winning composer), at such an early stage of the case.

The attorneys for YouTube and its parent company Google didn’t respond to any comment immediately. Also, the attorneys for the plaintiffs didn’t respond to the request for comment.

In support of small copyright holders, Schneider sued the video-streaming giant in 2020 by arguing that the platform safeguards only big copyright holders from Copyright Infringement while allowing pirated content and material from others to draw in online users. According to the said group of small copyright holders, only major companies out there have access to YouTube’s advanced Content ID System to search for infringing content and block it automatically, while individual creators, on the other hand, are left out in the cold.

Last year, YouTube raised several arguments to dismiss the lawsuit in question. It told the court that the said group of small copyright holders had not recognized all copyright-protected content they were suing over. As per YouTube, the plaintiffs claimed the right to add new copyright to the lawsuit whenever they felt like it, thereby making their claims a moving target. YouTube even stated the group couldn’t prove that it owned some copyright-protected content at issue and failed to register others before suing.

Donato recently said that YouTube’s arguments were unavailing. He further mentioned that the lawsuit recognizes specific works whose copyright YouTube allegedly violated, and it was enough to give the video-streaming giant a fair notice of the claims.

Donato even dismissed YouTube’s arguments concerning the said group’s alleged failure to prove Copyright Registration and ownership. For more visit: https://www.trademarkmaldives.com

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Google Sues Sonos Alleging Patent Infringement Once Again

Google Sues Sonos Alleging Patent Infringement Once Again

The American multinational technology company, Google, is again suing Sonos (an American developer and manufacturer of audio products) by alleging Patent Infringement. It seems to be a never-ending legal fight series between the two tech companies in question. The two new lawsuits filed by Google focus on multiple patents involving keyword detection, charging using technologies invented by Google, and figuring out what speaker from a group should respond to the keyword.

Both the lawsuits have been filed at the US District Court for the Northern District of California. As per a report, Google has accused Sonos of violating seven of its patents on the products, including Sonos One, Arc, Beam, Move, and Roam.

Google spokesperson, José Castañeda, said in a recent statement delivered that instead of competing based on innovation and product quality, Sonos has decided to compete in the court of law and initiated a misleading and aggressive campaign against Google’s products, that too at the expense of their shared customers. He further said that Google prefers innovation over litigation; however, Sonos’ actions have left the company with no choice other than to defend its technology and challenge Sonos’ clear and continued infringement of its patents.

The search engine giant, according to Castañeda, has plans to take these complaints against Sonos to the US International Trade Commission in the coming future.  It shall ask the Commission to impose a ban on any product infringing upon the seven patents of Google mentioned in the lawsuits filed.

In the documents submitted with the lawsuits filed, Google has targeted the recently launched Sonos voice assistant by saying that it owns the patents for enabling the voice assistant technology and offering improvements to the durability, reliability, and efficiency of voice-controlled and battery-powered devices and Sonos is using them without seeking its permission.

According to Google, Sonos has recently come up with its Sonos Voice Control feature, which controls its products in a power-efficient way by using ‘hotwords’ and manages the battery charging of its products – with the help of technologies invented by Google.

Sonos, in response, said that all this is Google’s arm-twisting tactic against it for criticizing the search engine giant’s monopolistic methods and ways.

The Chief Legal Officer of Sonos, Eddie Lazarus, said that Google has previously sued Sonos globally, and Sonos has emerged victoriously in every decided case. He further said that the courts have repeatedly valid Sonos’ claims as per which Google is infringing upon its core patented smart speaker technology. According to him, the new lawsuits filed by Google are an intimidation tactic for retaliating against Sonos for speaking out against the search engine giant’s monopolistic practices. He even mentioned that Google is avoiding paying Sonos a fair royalty for the near around 200 patents it is presently infringing upon and grinding down a smaller competitor whose innovations and inventions it has misappropriated. Lazarus firmly believes that Google shall not succeed in the said two lawsuits.

For quite a while now, both Sonos and Google have been in a state of quarrelsome disagreement about wireless speaker tech patents. Sonos achieved a massive victory earlier this year when the US Trade Commission stated that Google did infringe upon Sonos’ patents about casting and group speaker controls. Consequently, Google had to remove some functionality – such as a single group volume control for a set of speakers – from its offerings.

