Does the Use of TM on Google Ads Program as Keyword Constitute Infringement – Delhi HC to Consider!

The question of whether or not a trademark’s use on the Google Ads Program as a keyword would constitute Trademark Infringement is all set to be duly considered by the Delhi High Court.

Justice Prathiba M. Singh will be making a formal judgment on the said question while dealing with a lawsuit filed by Upcurve Business Services Pvt. Ltd., which is a company specializing in the travel business. Upcurve operates a one-stop travel website by the name of ‘’ and has also won several awards.

The lawsuit involved the plaintiff’s (Upcurve) mark ‘udChalo,’ which is registered in Class 39, relating to both online and offline travel arrangements, booking of seats, including air ticketing, flight booking, tours and travels, and so on.

According to the plaintiff, the defendants in the lawsuit include Easy Trip Planners Pvt. Ltd. ( and, both of which were accused of using the term ‘udChalo’ as a keyword on the Google Ads Program to attract online users to their respective websites.

After recording Easy Trip Planners’ recording, the Court had earlier passed an order restricting it from using the plaintiff’s trademark as a keyword. Since wasn’t represented in the Delhi HC, the Court was forced to grant an ad-interim injunction to restrain it from using the plaintiff’s ‘udChalo’ mark as a keyword for promoting its own travel business. Consequently, the Court opined that the use of the mark ‘udChalo’ by would constitute trademark infringement. The Court noted that since was involved in the business of travel services, its use of the mark ‘udChalo’ as a keyword to promote its business would be a violation of the plaintiff’s exclusive Trademark Rights.

Concerning whether or not the matter in question would constitute trademark infringement in law and whether or not the use of a trademark as a keyword would constitute a violation of the Trademark Law, the Court has ordered that the same shall be treated as a part-heard.

Last year in November, the Delhi HC had noted that the search engine giant Google couldn’t exonerate itself from taking the liability of making sure that a keyword doesn’t constitute an infringement of a trademark.

Justice V. Kameswar Rao had also observed that permitting individuals who are not the rightful trademark owners to choose or use a keyword that is a Registered Trademark or use some parts of the trademark interspersed with generic words in the Ad-text or Ad-title may constitute trademark infringement or passing off.

Furthermore, the Court had noted that the use of registered trademarks as keywords amounts to ‘use’ in the course of trade in terms of the Indian Trade Marks Act of 1999. For more visit:

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8 Significant Trademark Terms You Must Know

In the present era of rapid advancements and cut-throat competition, the importance of Intellectual Property (IP) is exponentially increasing. Besides significance, thefts and unauthorized uses of IPs are also multiplying, thus making the owners think about the protection of their valuable IP. Amongst the several ways in which one can safeguard his/ her IP assets, trademark registration appears to be the easiest one when it comes to the protection of the businesses’ unique brand names, logos, or slogans. Apart from preventing the use of one’s hard work without his/ her permission, the trademark serves him/ her business with remarkable goodwill and reputation. And this is what makes it the foremost choice of many entrepreneurs and companies worldwide.

Trademark is assuredly emerging as one of the excellent kind of IP and interests more and more businesses, you still need to comprehend some frequently used terms while planning obtaining protection for your mark. In this article, we will explain a few important trademark terms in simple and understandable language.

  1. Trademark

 It can be anything like a sign, symbol, name, sound, or word that distinguishes its proprietor’s products or services from that of others.

  1. Class

A trademark class represents a distinct group of goods and services. As per the NICE Classification, which is an international classification system followed by most registries, the class of goods and services to which the trademark pertains must be specified in the application. There are many trademark classes, and each class holds various goods or services, which are not always obvious from the class name. Under NICE Classification, goods and services are divided into 45 classes, out of which 1-34 define goods while 34-45 include services.

  1. Priority Claim

Priority claim refers to a right given by the majority of countries worldwide to the applicant of a trademark that has been filed for the very first time. Under this, the applicant applying for registration of a mark for the first time is granted the right to claim priority while filing applications to register the same mark in other countries within six months from the date of the first filing. If priority is claimed, the second application would be considered as having been filed on the same date of the first filing. As a consequence, the applicant will enjoy prior rights against applications filed by other parties from the date of filing in the first nation.

