EagleView Wins Intellectual Property Lawsuit

EagleView, a technology provider of aerial imagery, geographic information system, and data analytics solutions, recently announced a significant legal decision revealing that Verisk Analytics, Inc. and Xactware Solutions, Inc., willfully infringed EagleView’s Intellectual Property (IP) and technological innovations.

26th September 2019’s jury verdict in the U.S. District Court for the District of New Jersey confirms that Verisk and Xactware used EagleView’s technology and innovations without its consent and in violation of the U.S. Patent Law.

What’s the Case?

In late 2015, EagleView filed a lawsuit against Verisk and Xactware claiming that the two competitors are involved in the willful infringement of its patents encompassing some unique technologies. The filing was emphasized to hold Verisk and Xactware accountable for infringing EagleView’s technologies.

The jury favored EagleView on every issue has awarded it $125 million in damages. Besides, the Court has issued a temporary restraining order preventing defendants’ sale of Property InSight, Geomni Roof, Roof InSight, and Geomni Property, as well as, use or sale of Aerial Sketch version 2 after 25th September 2019. This order will be in effect until 8th October 2019, the date set by the Court for a hearing on a permanent injunction.

Rishi Daga, CEO of EagleView said that they understand the distraction their customers are encountering due to the ongoing lawsuit, and thank them for standing beside the company even when it was forced to safeguard its IP and technology in court. The recent decision enables them to continue serving the clients with superior customer services across insurance, energy, roofing, and government, and to look forward to driving innovation through data analytics derived from aerial imagery as well as bringing impactful solutions. EagleView will consult the affected customers to determine if the firm can assist them in any manner or customers can contact EagleView at https://www.eagleview.com/support/.

The jury found that the patents involved in this case were valid and amongst the more than 200 patents in the plaintiff’s portfolio. They also discovered that Verisk and Xactware had infringed the patents willfully, awarding $125 million to EagleView for damages due to past Patent Infringement.

Verisk and Xactware have repeatedly taken measures to prevent EagleView’s claims from reaching in the front of a jury trial, including attempts to invalidate EagleView’s claims in district courts and challenges to the plaintiff’s patents with the USPTO. EagleView succeeded in securing overwhelming victories at the USPTO, with 149 applications related to its patented technology comprehensively upheld after several appeals.

Kirkland & Ellis LLP and Walsh Pizzi O’Reilly Falanga LLP are the co-counsel represented EagleView at all levels of the lawsuit and relevant patent proceedings, including the recent IP trial win.

EagleView is emphasizing on transforming the way people work by bringing in the highest level of accuracy in today’s persistently changing world. It is expected that this win will help the company in achieving its goals. For more visit: https://www.trademarkmaldives.com

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What is the Difference between a Provisional Patent and a Permanent Patent?

Your invention is the result of your hard efforts, and you must not want anyone to make profits by using it or a similar one without your consent. Patent Registration is one of the most valuable sources, which empower you to prohibit others from using your unique and new ideas in today’s malicious era where issues like patent infringements are common. A patent, if granted, bestows you with not just the Intellectual Property Rights (IPRs) to ensure the protection of your innovation but also a good reputation that attracts profits. However, to enjoy the full-fledged benefits of registering a patent, you must know about what a provisional patent is and how it differs from a permanent one.

Provisional Patent

It is imperative to note that there is nothing like a provisional patent in the present Intellectual Property (IP) industry. Nevertheless, a Provisional Patent Application is an introductory step towards the road of getting robust patent protection. Filing a provisional patent application is crucial as it allows the inventor to market his invention without any worry related to its theft and to continue with further development and patent operations. It is a legal document that provides an early filing date and gets transformed into a granted patent only when the applicant applies for a regular non-provisional patent.

Permanent Patent

The permanent patent provides the Patent Protection that prevents unlawful using, making, copying, and sharing of the same or similar invention. The permanent patent application is a techno-legal document that includes a description explaining the invention, disclosing the best-known procedures of carrying it out, and one or more assertions showing the scope of the invention.