A California judge, quite recently, decided in favor of the search engine giant by canceling a Sonos patent concerning transferring the playback queue of tracks from one speaker to another. For more visit: https://www.trademarkmaldives.com

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Indian Government Plans to Fund 10k Patents from Educational Institutes Every Year

Indian Government Plans to Fund 10k Patents from Educational Institutes Every Year

According to a top official’s recent statement, the Indian Government shall soon come up with a scheme to fund 10k Patent Applications from educational institutes every year. This move’s ultimate aim is to motivate and encourage more students and faculty members to safeguard their Intellectual Property Rights (IPRs) well. Furthermore, as per many officials, the scheme shall help the higher education institutions of India to improve their rankings worldwide by performing well in the domain of research and development.

The Chairperson of the University Grants Commission (UGC), M Jagadesh Kumar, said that the scheme in question would help the students of higher education institutions and faculty members seek funding from the Indian Government to patent their innovations and inventions. He further added that around 10k patent applications would be funded by the Commission every year.

Mr. Kumar said that as part of the scheme – the higher education regulator would invite students and faculty members from colleges and universities to submit their patent applications. He mentioned that in their university system, the major focus is on publishing papers; however, the ecosystem today has changed, due to which there is a dire need to protect Intellectual Property (IP). According to Mr. Kumar, the upcoming scheme would encourage the students and faculty members to go for patenting.

The Chairperson of IPRs at the Delhi University, AK Prasad, said in a recent statement delivered that the move to institutionalize funding for patents is now welcome, which shall help evaluate the commercial value of patents and also lead to the commercialization of more patents.

Filing patent applications can undoubtedly be a costly affair. The cost of filing a patent application lies between Rs. 10k and Rs. 15k in India; however, in countries such as the United States, the cost of safeguarding innovations in the form of patents can run into lacs.

According to Mr. Prasad, filing patents is less of a problem than the maintenance that comes into the picture after the patent grant. He said that a patent requires continuous input of money the moment it gets filed as the owner has to pay against every inquiry and revision. He further mentioned that once the patent gets published, it requires a maintenance fee for twenty years and that maintenance fee is a big issue in India’s patent system.

Let’s say you have a project and file its patent application today. Now let us assume that tomorrow the project gets over. In such a scenario, you can’t maintain the patent. Now that is where the scheme in question shall prove to be beneficial. According to Mr. Prasad, the UGC shall cover patent maintenance under the proposed scheme.

For quite a while, the education ministry has been encouraging students and faculty members in higher education institutions across the country to patent their innovations and inventions. In May 2022, the Minister of Education and Minister of Skill Development and Entrepreneurship in the Government of India, Dharmendra Pradhan, said in a seminar organized at the Delhi University that the times are now changing, and the citizens of India aren’t being able to patent their innovations. In this matter, he suggested that Delhi University could begin a short-term diploma course on the patent grant process.

Although there has been an upward trend of patenting in the Indian Institutes of Technology (IITs) over the past few years, other higher education institutions in the nation are still catching up.

According to Mr. Kumar, the upcoming amendments in the Ph.D. regulations would also recommend students and faculty members file patent applications for their innovations and inventions. He also mentioned that while the UGC is putting an end to the mandatory requirement of publishing research papers in peer-reviewed journals for submitting the thesis, they strongly recommend that students and faculty members patent their innovations. For more visit: https://www.trademarkmaldives.com

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MetaX Hits Facebook Owner Meta with a Trademark Infringement Lawsuit

MetaX Hits Facebook Owner Meta with a Trademark Infringement Lawsuit

MetaX LLC, a company specializing in creating immersive virtual reality experiences, has recently filed a Trademark Infringement Lawsuit in Manhattan federal court against Facebook owner Meta for allegedly stealing and using the company’s name for its pivot to the metaverse.

MetaX, based out of New York, has told the court that it has been crushed by Facebook’s rebranding to Meta and further mentioned that its ability to operate and function as Meta has been eviscerated.

MetaX has accused Meta Platforms of infringing upon its federally registered ‘Meta’ trademarks and requested a court order that would block the social media giant from using the term ‘Meta’ for products and services overlapping with those of MetaX, along with an unspecified amount of monetary damages.

Last year in October, Meta Platforms rebranded from its eponymous social media network by betting that the metaverse, which is a shared virtual realm, shall succeed the mobile internet.

Justin “JB” Bolognino, the Founder of MetaX, said in a recent statement delivered that Meta Platforms has not only put their business in jeopardy but that of the entire industry as well, along with the Intellectual Property Rights (IPRs) of the innovators and inventors who have helped build Meta Platforms.

Meta Platforms didn’t respond to the request for comment immediately.

MetaX holds expertise in immersive and experiential virtual reality experiences using technologies such as Augmented Reality (AR) and Virtual Reality (VR).

In the lawsuit filed, MetaX mentioned that it did discuss a potential partnership with Facebook in 2017 and that an executive at Facebook even praised one of MetaX’s experiences by calling it spectacular and amazing.