  1. Infringement

Trademark Infringement is an issue, which occurs when a mark that’s identical or confusingly similar to another company’s trademark is used without the owner’s permission.

  1. Trademark Journal

 It is where the mark is published if the application hasn’t been refused by the duty officer during the trademark registration process. In this way, the Trademark Law provides the public with a legal opportunity to file an opposition against the registration of the associated mark. Note that the opposition should be filed within a limited period before Trademark Protection is granted.

  1. License

It is an agreement amid a trademark owner (licensor) and another party (licensee), where the licensor allows the licensee to make specific and limited use of his/ her trademark. These licenses are often subject to royalty payments.  

  1. Symbols ® and ™

The symbols ® and ™ represent that the term on which these are put is someone’s trademark. ® means that the trademark is registered with the associated registry, and this symbol cannot be used before the Trademark Registration Process is completed. However, ™ can be used if the company is using its mark as a trademark even though it hasn’t yet applied for their mark.

  1. Distinctiveness and descriptiveness

As the prime purpose of a trademark is to identify its origin, it must be distinctive to the consumers to be accepted by the registry. In general, arbitrary trademarks like Blackberry and fanciful trademarks like Nike are considered as the most distinctive ones. Along with being distinctive, your trademark should be descriptive, i.e., it describes some characteristics like the quality, quantity, value, origin, or intended purpose of the goods or services. Descriptive trademarks cannot be secured as a trademark unless their extensive usage enables them to have acquired distinctiveness.

The above information will hopefully prove beneficial for you, no matter whether you want to register your trademark or provide your Registered Trademark as a license to any third party. In other words, the data will help you in protecting as well as monetizing your trademark. For more visit:

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Protection of GUIs as Industrial Design Patents

GUI (Graphical User Interface) design is an emerging player in the technology industry, and more so in the world of patents. For companies that are in the business of selling goods and services through websites over the internet, GUI plays a vital role in attracting their consumers. Hence, the GUIs, which often exist in the form of simple icons, visual signals, and screen layouts, have become invaluable and beneficial Intellectual Property (IP) assets that represent a business’s brand identity and goodwill. Like other assets, these GUIs are also vulnerable to get infringed, i.e., copied and used by unauthorized users. Hence, the companies, which rely on GUIs to make profits by attracting and making consumers buy from them, need to protect their GUIs. In this article, we’ll explore how Industrial Design Patents can protect GUIs, thus making them vital components of any robust IP strategy.

Depending on several aspects, different countries have different rules and laws for the protection of GUIs. In general, GUIs may be secured under Copyright and Trademark Law, but Design Patent Protection offers distinct advantages over many other forms of IP protection.

  • Design patents can protect icons and screen designs that don’t function as trademarks.
  • For obtaining protection by the Registration of Industrial Design Patent, there is no requirement of creativity, as in the case of copyright.
  • Design patents possess validity. It means although the term of a design patent registration is limited to 15 years, it rarely outlives because of the driving nature of design, especially in the graphic user interface area.
  • Unlike copyright or several other Intellectual Property Rights (IPRs) where fair use defense exists, design patent infringement isn’t available with this defense.
  • Design patent rights are easier to enforce than trademark and copyright, as no consumer survey or copying is required to prove infringement.
  • The measure of damages is a remarkable advantage. For instance, according to the rules for design patent damages – an infringer shall be liable to the patent owner to the extent of his total profit; whereas, Copyright Law limits the damages to the defendant’s profits attributable to the infringing component.
  • A design patent cannot just expand the intellectual property portfolio of the company but also increase its future asset value.

