Professional Documents
Culture Documents
and
IP Management
By
Kalyan C. Kankanala,
Brain League IP Services.
Equitable defenses
• Laches
• Acquiescence
• Geographic remoteness
Related actions
• Trade Dress
• Counterfeiting
• Trademark Dilution
Tarnishment
Blurring
Trademark Dilution
• Inherent or Acquired distinctiveness
• Duration and extent of use
• Duration and extent of advertising
• Geographical extent of the trading area
• Channels of trade
• Recognition of the mark
• Nature and extent of use of the same or similar marks
• Registration
Other Actions
• Cyber Squatting
• Passing off
Passing off
• Reputation or good will
• Misrepresentation
• Likelihood of confusion or Deception
• Damage
Rediff v. Radiff
• Deceptively similar
• Same services
• Shopping
• Cricket scores
• Held as passing off
• Deceptive
Akash v. Yahoo
• Yahoo India
• Intention to deceive
• Injunction granted
• Liable for passing off
Microsoft case
• Microsoft.org
• Held liable
• Deceptive intent
IP Management
IP Policy and Process
• Overall goal
• In tune with business goal
• Mechanisms
• Processes
Protection and Maintenance
• Steps
• Roles
• Renewals
Commercialization
• Self exploitation
• Licensing
• Assignment
• Pools
• Blocking
• Open source
Litigation
• Invalidity
• Declaration
• Infringement
Thank you.