According to MetaX, the new focus of Meta Platforms on the metaverse and related AR and VR technologies overlaps with its business, and Meta Platforms has begun offering similar “immersive experiences” at some of the same places it hosted its exhibits, including Coachella and South by Southwest.

MetaX thinks that Meta Platforms’ rebrand shall drive it out of the marketplace and the industry altogether and that it has already caused people to believe that the two companies in question are affiliated. For more visit: https://www.trademarkmaldives.com

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Manolo Blahnik Emerges Victorious in Decades-Long Trademark Dispute in China

Manolo Blahnik Emerges Victorious in Decades-Long Trademark Dispute in China

One of the world’s most successful shoe designers, Manolo Blahnik, has recently won a trademark dispute in China concerning the right to use his name in the nation, thereby ending a costly 22-year-old legal battle.

China’s highest court, in a rare ruling recently, canceled a trademark incorporating Manolo Blahnik’s name and owned by Chinese businessman Fang Yuzhou. This ruling shall enable Blahnik, who started his business in 1971 in London and got his shoe brand made famous by its celebrity fans and regular appearances in HBO’s TV drama Sex and the City in the early 2000s, to sell his brand in the fastest-growing luxury market in the world for the first time.

The Chief Executive of Manolo Blahnik and the founder’s niece, Kristina Blahnik, said in a recent statement delivered that being unable to capture the Chinese market was a huge hole in the brand’s existence; so, when the brand got the call, genuine tears were shed.

In China, there is a ‘first-to-file’ Trademark System, due to which many foreign companies fall into the hands of ‘pirates’ who try to sell trademarks when such businesses or brands enter China. As per one lawyer familiar with such cases and lawsuits, even small start-up-based British designers often come across their names already registered as trademarks in China.

Intellectual Property (IP) theft and infringement have been a source of major tension between China and its trade partners, specifically the United States. In recent years, things have somewhat shifted in China due to the amendments implemented in the nation in November 2019 designed to strengthen the Trademark Legislation. Consequently, there have been some high-profile wins for international brands in Chinese courts lately.

In 2021, one of the world’s major sports footwear and apparel manufacturers based out of the United States, New Balance, won a Trademark Infringement lawsuit against two local companies for imitating its ‘N’ logo and received Rmb25mn in damages. The company is now among the largest compensations granted to international brands in trademark court disputes.

Former National Basketball Association superstar Michael Jordan could stop Qiaodan Sports, the Chinese sportswear manufacturer, from using his trademark in a 09-year trademark infringement lawsuit. Jordan argued by saying that Qiaodan, which is the literal Chinese translation of his name, had infringed upon his exclusive rights.

Other international luxury brands, including British luxury goods brand Dunhill and Italian luxury fashion house Zegna, have also emerged victorious in trademark infringement lawsuits in China.

Manolo Blahnik had multiple earlier appeals rejected in China as the brand could not prove its reputation and image in the nation before 2000. Also, the legal experts believed that Fang Yuzhou appeared to be actively using the trademark for a shoe label he owned shares in during that period.

As per Kristina Blahnik’s statement delivered, the company’s plans for expansion in the Chinese market are still in the initial stages; however, she hopes to begin selling directly in the nation by the second half of next year. She said that the brand wouldn’t be racing with a rocket into China but instead walking gently.

According to an IP lawyer at a law firm in China, the ruling in question shall enable Blahnik and its retailer partners to sell their products in China without fear of legal retaliation and fight counterfeits being sold in and exported from the nation.

The privately-owned shoemaker shall face heavy competition from luxurious brands such as Louis Vuitton.

As per the most recently filed accounts, Manolo Blahnik had sales of €42.3mn in 2020, which is 7% down from that of the previous year due to the COVID-19 pandemic. While the brand has not directly sold its products in China, it has courted Chinese luxury consumers through stores in Hong Kong, Seoul, Tokyo, Singapore, and Taipei. For more visit: https://www.trademarkmaldives.com

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Delhi HC Restrains Use of Facebake & Other Facebook Formative Trademarks

Delhi HC Restrains Use of Facebake & Other Facebook Formative Trademarks

The Delhi High Court (HC) has permanently restrained the use of marks, including ‘Facecake,’ ‘Facebake,’ Facebook marks, the visual representation of Facebook, and other Facebook formative trademarks of the social media giant, in a Trademark Infringement suit filed by Meta (previously known as Facebook).

Justice Naveen Chawla has awarded nominal damages of Rs. 50,000 against the defendants and in favor of the American multinational technology conglomerate, Meta Inc. The Delhi HC has also directed the defendants to pay the amount of the trademark infringement lawsuit to the plaintiff, Meta.

