Thursday, September 18, 2008

SCRABBLE vs. SCRABULOUS

Everyone knows the game SCRABBLE. We all would have played it sometime. Two brothers brought out an online version of it known as SCRABULOUS. The owners of scrabble filed a suit against them for violation of trademarks. The court came out with the decion in favour of SCRABBLE and ststed as follows: 

(i)The defendants (Agarwala brothers) were restrained from using SCRABULOUS, SCRABBLE or any other deceptively similar trademark.

(ii) The brothers were also restrained from metatagging, hyperlinking or including the infringing trademarks in the source code of their websites.

(iii) The court disagreed with the argument of the defendants that the mark SCRABBLE was "generic" in nature and therefore could not be protected.

APEDA ACT AMENDED

The union cabinet has approved the amendment to the Agricultural and Processed Food Products Export Development Authority Act (APEDA Act) vesting  it with statutory authority for registration and protection of intellectual property rights or similar rights (including geographical indications) in the special product names in India and elsewhere.

According to the amendment, the registration of basmati rice, etc. as a geographical indication under the geographical indications of goods (registration and protection) act 1999 can be initiated and APEDA can effectively protect the geographical indication in India and abroad.

INCREASE IN PATENT APPLICATIONS

According to the Department of Industrial Policy and Promotion (DIPP) and Intellectual Property Rights (IPRs), the filing of patent applications has increased from 4824 in the year 1999-2000 to 28,882 applications in the year 2006-2007. As against 8,010 trademark (TM) registrations in 1999-2000, 109,361 TMs were registered in 2006-07. Also, the filing of applications for design has increased from 2874 in 1999-2000 to 5372 in 2006-07.

GI STATUS FOR PASHMINA

The GI Registry has granted GI status to Pashmina. This means that from now on all fine wool will not be known as Pashmina. Pashmina will be used only for that kind of wool which is made from the Pashmina goat in the Kashmir valley. The GI status was granted on Sep 12, 2008.

Pashmina is a kind of cashmere. Pashmina shawls are sold all over the world and the industry brings in around Rs 350- 360 crore for artisans in Kashmir.

Pakistan had filed an objection to the registration saying that they too produced the same kind of wool. A consultative committee set up for the purpose rejected the objection.