Significant Aspects Associated with GUI that Are Protectable as Design Patents

  • Firstly, novel icons related to GUI are protectable as design patents. These icons are the visual representations that display the subject matter related to the application. For example – an envelope representing e-mail, camera lens representing a camera, etc. In the case of third-party applications (apps), the app icon appears to be the most vital thing with which that particular company can convey its brand. Hence, protecting the app icon with the help of the design patent is of great importance.
  • Secondly, the GUIs that you can view when the app gets opened are also eligible to be protected as design patents. For instance, on clicking the icon, you can open the app and see the GUIs inside. At this stage, the novelty aspect is all about the GUI’s layout that includes the specific location of each element, which is also protectable. For instance, on opening a camera app, you can see the control and settings buttons displayed in a specific layout. All these are protectable as long as they are novel and nonobvious.
  • Finally, animation related to GUI is also protectable. For example, when you click on the settings of the camera app, the screen often slides to either right or left off the settings page. This type of movement in the app is protectable as a design patent. One common example of protection of such movement in GUI is the Apple ‘Cover Flow’ design patent, which safeguards flipping through albums in the music player interface and iTunes.

GUI is a booming technological area, and if we talk about GUI patents, then it is true that a major portion of the total design patent filings made worldwide is related to GUIs. Moreover, the number has been rapidly accelerating. The protection of GUI is an imperative type of Intellectual Property Protection that a developer should obtain to protect the company brand. Because of the continuous and rapid technological developments, it is expected that the future will see GUIs as essential assets for any business that wants to interact with its audience. That’s why almost all, including people, companies, national to International Industrial Design Registration service providers, etc., believe that the GUI protection must not be limited only to the software world, rather all industries should consider protecting GUIs strongly.

Design patents are what offer unique rights/ protection against GUI counterfeits and third parties, whose mimicking designs may cause the likelihoods of confusion. Furthermore, they can even help the owner to increase the value of his/ her IP portfolio, and thus, attract investors. For more visit:

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TM and R: What Role These Trademark Symbols Play In IP Industry?

Trademark, also written as trade-mark, is any word, name, design, symbol, or combination thereof used to indicate the source of products to identify and distinguish them from goods of others. Undoubtedly, the definition of this exclusive Intellectual Property Right (IPR) is clear to most of us, but what about the vital elements related to it. Besides, queries like whether you can use a specific mark and when can you file a trademark application, there are several areas of trademarks around which confusion abound. One remarkably confusing area is TM and R symbols. People often appear confused with what these two trademark symbols represent, when should one use them, etc.

What do TM and R Symbols Represent?

The TM symbol, which can be used by any individual or company, indicates that a particular word, logo, sign, or phrase is a trademark intended to work as an identifier for the source of the relevant product or service. To use a TM symbol, the owners don’t need to have a Registered Trademark. In general, many companies opt to use this symbol for new goods or services in advance of and during the Trademark Application Process.

On the contrary, the R symbol indicates that the specific word, phrase, logo, or sign is a Registered Trademark, and only the owner or licensee has the legal rights of ownership to use it. It must be used only in the regions in which the owner possesses a valid Trademark Registration.

Can TM and R Symbols be Used at Any Time?

The precise answer to this question is both yes and no. In the case of the first one, i.e., TM, where you want to use a word, phrase, sign, or logo as a trademark intending to identify your company as the source of products or services, you are free to do so any time. As per some privileges under the common law of many companies, you can use TM symbol without applying to register a trademark. However, it enables you to obtain the protection, which is quite lesser as compared to that you could have enjoyed as the owner of a registered trademark.

In cases where you don’t want to or unable to go for trademark registrations, the use of the TM symbol can be a strategic decision. It allows you to tell the public that you are using this brand as a trademark, which over an extended period, will become recognizable in the marketplace as an identifier for your business. Moreover, it also signifies that you have legalities to protect your brand in mind, and thus, ultimately act as a deterrent to severe Trademark Infringement.

On the other hand, the R symbol can never be used without successfully registering your trademark with the associated trademark office. The use of symbol R on the mark that has not been registered is a criminal offense. Doing so can leave you with penalties or behind bars. Hence, whenever you decide to use a trademark symbol, it is better to proceed after being aware of the rules related to that symbol. Although it is possible to obtain the required information from several sources, knowledgeable IP Lawyers can be the best option. They can provide you with precise info, clear your doubts, and assist you in getting rid of any legal concern if you have already misused any mark.

