Wednesday, May 25, 2011

Motorola has been sued for using the Xoom name for their tablets

Motorola has been sued by Xoom Corporation over the use of the name Xoom for their newly released Tablet. Xoom Corp. a San Francisco based company, has sued Motorola over a Trade Mark infringement of their Xoom trade mark. Xoom Corporation in their suit claimed that the mark Xoom if adopted by Motorola will cause confusion and mislead consumers into believing that there is a false association between the two.
Xoom Corporation also claimed in their suit that Motorola has obtained the Xoom keyword from Google and that if a search is to be made on Google using the Xoom Keyword, the search result would reveal Motorola’s Xoom Tablet on top of all other search items. Xoom Corporation is involved in money – Transfer business and applied for their Xoom trade mark application in December, 2004. The Xoom .Com domain was registered way back in 2003.
Motorola applied for the Xoom Trade Mark in October, 2010. As they were yet to use the Xoom trade mark they filed the application on the basis of ‘intent to use’.
The Trade mark infringement suit brought by Xoom Corporation against Motorola was initiated before the United States District Court for the District of California requesting temporary restraining order and preliminary injunction.
Summary: Motorola has been sued by Xoom Corp. over the use of their Trade Mark Xoom for tablets. Motorola filed a trade mark application for the trade mark Xoom in October, 2010. However the domain was registered in 2003 and they filed their trade mark in December, 2004.

Tuesday, May 17, 2011

Our Achievements

Biswajit Sarkar was founded in 1991 at a time when Intellectual Property was in the process of being repackaged and evolving to meet the challenging situation thrown up by the formation of the WTO. Before the advent of WTO, the field of patents and trademarks was largely restricted to the registration process and defence of infringements.

The emergence of the WTO has thrown up immense and tremendous potential and possibilities for protection of branded trademarks worldwide under the generic name of Intellectual Property.

Intellectual Property is a diverse field with undefined boundaries. There are many areas of specialization such as trademarks, patents, copyrights, industrial designs, service marks, geographical indication, licensing agreements, franchisee agreements, collaborations, joint ventures, insurance, etc

Biswajit Sarkar has endeavoured to keep pace with the rapidly changing scenario in Intellectual Property. Today , Biswajit Sarkar is a multi discipline organization engaged in multifarious activities.

We are empanelled with various consulates and leading industrial houses in the country.

We have an international presence with representative offices in Tokyo, Seoul, and Toronto to cater to international demand for our services. The addition of Taiwan and Melbourne offices is in the pipeline

We are regularly invited by various law institutes to give presentations at their seminars on Intellectual Property. We are continuously taking law students under our wings for internship.

We also believe in giving back to society. The firm is engaged in social services and philanthropic activities. We feel humbled to volunteer our services for the Missionaries of Charity ( the organization founded by Mother Teresa)

Sunday, May 15, 2011

Microsoft sues over Patents

Microsoft has initiated a suit against Barnes & Noble for allegedly infringing their patents. The Patents are being infringed in relation to the operational aspects of their Android based Nook e- reader. Other companies who have aided in the production of the Nook e- reader such as Foxconn and Inventec are also being sued by Microsoft.
Microsoft has claimed infringement in the method of interacting with the devices by means of using the tab function through various screens, functionality of surfing the web speedily as well as interaction functions with documents and e-books.
.Microsoft confirmed that they had tried to reach an agreement over the licencing with Barnes & Noble, Foxconn and Inventec, however refusal to take licences left them with no other alternative than to institute legal action.
Microsoft has previously taken legal recourse against Motorola over some patented features in their Android device.

Thursday, May 12, 2011

Fuji Film Corp. wins infringement battle

Fujifilm Corporation has won a long drawn patent infringement suit against St. Clair Intellectual Property Consultants Inc. St. Clair first filed the suit against Fujifilm on February 28, 2002 in the Federal District Court in Delaware. St. Clair claimed that four of their United States patents were infringed by Fujifilms digital cameras.
The District Court vide a jury verdict held that all the patents were infringed by Fujifilm.
Aggrieved by the verdict of the District Court ,Fujifilm appealed to the Federal Circuit against the District Courts verdict requesting them to reverse the verdict. Meanwhile, St. Clair filed another suit against Fujifilm Corporation for damage to sales for the same patents for a period of seven years.
Finally, in January, 2011 a decision was reached by the Federal Circuit Court of Appeal that acknowledged Fujifilms claim that the District Court had erroneously interpreted the patents owned by St. Clair.
In March , 2011 the Federal Circuit turned down a petition from St. Clair for rehearing the matter and directed the District Court to pass a judgment in favour of Fujifilm.
In the past Fujifilm has been among the top 20 companies in the world to be granted United States Patents.