Difference between Permanent and Provisional Patent

  • The foremost fact that establishes a difference between these two patents is cost. For instance, Filing a Provisional Patent application is cheaper in comparison to filing a permanent one and therefore, beneficial for individuals, companies, etc., that are available with a limited budget. Besides, provisional patent registration demands no legal necessities, which are compulsory in case of permanent patent registration.
  • By filing a provisional Patent Application, the inventor can secure his/her invention as soon as he/she creates it and along with the benefit of maintaining and supplementing that invention. It means this application allows you to continue working and making improvements in what you have invented even after filing it. Once done with the modifications in your invention, you can apply either for its permanent patent registration or another provisional patent associated with the same. On the other hand, filing of a permanent patent application provides no option to make changes or add any new subject matter to your invention. Therefore, if you want to protect what you have invented while working on its improvements, then it is essential to file a provisional patent application rather than a permanent one.
  • The role of the Patent Office is another remarkable aspect that differs provisional and permanent patent applications from each other. Patent Office doesn’t emphasize the provisional patent application until and unless the inventor files a permanent patent application that claims privileges and benefits of the priority under the provisional application filing. It means until and unless the inventor moves forward to permanent registration, there is no need for an additional fee associated with the Patent Attorneys or office. In other words, the provisional patent application enables you to lay the foundation for getting a patent, be benefitted with patent-pending, and preserve funds in the process, whereas permanent doesn’t.

Undoubtedly, provisional and permanent patents are quite different, but if used together, these two vital tools can secure your invention in the best and fastest possible way. Nevertheless, it is imperative to note that the provisional patent application remains pending at the Patent Office for a maximum of 12 months from the date of filing. So if an applicant files a provisional patent application, then he must apply for a corresponding permanent patent also within the twelve-month patent pendency duration of the provisional application. Why? It is essential to accomplish the Patent Process with ease and get comprehensive advantages of patenting an invention. For more visit: https://www.trademarkmaldives.com

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Want to Transfer Trademark Rights in India? Here’re the guidelines!

A trademark is one of the most exclusive and fastest evolving Intellectual Property Rights (IPRs) in India. Consisting of a recognizable sign, design, or expression, it identifies and differentiates the products or services of a source from those of others. Besides, it helps the brands in generating goodwill that attracts consumers towards them. Another remarkable fact why a trademark is the most preferred Intellectual Property is that the owner can transfer it.

Here, we will dive into the complete process of transferring the trademark rights in India.

As per the Indian Trademarks Act, 1999 that deals with all legal issues, terms, etc., around trademark, people who desire to transfer their trademark cando so by opting any of the two agreements: Trademark Assignment or Trademark Licensing.

(A) Trademark Assignment Agreement

It focuses on the legal way of transferring rights from the owner (assignor) to the willing third-party (assignee), which could be a company or an individual. Assignment of a trademark can be possible in the following two ways:

  • Complete Assignment:

Trademark rights refer to a bundle of several rights emphasizing ownership, use, process, share, etc., and a complete assignment of a trademark allows the transfer of all these rights from the assignor to the assignee. Once signed this assignment, the assignee can use, sell, and even distribute the mark without any fear of Trademark Infringement as the assignor no longer retains any right over the logo, brand, or anything else associated with it.

  • Partial Assignment:

Partial assignment of trademark permits the transfer of rights over particular products or services. It empowers the assignor to provide the willing party with his/ her rights while adding clauses that the assignee is entitled to use the rights related to only a few products. In other words, the assignee cannot use the trademark for any other products or services apart from those allowed by the assignor.

Step-wise Procedure for Trademark Assignment

  1. First of all, there is a need to make an application requesting the transfer of rights. The trademark assignment application can be made either by the assignor or assignee or jointly and should entail the terms and policies of transfer, details of both proprietor and assignee. Moreover, it must be in the format of FORM TM-P.
  2. After preparing the application, it’s the time to file it before the registrar. Emphasize doing so within six months of acquisition of proprietorship as delaying in filing can cost you payment of an additional fee.
  3. Obtain the permission of the Registrar. The case of transfer varies according to conditions, for example – is it the transfer with goodwill or of a Registered Trademark. In every case, it is mandatory to focus on the directions of the registrar before the expiry of the assignment. However, this period is of six months in India but extendable if the registrar allows.
  4. Advertise the assignment as per the registrar’s direction and submit copies of both advertisements and directions to the registrar.
  5. The registrar (if satisfied) with the application, all documents, and advertisement will transfer the said Trademark Protection from the original owner to the new proprietor. Once the name of the assignee gets registered with the registrar, the assignee can use the said trademark rightfully.