Meta had moved to the Delhi HC after being aggrieved over the use of the ‘Facebake’ mark by defendant no. 1 Mr. Noufel Malol who was allegedly replicating the visual representation of Facebook by copying its look and feel, font, color scheme, and commercial impression, and was, therefore, deliberately trading off the significant goodwill established in Facebook marks.

The scenario mentioned above came into Meta’s knowledge when it saw the advertisement of the defendant’s Trademark Application in the Trade Marks Journal seeking Trademark Registration for its mark ‘Facebake.’

Meta had also initiated opposition proceedings against the said trademark application, claiming that the defendant’s use of the similar mark infringed upon its statutory and common law rights. It had further claimed that the defendant was involved in dilution, passing off, and unfair competition.

According to Meta, on service of the ad-interim order of injunction, the ‘Facebake’ mark was changed to ‘Facecake,’ which, in turn, was deceptively similar to Meta’s Facebook mark to the same extent.

The Delhi HC, in this matter, said it could never be disputed that Meta’s marks are well-known in India and that their overall reach and user base are pretty evident from the documents and info submitted by it. The Court further observed that Meta has all the trademark registrations in place in various classes of goods and the use of a similar mark undoubtedly amounts to unfair competition, which is and shall always be detrimental to the reputation and distinct character of Meta’s Facebook marks.

The Delhi HC also mentioned that though there is some distinction between Meta’s marks and those of the defendants, the visual representation of the marks adopted by the defendants depicts their mala fide intent in obtaining unfair advantage by using a mark similar to that of Meta. The Court even stated that the same results in dilution of Meta’s marks.

According to the Delhi HC, an unwary consumer might believe that the defendants, in this case, have some connection with Meta. Moreover, the mala fide intent of the defendants is pretty clear from the instance that upon knowing the ad-interim injunction passed by the Delhi HC, they changed their mark from ‘Facebake’ to ‘Facecake’ by changing only one letter but decided not to appear before the Court to defend the lawsuit in question. For more visit: https://www.trademarkmaldives.com

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CureVac Sues BioNTech Alleging Patent Infringement over mRNA Technology

CureVac Sues BioNTech Alleging Patent Infringement over mRNA Technology

German Pharmaceutical Company, CureVac, has filed a Patent Infringement Lawsuit against the German Biotechnology Company BioNTech in Germany over its use of mRNA technology. CureVac is now seeking ‘fair compensation’ from BioNTech and two subsidiaries for infringing upon its Intellectual Property Rights (IPRs).

As per several reports, the Chief Executive Officer at CureVac, Franz-Werner Haas, has not ruled out further legal action against mRNA vaccine maker Moderna or BioNTech partner Pfizer.

CureVac believes that its claims to IPRs are based on more than two decades of sincere work and effort on mRNA technology, some of which have been used by BioNTech and Pfizer in the development and sale of their Comirnaty Coronavirus vaccine.

In a recent statement delivered, Haas said that many years of CureVac’s research and development have also contributed well to the success of mRNA vaccines and made the same possible. From his and the entire company’s point of view, it is pretty self-evident to respect the IPRs associated.

Meanwhile, this year, BioNTech expects up to 17 billion euros ($17.5 billion) in vaccine revenue, which is down from the 19 billion revenue of the previous year with the COVID-19 pandemic easing. CureVac said that neither it is seeking an injunction nor taking legal action that would impede the production, sale, or distribution of the vaccine.

Haas said that it would not have occurred to CureVac at the height of the pandemic to point out patent infringement; however, the company believes that there is better control over the pandemic at present and the right time to bring up the issue of patent infringement.

When contacted by the news reporters to talk about the said lawsuit, BioNTech didn’t have any immediate comment.

As of now, Haas is coy about potential further legal action, indicating that in the first place, a basis is needed concerning CureVac’s fair share in product development and sales in Germany and how it would be appropriately valued. When reporters asked whether or not he would rule out legal action against Moderna, Haas said that CureVac is not ruling anything out currently and instead looking at the matter very carefully.

Began in China, the COVID-19 pandemic has killed more than 6.3 million individuals to date and spurred a race amongst the pharmaceutical companies to be the first to come up with a vaccine, with Pfizer and BioNTech dominating in the western world.

After several failed attempts to launch a COVID-19 vaccine to the market last year, CureVac escalated its work and effort with partner GSK on improved vaccine versions.