What Should Be the Location of TM and R Symbols?

The upper right corner of the sign, logo, or word is the most common place to put these two significant trademark symbols. Nevertheless, placement of the symbols on the bottom right corner is also acceptable in cases when placing them on the top don’t appear pleasing.

Bottom Line

Here at the end, you have a wealth of information about symbols TM and R that will help you to secure your valuable assets under the Trademark Protection. Recognize your needs and select the symbol that suits you. Although using the symbols even on the registered mark is not necessary, electing to use them is a good idea as it can prevent issues like infringement, and thus, limit the losses that you otherwise can come across. If you want to know about any other trademark symbol or more regarding these two, then consult an adept Intellectual Property Law Firm. Having years of experience in the Intellectual Property industry, they can serve you with the best possible guidance! For more visit:

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How Can Intellectual Property Protection Benefit Virtual Businesses?

Due to the continuous technological advancements, virtual businesses have stepped onto the path of tremendous growth. Nowadays, it is common to see people working in a coffee cafe or restaurant; instead of an office as earlier. Well, it is the concept of virtual businesses that makes this happen and lets the people work as freelancers, thus serving them with a new sense of freedom while working. Besides, it enables organizations to get their work done even by the people working in other cities. It is also about letting the employees work remotely. All these facts have made virtual businesses one of the best commerce of the present world.

Undoubtedly, virtual businesses are beneficial in almost every sense, but as the virtual data can be copied, altered, and distributed easily in just a couple of minutes, ensuring the protection of the work associated with the virtual world appears a bit complicated. In these instances, Intellectual Property Protection comes up as the most effective shield to prevent the unlawful copying and use of any material accessible over the internet without seeking the permission of the original creator.

Why Is Intellectual Property Protection Vital for Virtual Businesses?

Virtual businesses often operate on working models focused on their online presence. Hence, the assets like website, app, or other that influence one’s online presence are of great importance. Unfortunately, the Internet and rapidly advancing technology have made the theft and imitation of such online assets just a matter of some clicks, thus generating a crucial need for a robust shield to safeguard them. No doubt that there are several ways to keep the online data secure, but what could be more effective than intellectual property protection. It bestows you with the Intellectual Property Rights (IPRs) that are beneficial in not just preventing replication or misuse of your IP but also making the infringer pay for the damages to your business due to the infringement.

Who Can Own the IPRs on a Website?

A website, which acts as a foremost tool to promote the business for sales generation, is the biggest asset of any company. As this imperative tool generally includes several elements provided by different people like designers, content developers, etc., it is not necessary that a site owner owns exclusive rights on every component. Therefore, it is essential to determine what rights a site owner can own, along with how to protect them.

In general, the right to enjoy the exclusivity remains with the employer instead of the employees who are employed to develop the website. However, as the Intellectual Property Law varies from nation to nation, this right may also change as per the country. So whenever you decide to obtain legal ownership over your website, it will be in your best interest to consult an IP Attorney.

What Elements of Your Website Can You Protect?

The intellectual property industry has multiple heads to ensure the protection of various elements of your website. Technical tools and software can be protected by Patent Registration. However, the website’s design, which is the expression behind the idea of creating a site, can be secured under Copyright Protection. Copyrights are applicable also for the security of the website’s content, including images, blog posts, and more. Software that includes text-based HTML codes can obtain the protection under Patent Law or Copyright Act, depending upon the nation where the website is functioning. Trademark Law protects the website’s name, logo, products, and other unique signs visible to the viewer. Computer-generated graphic symbols, user interfaces, displays, & even webpages need to be protected under Industrial Design Law. Trade Secrets Law, as the name depicts, is available to safeguard the site’s hidden or confidential aspects, whose disclosure may lead to secrecy violation of the particular firm.