(B) Trademark Licensing Agreement

It emphasizes transferring a trademark in a restricted manner. In other words, trademark licensing doesn’t allow the transfer of full ownership over the trademark rights from the licensor (original owner) to the licensee (new owner).  Though a little bit restrictive yet licensing agreements benefit the licensor by broadening his market and increasing consumers, while the licensee with royalties accessible with the trademark.

Although the registration of a licensing agreement isn’t mandatory, it is advisable to do so. Why? Registering will enable the licensee to exercise the trademark without any fear of legal issues.

Procedure for Trademark Licensing

The process of registering the license agreement is quite similar to that of assignment agreement. Like the assignment agreement, the application for Trademark Registration and transfer under the license agreement should also be filed before the registrar within six months of the agreement made. Licensor, licensee or both can make the application in the format of TM-28 form. Once the registrar is satisfied with the application, documents, etc., he/ she will make an entry into his/her record register, including the date of filing the Trademark Application and other details. The entry states that both the licensor and licensee can use the desired trademark rights as per the terms of the license agreement.

With the consistent evolution and growth in the technologies and several industries, the concepts of IPRs like trademark are continuously changing. Trademark transferring is the correct approach that attracts profits for both the original right holder and the party willing to get the rights. Hopefully, this article will help you in having the benefits of such trademark transferring. So, understand your needs as well as the procedures and thus, go for the method of transferring the trademark rights that suits you. For more visit: https://www.trademarkmaldives.com

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Facebook Wants to Trademark the Term “Book”

Facebook Inc., one of the largest social media giants worldwide, has filed a Trademark Application for securing a trademark for the term ‘Book’ in Europe, after many years of successfully registering the generic words ‘Face’ and ‘Book’ in the United States.

Filed by Facebook in June 2019 with the European Union Intellectual Property Office (EUIPO), the application has been accepted by EUIPO and is presently under assessment, with a decision anticipated later. The ideology of trademarking such common words is to prevent the small and fledgling firms from using the name of established brands to offer products and services similar to the brands’ ones, thus confusing the customers and making false income on others’ names.

The application filed by Facebook holds a list of hundreds of relevant products and services such as electronic game software, software for modifying photographs, wearable peripherals for computers, and electronic radio components.

If the application gets approved, it will enable the word ‘Book’ that initially recognized as a traditional paper-based data storage format to join the terms, including Face, Wall, Poke, Like, the letter F, and a specific shade of blue in the big list. Moreover, the social media giant will start preventing its competitors from infringing on the word ‘Book’ – something that will not be an unimportant effort; but, undoubtedly within the power of Facebook and legitimate teams associated with it. Nevertheless, the bad news for Facebook’s competitors, especially fledgling and small companies is that the social media giant has proved to be very happy to chase and shut down the firms for perceived Trademark Infringement.

Although it may not be the adept time for Facebook to seek positive results in Europe, where the American giants incur a low amount of trust and goodwill, still the social media giant is consistently striving to complete its trademark collection as it has already got the word ‘face’ registered over a decade years ago, thus making it believable that its new application too will be granted.

In the US, several other terms in addition to ‘Facebook,’ – ‘Face’ and ‘Book,’ are now secured as Facebook’s Intellectual Property (IP), for example – ‘BOOMERANG,’ ‘F8,’ ‘LIKE,’ etc.

Facebook is not the only giant or company seeking to obtain Trademark Protection for generic words, for example – Ohio State University and fashion designer Mark Jacobs are too making efforts to be the first in getting a Registered Trademark for the term “THE” with the US Patent and Trademark Office (USPTO).

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8 Steps to Prevent Unauthorized Use of Intellectual Property Online

Your company’s Intellectual Property (IP), regardless of what it is or the form in which it is existing, is often more valuable than anything else. Hence, the security teams and IP executives of your firm must understand the need to keep these crucial assets safe against the rapidly emerging dark forces that are continuously trying to steal them. With the advancements in digital technologies, robbery and unauthorized use of inventive works like pictures, content, or other vital IPs have become very common. The unique online IP assets that are intended to gain followers and customers for your business if stolen and used by others can reduce your profits. Therefore, it is essential to legitimately prohibit others from infringing on your online intellectual property.

Steps to Protect your IP Online

Is somebody already using your work and thus, earning on your name? Don’t worry as the following steps will not only help you in dealing with unlawful use of your work but also reduce the possibilities of your IP’s theft in the future.