This year in April, GSK and CureVac said that their second-generation vaccine version, which targets two recent COVID-19 variants, is highly effective in pre-clinical studies on mice. For more visit: https://www.trademarkmaldives.com

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eBay Steps Into the Metaverse and NFTs with Trademark Application Filings

eBay Steps Into the Metaverse and NFTs with Trademark Application Filings

The American multinational e-commerce company, eBay, is the latest mainstream brand to step into the metaverse by filing various Trademark Applications for different products.

The e-commerce giant has applied trademarks for:

  • Non-Fungible Tokens (NFTs), NFT Exchanges, and NFT Trading
  • Virtual Goods Marketplaces
  • Online Retail Stores with Physical & Virtual Goods

The trademark applications for the same were submitted to the US Patent and Trademark Office (USPTO) on 23rd June 2022. The news of these trademark applications was revealed by licensed Trademark Attorney Michael Kondoudis on 28th June 2022 in a tweet.

An overview of the trademark applications filed shows that eBay is looking forward to offering products like an interactive website in the metaverse, enabling users to engage with digital assets on the blockchain. Besides, the e-commerce company has plans to provide exchange services concerning NFTs.

As the concept of the metaverse is growing at a high pace, e-commerce platforms are lining up to be among the significant beneficiaries providing features like personalized experience for customers and secure customer engagement while enhancing customer experience.

Noticeably, the e-commerce giant’s venture into the metaverse might ramp up its overall business and attract new potential customers as it battles the ongoing economic meltdown.

As per multiple reports, eBay’s stock had been downgraded on June 28th after losing over 30 percent of its value year to date despite being a pioneer marketplace.

eBay’s competitor Amazon has also suggested its interest in the metaverse by disclosing plans to improve customer experience through an augmented virtual room called Amazon View. The product shows customers the basic layout of their homes in 3D.

Nowadays, most brands and businesses belonging to different industries are entering the metaverse, primarily driven by the need to increase customer interaction. Much recently, the world’s leading chocolate manufacturer, Mars Inc., filed for an NFT trademark application for its widely recognized brand M&M.

Other companies investing in the metaverse include fast-food chains such as KFC and McDonald’s. The DeLorean Motor Company, notably the DMC DeLorean, filed two NFT trademark applications this year in May.

All in all, such trademark applications have accelerated, with reports suggesting that NFT-related trademarks in the US surpassed 4,000 between 1st January 2022 and 31st May 2022. For more visit: https://www.trademarkmaldives.com

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Rogue Websites Restrained by Delhi HC from Using Amazon’s Trademark & Logo

Rogue Websites Restrained by Delhi HC from Using Amazon’s Trademark & Logo

Several rogue websites have been restrained by the Delhi High Court (HC) from using the trademark of the online marketplace, Amazon, and its logos or any deceptive variant that is identical or similar to the original mark. In this case, the Delhi HC noted that the activities of the said rogue websites have been causing financial loss to the innocent public. The Delhi HC also stated that it was of the view that the plaintiffs, including Amazon Seller Services Private Limited and its other companies, have made out a prima facie case for grant of ex parte ad-interim injunction.

According to Justice Jyoti Singh, the balance of convenience in this scenario lay in favor of the plaintiffs, and they were very much likely to suffer from irreparable harm in case the prayed-for injunction wasn’t granted. She further mentioned that the defendants’ unauthorized activities have been causing immense financial loss to the unsuspecting and innocent members of the public.

The Delhi HC, till the next date of hearing, has restrained the rogue websites in question, their owners, others acting on their behalf, or any individual/entity from using the mark ‘Amazon,’ ‘Amazon.in,’ or any other deceptive variant, similar or identical to the plaintiffs’, i.e., Amazon’s marks, in any way, leading to their infringement.

Moreover, the Delhi HC has directed the Department of Telecommunication and the Ministry of Electronics and Information to issue orders and notifications calling upon the different internet and telecom service providers registered under them to prohibit and block the access to the rogue defendants and websites identified by the plaintiffs in this case.

The Delhi HC’s interim order has come while hearing a Trademark Infringement lawsuit filed by Amazon Sellers Services Private Limited and its affiliates. The plaintiffs submitted that the rogue websites in question have been engaging in a pre-planned conspiracy to dupe and defraud innocent individuals by using Amazon’s marks without any authorization and illegally on the rogue social media accounts and websites operated by them or as part of the domain name registered by them.

In the lawsuit filed, Amazon specified that the said rogue defendants have been blatantly reproducing its website content and adopting a look and feel similar or identical to its official website, ‘www.amazon.in.’ It also mentioned that the defendants have been engaging in such deceptive and infringing activities to defraud innocent individuals looking forward to registering an ‘Amazon Easy Store.’ For more visit: https://www.trademarkmaldives.com

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