Flirtey Wins a New Patent Critical to the Safety of Drone Delivery

The pioneer of the commercial drone delivery industry, Flirtey, has quite recently won a new patent critical to the safety of drone delivery. The newly granted patent presents the safety-enhancing technologies like landing a drone safely in case of failure with the help of a parachute, which steers the drone towards a safe location.

The Founder and CEO at Flirtey, Matthew Sweeny, said that the company is indeed thrilled to receive another patent, which is vital to the safety of drone delivery. The US Patent and Trademark Office (USPTO) granted the patent to Flirtey recently when it was the time to celebrate the Fifth Anniversary of the

‘Kitty Hawk Moment’ on 17th July 2020. The day marks Flirtey’s first drone delivery on the US soil, in Wise County, Virginia, on 17th July 2015.

Previously, Flirtey had unveiled its next-generation delivery drone, known as Flirtey Eagle, at the National Press Club in Washington, D.C. Now, the company is actively pursuing a Type Certificate for the Flirtey Eagle.

Flirtey’s unique technology is protected by even more than 1,000 issued and pending Patent Claims in the US and other nations across the globe as well.

As an aerospace technology company, Flirtey specializes in providing full-stack drone delivery technology solutions. The company has a mission of saving lives and improving the lifestyle by making delivery instant for everyone worldwide. In 2015, the company first made history by conducting the first-ever FAA-approved drone delivery. In the following years, Flirtey successfully proceeded towards becoming the first unmanned aircraft system company, capable of performing an autonomous drone delivery to a home, and pioneering an AED drone delivery service in the US. The company has efficiently worked alongside NASA, the City of Reno, emergency medical services provider REMSA, Johns Hopkins University of Medicine, and several other commercial partners to come up with the fastest and most effective customer-centric logistics technology around the world. For view source: https://www.trademarkmaldives.com/blog/flirtey-wins-a-new-patent-critical-to-the-safety-of-drone-delivery/

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EU Court Adviser Says YouTube is not Liable for User Copyright Breaches

A European Court of Justice (ECJ) adviser has quite recently stated that YouTube (an American online video-sharing platform) and other online platforms are not at all liable for the users who upload Copyrighted works illegally on their platforms; however, in this scenario, the copyright holders can indeed ask for injunctions against such users. The EU judges, who have followed such opinions in four cases out of five, shall rule on this matter in the coming months.

For quite a while now, the owners of the social media channels and online platforms have found themselves stuck in an issue corresponding to how much responsibility they all should bear for the hateful or illegal content posted on their platforms. The European Commission is now actively looking forward to addressing these issues and concerns by coming up with new rules and regulations, known as the Digital Services Act, at the end of the year.

In a non-binding opinion concerning two cases before the court, Advocate General Henrik Saugmandsgaard Øe said that the present EU rules exempt YouTube and other online platforms from such a responsibility when they are informed of violations and remove them. He mentioned that because of the current EU law, the online platform operators, including YouTube, aren’t directly liable for the illegal uploading of protected or copyrighted works by the users of their platforms. According to him, if the platforms are made directly liable, then there would be a risk of the platform operators becoming the judges of the matter of online legality. Additionally, he said that there would also be a risk of ‘over-removal’ of content by the platforms at the request of the users, which would also lead to the removal of legal content.

The first case before the court revolves around a music producer, Frank Peterson, who sued Google and YouTube in Germany for uploading several phonograms (for which he holds the rights) on YouTube in 2018.

The second case revolves around the publishing group Elsevier’s lawsuit against Cyando in Germany for illegally uploading quite a few of Elsevier’s works on its file-hosting and file-sharing platform, known as Uploaded, in 2013. For view source: https://www.trademarkmaldives.com/blog/eu-court-adviser-says-youtube-is-not-liable-for-user-copyright-breaches/

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How can you Save Time and Money in managing your IP Renewals?

In the scenario where your Intellectual Property (IP) renewals are fast approaching, you may end up looking out for a few management ways, using which you can efficiently save both time and money for your business. There are a lot of tips ranging from filing the IP renewals as quickly as possible to outsourcing the overall management of your renewals altogether, which can have a positive impact on the time and money you spend. So, now is the time to have a look at these tips one by one.