  1. Comprehending Copyright Law is Must: Your unique blog, picture, content, and video are your IP and get protected from the moment you create them. Undoubtedly, it means that no one can use the work without your permission, but many people (knowingly or unknowingly) still try to reproduce it. No matter what the reason is, people often try to steal and use your assets. Nonetheless, you can prevent them from doing so by using the copyright protection surrounding your work, but as different work is protected differently, there is a need to have a deep insight into copyright law. Besides, filing a wrong Copyright Infringement case can leave you with penalties, thus turning it more significant to comprehend the law.
  2. Issue an Official Copyright Notice: Such notices are one of the best means to prevent people from violating your work as it informs people that the particular work is your IP. Though these notices don’t grant additional protection or rights, yet putting them in your content can keep your work safe.
  3. Formulate an Easily Understandable Permission Policy: Create an explicit permission policy that provides clear statistics about how users can use your work. Tell them for what kind of use they need to take your permission and what they can use without seeking your consent. It will benefit you by making people consult you before using your content as well as by giving a published standard that you can refer to if anyone infringes your IP.
  4. Have insight into Users’ Intention: Not every person who re-posts your work does so to violate it. Some may do this as they are not aware of the law or the fact that the work is your IP. Moreover, a few may be using it just because they want to develop the interest of their target readers. Hence, be cautious and have an ideology about the users’ intention behind using your asset before taking any legal step.
  5. Request Removal of your Work: Many times, the users’ motives are not harmful, i.e., they are violating your Intellectual Property Rights (IPRs) unknowingly. Even after executing the previously mentioned step, if you still come across such users, be kind to them and try not to suppress their enthusiasm. Send an email or put a comment informing them that they are unintentionally committing an illegal act. Furthermore, suggest them to get benefitted from your work by using it legally as per your permission policy.
  6. Turn Your Request into Demand: Are the users not responding to your request aptly? It’s time to be a little bit rigid and turn your request into demand. Send a demand letter or an email asking the users who are behaving as offenders to remove your copyrighted content from their site.
  7. Extract Benefits from Infringer’s Hosting Service: Are the offenders still not ready to cooperate? Carry out some searches and discover their WhoIs record. You can do this by utilizing the efficient tool named as DomainTools. The information gathered in this way will reveal their domain registration information, encompassing the details of the host of the website. Create an email, including statistics that why you want the offenders to remove your work from their website. The legitimate service on receiving your email will investigate the case, and if it discovers your request appropriate, then demand the offender to respond as you want. Nonetheless, if the infringers don’t act aptly, it will take their website down.
  8. Hire an Attorney-at-law: Do the service providers appear shady, incompetent, or offshore? Relax as it is not a new concern, many people suffer from the same one. At this instance, IP attorneys can serve you with relief by putting such nasty infringers out of your professional life. They can even proffer guidelines on How to Manage Intellectual Property, how to ensure effective IP Portfolio Review and Management, etc., to avoid similar worries in the future.

IP is the base of almost every business, and thus, no one can afford to lose these valuables in others’ hands. Hopefully, the steps in this article will prove beneficial in safeguarding your intellectual property online. So don’t miss out on these steps as not directly but undoubtedly they play a crucial role in your overall success. For more visit: https://www.trademarkmaldives.com

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Must be Aware of Copyrights! Let’s Know About Copyleft Now!!

In the present Internet age where it has become ever-easier to infringe on Intellectual Property Rights (IPRs), you must have heard about copyright. Most of us know that copyright is an exclusive right that enables the creator to use his original work while preventing others from stealing it.

As a creator, you need to safeguard your unique and creative Intellectual Property (IP) assets. For instance,

  • Photographers should copyright their photos,
  • Software developers should use appropriate licenses,
  • Bloggers should issue DMCA (Digital Millennium Copyright Act) notices.

However, this can be a headache, specifically if you are prolific and your work is famous. That’s why many creators are adopting copyleft. Here’s everything you should know about the copyleft license.

Copyleft

Copyleft is all about a concept by which you can share your work to third parties with some rights such as copying, modifying, etc. Under copyleft license, people are free to use, change, or distribute the work as per their need in exchange for just one condition of preserving the same freedom in the modified versions of the work. It encourages more and better publications. However, copyleft obliges people to distribute the modified work on the base of providing the same or similar copyleft license to others, but it isn’t necessary to make copyleft work free like in the public domain.

