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.

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