1.     File your IP renewals as quickly as possible

Although it may appear to be a pretty straightforward tip, filing all your IP renewals on time is a brilliant way of ensuring that you save yourself both on time and money. Managing all your IP renewals on time implies that you proactively avoid the imposition of late fees, which is the additional financial sanctions for companies and organizations filing their IP renewals post the renewal deadline. For instance, let us consider the scenario of the EUIPO, where there is a grace period of six months post the renewal date within which you can still get your trademark renewed; however, this grace period, at the same time, also implies that businesses become subject to an additional 25% charge.

Besides saving money, filing your IP renewals as quickly as possible also makes the overall process faster by the straightforward fact that it doesn’t get drawn out over a long period. Without any second thoughts, renewing your IP as soon as you get a notification from the relevant authorities implies that the matter is closed for a substantial period, which is usually ten years for a trademark.

It is always highly advisable to consider your circumstances before filing your IP renewals. The reason behind the same lies in the fact that there may be a few IP assets, which couldn’t prove to be profitable during the previous term. In this scenario, you can give a thought to abandoning such assets as well and saving both time and money. However, if we consider the inexpensive nature of IP renewals, we can conclude that the abandonment of assets, partly or altogether, may not prove to be a viable option as the IP assets never become so unprofitable that you end up not renewing them. All in all, you can find greater savings in delegating the overall management of your IP renewals.

2.     Outsource the IP renewals process

If your business company or organization has an in-house legal department, which handles the management of renewals along with other legal concerns, then it is always a good idea to assign the task of managing IP renewals to external IP experts or specialists. By doing the same, you will be able to save time on two fronts – firstly, the renewals will be completed quickly, and secondly, delegating this task will allow your in-house team to focus on other legal matters. Hiring an external IP expert can prove to be cheaper too as such agents usually agree on a fee at the outset for the work completed. Apart from the benefits of saving time and money, outsourcing the management of your IP renewals will also save you from the stressful process of doing the same all by yourself.

For view source: https://www.trademarkmaldives.com/blog/how-can-you-save-time-and-money-in-managing-your-ip-renewals/

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From Idea to Trademark Registration - How can you come up with a Brand Name?

If you have a new product, you undoubtedly need a new name. However, this statement is not as straightforward as it appears if you want an effective way of coming up with a brilliant brand name for your business. It may be a result of a reactive approach, wherein you wait until the product is almost ready to get launched before working hard on the same; however, the best practice always lies in being proactive. If you start working on the brand name before the product is realized, you will be able to save a lot of time and achieve the best possible outcome. To be specific, you need to involve with your product teams right from the beginning and ensure that all the legal and marketing functions are performed well.

With a new brand, it is always highly advisable to choose multiple potential names, that too, at the beginning of the process itself. The names should be selected based on a few criteria, including what the brand is for, which jurisdictions it needs to operate in, and how the brand name intends to engage the customers. It is a matter of fact that yes – the different parts of a business will most probably have different priorities for a brand name, and managing all the competing desires is a part of the overall process.

After shortlisting the brand names, you need to undertake multiple checks, which are as follows:

1.     You need to perform a Trademark Search, which can either be done in-house or with the help of an Intellectual Property (IP) It is imperative to check whether the names you want are available or not and whether they can be protected in the jurisdictions you are aiming for in your overall strategy.

2.     It is essential to think about all the countries and regions where you wish to use the brand name and also check for meanings in their local languages. In the past, several companies and organizations have made a lot of errors by launching brands with unintended and offensive meanings in other languages.

3.     In some industries like the pharmaceuticals, there may be regulatory constraints corresponding to the way you can name a product, which you must keep in mind.

4.     Without any doubt, there is a dire need to identify all your key markets and then create a filing strategy to protect the brand name.

In some industries, in particular, companies face challenges with brand names, specifically when we talk about name creation. In the fashion industry, for instance, the life span of a brand can be pretty short, and there is indeed no way of knowing how successful a particular brand can become. Consequently, you may require a high volume of brand names while operating in this industry. Another thing to notice in the fashion industry is that the companies need to develop the brands very quickly as they have to launch new ones every season. The same can put a lot of stress on a fashion company as the volume of search required in this process becomes high. Nevertheless, with the help of correct resources and a robust strategy, the companies can achieve success in this aspect as well.