3 Key Concepts Related to Copyleft

  1. Copyleft is About Users Freedom

Despite what the name implies, copyleft is not about abolishing copyright. Instead, it is a subset of the copyright license and functions on an objective to provide freedom to the users.To understand this concept, we need to recall copyright that bestows the owners of the original work with legal rights to dictate how others can or cannot copy, reform, and distribute their works. If someone uses the original work in a way contrary to how its creator allows, the owner is entitled to take legal action, i.e., file Copyright Infringement case. It means the creator with Registered Copyright holds power to restrict what others can do with his work. Although copyleft licenses exist within the legal structure of copyrights, their core notion is that the users should be allowed to copy, modify, and distribute works as they want, with only one crucial clause: all derivative works offer the same freedom of use to other users.

  1. Copyleft Is Much More Than Just Permission

Copyleft license is not like a permissive license, which grants users the freedom to do anything they want. Copyleft gives freedom but imposes some demands as well. The most noticeable requirement of the copyleft license is that the users must distribute derivative works under licenses that offer rights, which are either the same or similar to the original work.

For example:  Suppose a photographer gives you a copyleft photo. As a user, you have the right to modify and share that photo however and to whoever you want, but you would also need to permit anyone else to use your work as he wants. It is known as the ‘share-alike’ clause.

Copyleft is beyond just allowing freedom; it demands freedom.

  1. Copyleft Isn’t Always Free

As mentioned above, a copyleft has two aspects:

  • The freedom for users to copy, modify and distribute derivative works
  • The “share-alike” clause to maintain liberty in derivative works.

Nonetheless, there is nothing that makes copyleft work available at no charges. In other words, you may not be able to get a specific copyleft work without paying for it. However, once you do pay for it, you’re free to use it as long as you maintain the same freedoms in the derived work.

Difference between Copyright and Copyleft

Since the concept of copyleft springs out from that of copyright, there can be hardly any comparison between copyright and copyleft. Nevertheless, copyright is restrictive in terms of forbidding third-parties from using rights reserved for the author without his permission whereas copyleft allows third-parties to use the rights liberally but while ensuring that the liberality will not cut off and reaches to every user of the work. In simple words, copyright emphasizes restriction and originality of work of an author, whereas copyleft proffers as well as demands freedom.

Copyright or Copyleft

People often have queries; whether they should go for copyleft, is it right for them, etc. Well, solutions to such questions lie in the author’s will; whether to share the rights with third-parties ready to do the same with others or keep them to himself/ herself. If you go for copyleft licensing, you may sometimes find it a bit harder to make expected money. Besides, even if you succeed in making earnings, they would be significantly less in comparison to that you could have made by traditional copyright rules. Hopefully, this article has given you a better idea about copyright and copyleft that can aid you in making a fair decision. Nevertheless, if any doubt is bothering you, be smart and consult an experienced attorney who can assist you in understanding these legal terms better. For more visit: https://www.trademarkmaldives.com

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Starbucks Enters Trademark Dispute with a Small Alaska Company

Starbucks is clashing with a small Alaska company named Mountains & Mermaids over a trademark term. The former who is a Seattle-based coffee giant said that Siren’s Brew for which the later filed a Trademark Application is too similar to its branding.

As the Anchorage Daily News reported, Starbucks wants the U.S. Patent and Trademark Office (USPTO) to reject the application filed by this small Wasilla-based Mountains & Mermaids Company. Applied late last year, the Alaska business has been seeking to get Trademark Registration for the term ‘Siren’s Brew’ for its products since that time. It has branded its apparel with the image of a siren or mermaid holding a cup of coffee and recently began using the design on coffee.

Starbucks in an opposition filed in August this year said that it applied to trademark ‘Siren’s Blend’ for its coffee products in February 2019, but the USPTO has refused the application as of May, based on a possibility of confusion with Siren’s Brew.

Starbucks continued by saying that the long-time use of siren in its branding doesn’t end up with its famous green logo. Instead, it has extended the brand’s use of the term as per its filing. Employees use the word to refer to its business and products, added Starbucks.

Starbucks further in an emailed statement announced that for near about half a century, it has invested in establishing a relation between a siren and coffee. Besides being an integral part of the Starbucks’ logo since the brand got established in 1971, the siren is the face of the company to the world.

On the other side, Monica Hamilton owning Mountains & Mermaids along with her daughter named Sarah said that they were shocked to know about Starbucks’ opposition in regards to their trademark application. She added that there is no confusion at all. They are neither interested in interfering with Starbucks’ business nor want them to interfere with theirs.

