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/

Delhi HC Restrains Prasar Bharati from Infringing the ‘Dish TV’ Trademark

Trademark Infringement

The Delhi High Court (HC) has recently restrained Prasar Bharati from infringing the trademark of Dish TV. Justice Rajiv Sahai Endlaw has passed an interim order in which he said that during the suit’s pendency, the public service broadcaster was restrained from continuing Trademark Infringement of the mark “Dish” of Dish TV India Ltd for its DTH (Direct to Home) service. He ordered the defendant to stop using any mark, including the word DISH, whether it is DD FREE DISH or other.

The Judge expressed his disappointment and said he was dismayed that a famous public sector enterprise is infringing another’s trademark and on being objected, refused to act reasonably.

The High Court continued by saying that at least now the officials responsible for conducting the business of Prasar Bharati are expected to pay attention to the matter and take call, whether it is worth opposing the case or not. Prasar Bharati has three months to bring up a new name in front of its subscribers and customers.

Senior advocate Sandeep Sethi and lawyer Sudeep Singh representing Dish TV have filed the case for a permanent order to restrain the defendant from offering its services by adopting a name, including DISH.

On the other side, Prasar Bharati refuted the case saying that DD Free Dish is quite different from DISH TV, and thus holds no possibility of misleading anyone. Moreover, DISH is a general word that describes equipment, which functions by receiving signals from satellite and no DTH platform can work without Dish Antenna.

The court disagreed with the argument of the defendant and continued that although the mark of Prasar Bharati holds the word ”DD”, which in all senses is associated with Doordarshan, there is no assurance that the same cannot confuse the consumers. Though a bit similar yet the mark can break the connection or fade the identity, which is there in the consumers’ minds. It is possible for the subscribers and consumers to come across a misconception that the complainant, in association with Doordarshan, is offering certain channels for free. Apart from this, such association can result in several opinions that uplift the consumers’ desire for getting the plaintiff’s services for free, thus raising issues for complainant.

At last, the court said, Trademark Law emphasizes preventing such happenings and therefore, on finding the possibilities of such opinions, it has to come to action and stop infringement.  For more visit: https://www.trademarkmaldives.com/

Role of Copyrights in Social Media

Intellectual Property Rights

In today’s digitally equipped world, social media plays a significant role in the success of businesses. Having many existing users, along with adding more regularly, it provides the companies with remarkable opportunities to get more traffic and customers. Undoubtedly, by sharing images and content on social media sites such as Pinterest, Twitter, and Facebook, businesses can make considerable profits. However, to keep everything going smoothly, the firms need to be cautious while posting on social media; else Copyright Infringement can bother them.

The blog includes many facts regarding social media sites, copyright policies of these platforms, and tips to keep copyright infringement issues away.

Copyrights and Social Media

A few years ago, the copyright process was easy. However, with the advent of the internet, advancements in cyberspace and social media that made stringent laws to settle down at a back seat for controlling businesses’ progress, the process turned difficult.

Are you an entrepreneur and want to stay away from online embarrassment and costly litigation when you use social media sites to promote your business? You need to have a precise and comprehensive idea about Copyright Laws and what you write or post online.

Social media sites like Twitter, Facebook, and others may let you proceed with the copyrighted material. But, as these platforms don’t own the content or image you post, rights related to copyrights lie with the owner. Agreeing to the terms and policies shows that you are giving license to the sites to use your works. Each site is available with different agreements.

The below examples of Facebook (FB) and Pinterest will help you in getting a clear idea of how copyrights work with social media.

Facebook: FB’s service terms explain that all rights to your post lie with you; no matter whether it holds an image or content or both. Just by enabling the privacy and application settings, you can control how the posted content will be shared. FB offers terms and conditions even for the content protected by Intellectual Property Rights (IPR).

Pinterest: Policies of this site state that it can use your content if you agree to its terms and conditions. Pinterest copyright statement includes a link that facilitates you to file a complaint or case against people who violate your copyright.

Tips to evade copyright infringement on social media

  1. Receive permission

The safest way to use copyrighted content or image is to get permitted by its owner. Once allowed, you are free to utilize the image or content without any fear.

  1. Prefer public domains

Selecting images from sites that are free from copyright restrictions is also a fruitful way to keep infringement away. On the internet, a plethora of websites are available with images that you can use without facing any legal issue.

  1. Give credit

If you are not able to reach the owner and seek his permission for using the content, it is better to give credits by attaching a link tothe source in your post.

  1. Overview ownership rights

Going through all the ownership rights on social media sites is essential. Apart from these rights, you should also overview the guidelines on safe usage of the copyrighted material.

  1. Believe in purchasing

There is no harm in paying some cents for purchasing copyrighted content as it will keep you far from expensive legal problems. iStock, Shutterstock, and Bigstock are a few websites offering good images at reasonable charges.

Conclusion

Social media posting is one of the trendiest strategies that can make your brand visible worldwide. However, if you want to avail the best possible advantages from this advanced strategic approach, you need to be meticulous about the most common issue – copyright infringement. Moreover, you have to be familiar with all the essentialities for safeguarding your material from its unauthorized use. 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/