If you can navigate well all the potential difficulties of coming up with a brand name, then it becomes a pretty straightforward process. By pooling ideas from the relevant stakeholders before the launch, you will get a lot of time and options for creating an efficient Trademark Registration strategy. However, there are a few pitfalls as well, which you need to be aware of, especially if you operate in a highly competitive environment. It is imperative not to fall into the registration gap, where you own protection in some jurisdictions and not in others. Hence, it is always worth coordinating all your filing efforts to make sure that you file in all your key jurisdictions at the same time. For doing the same, you need to work with the local agents or hire an external partner who will manage the process on your behalf.

Coming up with a new brand name can, at times, seem to be daunting, specifically; if we consider the fact that the brand is the root of a product’s value. But, with the help of the right approach, the process can always be productive and stress-free.

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Glow & Handsome - HUL Seeks Injunction against Emami over Trademark Allegations

Hindustan Unilever Ltd’s (HUL) recent move to rename and rebrand its widely known skincare products – ‘Fair & Lovely’ to ‘Glow & Lovely’ and ‘Men’s Fair & Lovely’ to ‘Glow & Handsome’ – has now landed in the Bombay High Court.

The FMCG major, HUL, has quite recently moved for an injunction against Emami Ltd’s decision to initiate legal proceedings against it for Trademark Infringement. In its petition filed, HUL had sought that it should receive a legal notice at least seven days before Emami takes legal action. The court has now granted the interim relief to HUL.

According to HUL, Emami’s threats of legal proceedings are completely baseless as HUL applied for the trademark in question well before Emami. However, Emami has now been threatening HUL after launching ‘Glow & Handsome’ name change digitally and announcing the same one week before HUL.

In its petition filed, HUL claimed that it had applied for the Trademark Registration of the names of women’s and men’s skincare products with the Controller General of Patents, Designs, and Trademarks, two years ago in September and October, respectively. However, both the trademarks were denied on 26th July 2019.

This year, HUL again decided to rename and rebrand its skincare products for projecting a way more inclusive idea of beauty. The company reapplied for the same names on 17th June and 25th June 2020, respectively. According to HUL, the announcement for the name change was made on 2nd July 2020, and the permission to sell the products under the new name came on 3rd July 2020. In a recent statement delivered, HUL stated that Emami is yet to launch a product under these two names.

After hearing all the preliminary arguments, the court noted that HUL is indeed the prior adopter of the mark as it did file the corresponding Trademark Applications first in September 2018 and then this year on 25th June. The court believes that the statements made by Emami do amount to a threat; however, after hearing both the sides, the court shall soon determine whether they are unlawful or groundless. The court has also directed Emami to give seven days prior written notice to HUL before taking any legal action against it. For view source: https://www.trademarkmaldives.com/blog/glow-handsome-hul-seeks-injunction-against-emami-over-trademark-allegations/

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Emami Raises Objections to HUL Rebranding Men's Skincare Range as 'Glow & Handsome'

Emami Limited, an Indian conglomerate company headquartered in Kolkata, has quite recently raised objections to industry peer Hindustan Unilever Limited – rebranding its skin products in the men’s range as ‘Glow & Handsome’ – by claiming Trademark Rights over the name. The home-grown FMCG has also hinted at initiating legal proceedings as it has already changed the name of its men’s fairness cream to ‘Emami Glow & Handsome.’

In a recent statement delivered, Emami, the maker of ‘Fair and Handsome’  brand of men’s grooming range,  mentioned that the company is indeed shocked to know about HUL’s decision of renaming its men’s skincare range from ‘Fair & Lovely’ to ‘Glow & Handsome.’ According to Emami, it is, at present, the market leader in the field of men’s fairness cream by having legal ownership of all the trademarks in place.

The Kolkata-based FMCG Company also said that it is only shocked and not surprised to observe HUL’s unfair business practice as HUL has been prevalent time and again to damage Emami’s brand image and reputation in the market. The company further added that it would soon be getting in touch with its legal experts to address this issue and related concerns.

The Indian subsidiary of Unilever PLC (a British-Dutch multinational company), HUL, recently stated that it is now rebranding its widely known skincare brand ‘Fair & Lovely’ as ‘Glow & Lovely’ after giving up on the word ‘Fair’ in the name. It also mentioned that its men’s skincare range would be called ‘Glow & Handsome.’

As per various reports, HUL had approached the Controller General of Patents, Trademarks, and Designs, a while ago, to get the name ‘Glow & Lovely’ registered.

Multiple cosmetic brands have been under the scanner for quite a while now over their products that promote skin fairness for stereotyping racial types. Moreover, the same has been intensified further in the wake of the ongoing ‘Black Lives Matter’ protests in the West.

Quite recently, Johnson & Johnson (J&J), the US FMCG and healthcare giant, has also stopped the sales of its skin whitening creams worldwide, including India.

The French personal care company, L’Oréal Group, has mentioned in a recent statement delivered that it shall remove words, like fair, fairness, white, whitening, and so on, from all its range of skincare products.

As of now, HUL has not delivered any comments on the entire matter. For view source: https://www.trademarkmaldives.com/blog/twitter-takes-down-image-tweeted-by-president-trump-over-copyright-claim/

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Twitter Takes Down Image Tweeted By President Trump Over Copyright Claim

The widely known American microblogging and social networking service, Twitter, has quite recently taken down an image shared by the US President Donald Trump from its platform after receiving a complaint of Copyright Infringement from The New York Times (an American newspaper based in the New York City with worldwide readership and influence).

The original tweet by President Trump shared on 30th June 2020, showed a meme with caption – In reality, they are not after me, they are after you, I am just in the way – along with Trump’s image in the background. The background picture was taken by a photographer at The New York Times, to accompany a feature article in September 2015 on then-presidential candidate Trump.

In place of the tweet, Twitter now displays the message that this image has been removed in response to a report from the copyright owner. This step by the well known social media platform, Twitter, is the latest instance of content posted by President Trump, which is, in turn, being removed or flagged, due to what Twitter believes is copyright infringement, violation of its policies, rules, and regulations, on threatening violence, amongst many others. Twitter removed the image shared after it received a complaint from The New York Times concerning the Digital Millennium Copyright Act (DMCA). As per a notice posted on the Lumen Database, The New York Times owns the rights to the image in question. The database efficiently collects and evaluates the legal requests and complaints corresponding to the removal of online materials.

It was in May this year that Twitter began challenging Trump’s tweets and has clashed with him repeatedly since then. The president, on the other hand, has threatened the platform to change its laws after it labeled one of his tweets as inappropriate and hid a tweet about looting, which according to Twitter, fomented violence.

Due to copyright complaints, social media platforms, including Twitter, Instagram, and Facebook, also recently disabled a campaign tribute video to George Floyd, a Black man who died in Minneapolis police custody. For view source: https://www.trademarkmaldives.com/blog/twitter-takes-down-image-tweeted-by-president-trump-over-copyright-claim/

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ProStar Wins Patent For Method That Prevents Damages While Excavating

ProStar, a Grand Junction-based company specializing in the development of precision mapping solutions, has quite recently received a patent for its computer-implemented method, which avoids damages in an excavation area. To be specific, the company has successfully secured a patent for a method, which helps significantly in preventing damages to the environment and utilities during maintenance, construction, and groundbreaking activities along with the damages caused by severe conditions, such as earthquakes, fires, and weather.

The Chief Executive Officer and President of ProStar, Page Tucker, is the co-inventor of the newly-granted patent. In a recent statement delivered, he said that the company is indeed pleased to add another exclusive patent to its Intellectual Property (IP) portfolio. He further mentioned that ProStar’s mobile and cloud precision mapping solutions are recognized as the world’s most advanced utility mapping solutions, and the issuance of another patent in this scenario proves the fact that the company is leading the industry across the globe in terms of research, development, and innovation.

Raymond Tabandeh, who is a partner with the Lewis Roca Rothgerber Christie law firm (specializing in providing an enhanced and expanded range of services in IP, litigation, business transactions, to name a few), prepared and prosecuted ProStar’s newly granted patent. Quite recently, he stated that it is always gratifying to play a crucial role in the issuance of a patent for a client. He further said that the damages to buried utilities during excavation lead to a critical problem in both the United States and Canada, and in every other scenario where excavation is involved – the damage is primarily caused by the lack of availability of qualified data. According to Tabandeh, ProStar’s newly granted patent efficiently addresses all these concerns and issues.

ProStar combines mobile and cloud technologies with patented processes for creating geospatial intelligence software, which helps the government agencies, companies, and organizations in managing underground infrastructure.

For view source: https://www.trademarkmaldives.com/blog/prostar-wins-patent-for-method-that-prevents-damages-while-excavating/

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Digimedia Tech LLC Sues Nikon Alleging Patent Infringement

Digimedia Tech LLC has quite recently filed a Patent Infringement lawsuit against Nikon Americas Inc. and Nikon Inc. by alleging that they have appropriated three of the company’s patents concerning digital camera technology. The patent infringement lawsuit is filed in the Eastern District of New York before Nicholas G. Garaufis (judge). Digimedia Tech is represented by Kent & Risley (a specialty litigation firm dealing with Intellectual Property (IP) and complicated civil cases).

The patents specified in the lawsuit filed are as follows:

• US Patent No. 6,914,635 (the ‘635 patent), titled – Microminiature Zoom System for Digital Camera
• US Patent Nos. 6,545,706 (the ‘706 patent) and 7,715,476 (the ‘476 patent), both titled – System, Method, and Article of Manufacture for Tracking a Head of a Camera-Generated Image of a Person

As per the patent infringement lawsuit filed, the claims of the US Patent No. 6,914,635 (the ‘635 patent) are directed towards the technical solutions for the technical problem corresponding to providing autofocus, zoom, and several other features in the exceedingly compact digital cameras. Another feature claimed by the said patent is image stabilization. The claims of the US Patent Nos. 6,545,706 (the ‘706 patent) and 7,715,476 (the ‘476 patent) are directed towards the technical solutions for the technical problem corresponding to identifying a head in an image.

According to Digimedia Tech, Nikon’s Coolpix P900RM and A1000 digital cameras have infringed upon the patents mentioned above. Among multiple other things and aspects, the A1000 camera has allegedly appropriated the US Patent No. 6,914,635 (the ‘635 patent) by making use of a similar Micro-Electromechanical System (MEMS) support mechanism for offering minimum two positions of movement to a supporting element. Nikon’s Coolpix P900RM has allegedly infringed upon the US Patent Nos. 6,545,706 (the ‘706 patent) and 7,715,476 (the ‘476 patent) as it features a system to process the images for identifying a head portion of a subject in them and a computer program for tracking the head portion of a person in video images.

As a consequence of Nikon’s alleged patent infringement, Digimedia Tech is now looking forward to seeking an award for damages, which according to the company, cannot be less than a reasonable royalty.

For view source: https://www.trademarkmaldives.com/blog/digimedia-tech-llc-sues-nikon-alleging-patent-infringement/

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Huawei Files Trademark Application for Mate Watch Brand

Despite all the ongoing issues at hand, the Chinese Multinational Technology Company, Huawei, doesn’t seem to stop at all. The company refuses to give up at no cost and has efficiently begun its preparations to expand the Huawei Mate lineup with a brand new category of devices.

The Chinese tech giant has quite recently filed a Trademark Application for a new smartwatch known as “Mate Watch.” The trademark is filed under the international trademark classification 9, which includes PCs and various other electronic gadgets. The trademark application is found in the database of authority for registration of trademarks. At present, the Huawei Mate line consists of flagship smartphones, laptops, and tablets.

This year in January, Huawei also successfully registered the MatePod brand, under which the company can effectively begin its production of wireless headphones. As per various reports and speculations, the Chinese tech giant is very much likely to release its new smartwatches under the Huawei Mate Watch brand name. However, it is still not evident as to how the Huawei Mate Watch shall be different from the Watch GT series’ devices. Many experts believe that it may either be a completely new flagship watch series or a simplified continuation of the Watch GT series.

Last year in April, the company came up with the brand new version of the Watch GT2e in the market; however, its top model, Watch GT 2, was released at a later stage in October 2019 in two different sizes – 42mm and 46mm. Therefore, the upcoming smartwatch has only two aspects associated with it – it will be an entirely new, premium device, which will, in turn, either complement the current versions or replace the already existing Watch GT series.

As of now, Huawei has not officially put forward any comments on this matter. Hence, any specific details of the upcoming smartwatch are way too scarce at the moment. It may be possible that the Chinese tech giant has registered its proposed name “Mate Watch” as a trademark only to prevent the other brands in the market from using the same. Besides, it is very much likely for the new Mate smartwatch to make its debut alongside Huawei’s upcoming Mate 40 series later this year. For view source: https://www.trademarkmaldives.com/blog/huawei-files-trademark-application-for-mate-watch-brand/

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