Launched in 2017, Alaska Company is an online retailer with many of its products sporting nautical imagery. The term ‘Siren’s Brew’ of this company applies to the products such as hoodies mugs, stickers, etc., that include the design of a siren or mermaid holding a coffee cup. The quote incorporated in the design asserts that a siren needs her morning coffee before a day of wrecking ships and drowning men.

Eric Pelton, a lawyer on behalf of Mountains & Mermaids, said that whatever term Starbucks’ workers use within the company to describe their business is not the same as a Registered Trademark. Mr. Pelton also said that he plans to submit a response to Starbucks’ opposition to the USPTO next week. For more visit: https://www.trademarkmaldives.com

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Intellectual Property Rights: A Crucial Need for Present MSMEs

MSMEs or Micro, Small, and Medium Enterprises that play a vital role in growing a country’s economy often lose out when it comes to the safety of their ideas and strategies. Hence, it is imperative to look for something that can protect the creations and innovations of MSMEs. Intellectual Property Rights (IPRs) are the best source adept in keeping the unique and original assets of companies safe in the current highly competitive world.

Intellectual Property (IP) industry nowadays is accessible with many types of IPRs, like trademarks, patents, etc. Nevertheless, MSMEs can opt for any of these IP rights, but sometimes one kind of IP can protect a particular asset better than others. For instance, a trademark is an exclusive IPR that suits best when it comes to secure the unique name, logo, or other assets of MSMEs. By providing a unique identity to a product, the trademark helps its owner to gain credibility amongst consumers, which ultimately serves him with financial profits. On the other side, to protect the unique and new designs that form the base of business models of some MSMEs, the enterprises’ need could not depend on a trademark. They need an IPR that is known for securing designs. Since the requisites vary as per the nature and assets of MSMEs, there is a need to implement IP protection after understanding it appropriately.

Sources to be Aware of IP

IP awareness programs are the best way to be familiar with IP. Including the Intellectual Property Facilitation (IPFC), Confederation of Indian Industry (CII), National Institute for Micro, Small and Medium Enterprises, and National Institute of Intellectual Property Management, several other institutions are famous for organizing IP awareness programs. Some of the programs with which these institutions attempt to make MSMEs aware of IP encompass:

  • Seminars,
  • Workshops,
  • Short-term and long-term training.

Need for IP Framework

With the continuous and rapid emergence of new products and businesses, the market is turning competitive. The worst fact is that to stay ahead of others in such a challenging era, many big firms don’t hesitate even in exploiting the smaller companies, thus making it crucial for the MSMEs to get familiarized with the IP protection available for their assets. That’s why it is of paramount importance for MSMEs to have an appropriate IP framework that prevents them from losing the game in the hands of big players.

An appropriate IP framework is beneficial for MSMEs in not just defending their innovative products or works but also enhancing their market value amongst the potential investors, shareholders, and consumers. Note that the IPRs, if valued, maintained, and utilized strategically can undoubtedly increase the MSME’s reputation and competitiveness.

The Present Situation

MSMEs, in the present scenario, are contributing to around 50 percent of the total manufacturing industries and 45 percent of the overall shipments in India. That’s what makes these enterprises a noticeable source adding much to the Indian economy. However, to pursue playing a role in growing the country’s economy, MSMEs have to stay away from legal issues, including trademark infringement cases, patent violation lawsuits, etc. Assuredly, the high costs, required documents, and many other things associated with IPRs turn it a bit complex for MSMEs to obtain and enforce IP protection. Nonetheless, if obtained precisely by understanding all the facts related to the IP system, the IPRs can undoubtedly bestow the owner, i.e., MSMEs with fruitful outcomes. Are you also an owner of any minor, or small, or medium-sized enterprise? It is time to secure your business with suitable IP rights that will not just keep your assets protected but also provide you with fruitful advantages for years. For more visit: https://www.trademarkmaldives.com

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Michael Kors Files a Lawsuit against New Haven Flea Market

Fashion house Michael Kors LLC has recently sued the operators and vendors of The Boulevard Flea Market on Ella T. Grasso Boulevard over counterfeit sales of the products carrying the company’s brand name for years, and that the practice hasn’t creased even after many repeated warnings.

The plaintiff, in the filed lawsuit, named the flea market operator C.G.C. Enterprises and its owner, Charles Cheslock, Landlord Digsby, Taylor and Hobbes, and Vice President Richard Lebov, and 100 “John Does” as defendants who are believed to have sold fake Michael Kors products.

Attorneys for Michael Kors LLC have noted that New Haven police had reportedly seized more than $2 million worth counterfeit products from the market in November 2013. As per the complaint, an inspector working on behalf of the company purchased counterfeit goods from 31 vendors in June 2018 and in December 2018, the company then sent cease-and-desist letters to those vendors of the flea market. The inspector in August 2019 had not just returned to the flea market but also purchased more counterfeit items. On every visit, as the complaint showed, the inspector saw more than 500 counterfeit goods offered for sale.

In the complaint filed, the attorneys for Michael Kors have noted that these conducts harm the brand’s reputation, branding efforts, and those who purchase the products expecting them to be the real products. As per the attorneys, Michael Kors has expended an enormous amount of resources to combat the sales of fake items at the Flea Market. Despite several efforts to restrict sales, the brand has met with uncooperative landlords and owners who have refused to take appropriate actions. The irresponsible conduct of the operators and vendors is also raising irreparable monetary and other types of damages to Michael Kors and its products’ customers.

The complaint claims that by conducting the illegal act of counterfeiting and falsely defining the origin of the items sold, the operators and vendors of the flea market have committed Trademark Infringement. With many other requests, Michael Kors is looking for a legal order that prohibits vendors and operators from selling counterfeit products, requiring them to turn over all the false merchandise for destruction, along with monetary damages, punitive damages, and statutory damages. For more visit: https://www.trademarkmaldives.com

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Guidelines to Prevent Intellectual Property Issues in the Virtual World

Trademark Infringement

Virtual reality (VR) is a technology that has been surrounding us, in different forms, for the past many years. Although the technology is in effect since the mid-twentieth century, the hike in its popularity came now due to the rapid technological advancements in mobile data and other relevant services. As the cost of VR devices is falling continuously, even ordinary people can afford them at the moment. Therefore, large numbers of entrepreneurs are striving to make profits by driving remarkable consumers through advanced and affordable VR services. If you also want to grow your business with the help of this technology, don’t forget to emphasize some legal considerations.

Below is the crucial information that will aid you in evading issues related to your Intellectual Property (IP) assets while investing in virtual reality technology

Virtual Reality

VR or virtual reality is a simulated technological environment, including the computer-generated, three-dimensional images that enable the users to communicate to the real world by utilizing electronic gadgets, such as:

  • Sensor-fitted gloves
  • Helmets having a special screen

These environments are self-contained and thus, do not allow people to have direct interaction with the real world.

Trademarks

Usage of third-party marks is the main thing people need to consider in association with trademarks related to VR. Virtual Reality technology-based service providers who want to deploy third-party marks on their headsets or in their content should use them after getting permission from the owner. As the incidental inclusion of Registered Trademarks is not always fair, sometimes it may result in Trademark Infringement issues. Hence, it is better to use the marks after being permitted.

If any entrepreneur provides VR service by using a mark in the course of trade for driving commercial benefits, then he or she appears to (intentionally or unintentionally) infringe that mark. For instance, if a service provider (in a fashion-based VR or a game) starts selling an item having a third-party mark on it, he possibly infringes the trademark. It is true even in cases where the businesses use virtual currency.

Copyrights

No matter, whether you are using or not using the copyright-protected assets in the course of trade or anything else, accessing the assets without being allowed by the owner can lead to Copyright Infringement. VR environment facilitates the users with a lot of options to utilize the original creative images, text, videos, and music, but with the considerable risks of infringing others’ rights.

VR software also allows businesses to use the work by altering or modifying it. As per the fair use doctrine, people can deploy or change copyright-protected assets without seeking permission from owners. But note that this policy is not applicable everywhere and thus, can make the users face legal concerns in many cases. Therefore, it is vital for the service providers to use, change, or reproduce the work after attaining permission for the same.

Conclusion

Everyday news, rapidly growing usage, and many other things regarding virtual reality are resulting in predictions that it could be the next big thing, which will serve the digital market with remarkable benefits. But as the legal considerations around this technology and their implications are continuously increasing, there is a dire need to understand it in the context of Intellectual Property Rights (IPR).Not just trademarks, copyrights, and patents, but many other legal subjects, including product liability, data protection, etc., are also related to the new virtual reality age. For more visit: https://www.trademarkmaldives.com/