Wrapping Up

As mentioned earlier, the virtual business industry is one of the most rapidly growing sectors. While dealing in such a continually advancing and competitive industry, it is not uncommon for you to find your work violated by someone. Besides, there are possibilities that you may unknowingly infringe others’ IP. IP protection helps you in not just evading such issues but also ensuring safer online transactions in your business. So, if you are planning to come up with a website, make sure to secure it with suitable IPRs. Hopefully, the aforementioned information will prove helpful to you. However, if you are looking for additional information related to the IP industry and virtual businesses, it is better to consult an experienced IP Lawyer or IP Law Firm. For more visit:

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How Copyrights, Trademarks, and Patents Differ?

Intellectual Property Rights

A common question whether Copyrights, Trademarks, and Patents are the same or different often hovers over our minds. The main difference between these three common forms of Intellectual Property Rights (IPR) is that they protect different assets. In today’s competitive era, clear information about copyright, trademark, and patent, and how these differ from each other is essential for protecting your business from infringement issues.

What is Copyright?

Copyright is a type of IP protection that includes the right to secure your original work, including content, images, and everything you put online, on paper, or elsewhere. Copyright encompasses the right to:

  • Reproduce the work,
  • Produce derivative works,
  • Distribute and advertise copies,
  • Represent and perform the work publicly.

Copyright Registration will bestow you with full control over how your assets are made available to others. To ensure complete protection of your copyright, you must register it with the government. Otherwise, you will be unable to sue people or companies for Copyright Infringement.

What is a Trademark?

A trademark refers to a word, symbol, phrase, or logo that recognizes and distinguishes the source of one product or service from others. Trademarks have goodwill associated with the products and services, which further helps the customers in finding their desired products.

Examples of some common trademarks are as follows:

  • Words such as Nike
  • Logos such as the swoosh
  • Slogans such as Just Do It

Apart from giving the ability to sue the unauthorized user, Trademark Protection empowers you to grant permission to others for using your Intellectual Property.

What is a Patent?

A patent is a limited duration IP right that safeguards your inventions by not allowing others to use them.

Patent Law encapsulates:

  • New and useful industrial processes,
  • Machines,
  • Manufactured products,
  • Chemical compositions,
  • Developments in assets.

A patent right gives you the complete authority to prevent others from using or selling your invention. All the responsibilities from implementing the patent law on discovering any infringement to bring the defendant in a lawsuit lie with you.

How Copyrights, Patents, and Trademarks are Different?

i) Assets Protected 

  1. Copyrights protect the original material of the owner, for example – books, images, blogs, etc.
  2. Trademarks secure words, symbols, or phrases that distinguish a company’s assets from others.
  3. Patents ensure the protection of inventions, including processes, manufactures, machines, compositions, and improvements.

ii) Requirements

  1. For attaining Copyright Protection, you should provide original and creative work.
  2. To get your Trademark Application registered, you need to ensure that the mark identifies the source of your product.
  3. While applying for a patent, you should make sure that your invention is new, non-obvious, and valuable.

iii) Terms of Protection

Terms of Protection for intellectual property rights are country-specific. For example, in India:

  1. Copyright rights are valid for the duration, including your (owner’s) life followed by sixty additional years.
  2. Trademark Protection extends for 10 years from the date of application.
  3. Patents last for 20 years.

iv) Rights Granted

  1. Copyrights grant the license to use, disseminate, and publicly display your copyrighted material.
  2. Trademark grants the license to prevent businesses or people from creating confusion because of using marks similar to an already existing trademark.
  3. Patents grant the license to prevent others from using, selling, or importing your invention.


Due to rapid technological advancements, not just the businesses are developing but also the issues like infringement and fraud are increasing. Hence, there is a dire need to protect your intellectual property, which is possible with proper knowledge regarding all types of IP. For more visit:

Offwhite Sues Virgil Abloh Alleging Trademark Infringement

registered trademark

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

The complaint filed on Sunday in Federal Court includes claims:

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

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

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

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

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

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.


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:

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:

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: