ISSUE: November 2024

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Monthly newsletter By R K Dewan & Co.

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Monthly newsletter By R K Dewan & Co.

RKD News

Meet Us at APAA 2024 in Manila

Meet Us at APAA 2024 in Manila! R K Dewan & Co. is proud to announce our participation in the 76th Council Meeting of the Asian Patent Attorneys Association (APAA2024), happening from November 18-21 in Manila, Philippines.

Catch up with Dr Mohan Dewan (Patent & Trademark Attorney) and Dr Niti Dewan (Patent & Trademark Attorney, Head of Patents and Business Development) to discuss the latest developments in global patent laws, industry trends, and the ever-evolving IP landscape.

Don’t miss the opportunity to connect with IP leaders who can provide invaluable insights on pressing IP issues and guide you through evolving policies. For scheduling a meeting, contact dewan@rkdewanmail.com or niti_dewan@rkdewanmail.com.

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Monthly newsletter By R K Dewan & Co.

RKD News

Digital Trends and Intellectual Property Landscape in India

R K Dewan & Co is delighted to share that, recently Dr Mohan Dewan was invited as a distinguished guest to deliver a presentation in Suzhou, China. In his insightful lecture on “Digital Trends and Intellectual Property Landscape in India,” Dr. Dewan shared valuable knowledge with IP professionals and stakeholders. He delved into critical aspects of the Display Sector and Patent Law within the contemporary Indian market, highlighting emerging trends that are shaping the future of intellectual property.

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Monthly newsletter By R K Dewan & Co.

RKD News

Global IP Convention

R K Dewan & Co. is delighted to announce that we are the Advisory Partners for the 17th Annual Global IP Convention! Join us at The Leela Mumbai on January 11-12, 2025, as we come together with leading experts, innovators, and IP professionals to discuss the latest in IP trends, insights, and challenges.

Experience a partnership that empowers ideas, strengthens protections, and drives progress in IP. Register now at https://lnkd.in/djQY8J97 and secure your place among the industry’s best.

At R K Dewan & Co., we are committed to fostering global conversations and sharing expertise in IP law. Stay tuned for more updates on our initiatives and insights!

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Monthly newsletter By R K Dewan & Co.

General IP

Tangled in Domains: The Jio-Hotstar Cybersquatting Case

Cybersquatting isn’t just about domain names but brand reputation and consumer trust. In a recent case, the domain “jiohotstar.com” was registered by a developer aiming to profit from a potential Jio and Hotstar merger. This article explores how such bad-faith registrations exploit brand names, often forcing rightful owners to turn to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) for resolution. With a three-pronged test, the UDRP provides trademark owners a streamlined path to reclaiming their digital space.

This case serves as a powerful reminder for brands to stay proactive in domain registrations, monitor emerging domains, and leverage tools like the UDRP to safeguard their online identity. Read on to understand the nuances of cybersquatting and the tools available to counter it.

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Monthly newsletter By R K Dewan & Co

A View from Afar

Superheroes” No More & Procedure Packs a Punch

Join us in this further instalment of “A View from Afar” as we delve into the decision issued on September 26, 2024, by the United States Patent and Trademark Office Trial & Appeal Board (USPTO), cancelling Marvel and DC Comics’ joint trademark registrations for the word “Superhero.” Marvel and DC, who have co-owned the trademark “SUPERHERO” since 1967, built their vast portfolios of iconic characters—such as Batman, Superman, Spider-Man, and Captain America—around this central concept. The word “Superhero” became synonymous with their brands, representing significant cultural and commercial value. Marvel and DC have actively protected their trademark rights over the years, initiating opposition proceedings against third-party entities attempting to use the word in their branding.

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IP Litigation

The Evolving Landscape of Intellectual Property Rights in Computer-Related
Inventions: Insights from the Blackberry Case

In a rapidly advancing digital era, protecting computer-related inventions remains a nuanced challenge, especially within India’s stringent patent framework. Our latest article delves into the recent Blackberry judgment, which sheds light on the complexities of patenting algorithm-driven technologies under India’s restrictive Section 3(k) of the Patents Act. While the judgment reaffirms India’s stance on non-patentability for algorithms and business methods, it underscores critical lessons in claim drafting, technical contribution, and the inapplicability of inventive hardware requirements. As global innovation accelerates, navigating patent standards for CRIs demands keen insight into local legal interpretations. Read on to uncover how this decision impacts India’s patent landscape for the future of software-driven innovation.

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IP Litigation

Himachal Pradesh HC Notifies IPR Division Rules

 

The Himachal Pradesh High Court has recently notified its Intellectual Property Rights Division Rules, 2022. This makes the Himachal Pradesh High Court the fourth, after the Delhi High Court, Madras High Court, and Calcutta High Court, to have dedicated IPD Rules. The Rules are similar to the Delhi High Court IPD Rules, except for the required substitutions, such as the Civil High Court of Himachal Pradesh Original Side Rules, 1997.

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IP Litigation

India advances in the 6G race, ranking among the top six in global patent filings

India is positioned between fourth and sixth globally for filing patents related to 6G technology. The country’s patent filings are concentrated in areas such as 6G communication, artificial intelligence, blockchain, and quantum communication. In 2023-2024, India filed a record 90,300 patent applications, which included a significant increase in filings from start-ups, educational institutions, and micro, small, and medium enterprises (MSMEs). The Indian Government has set ambitious goals to capture 10% of global 6G patents and contribute one-sixth to global standards within three years.

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IP Litigation

Bentley Systems Inc & Anr. vs Pushparaj Kandaswamy & Anr. (Delhi High Court)

An appeal was filed against the impugned order by the District Judge rejecting the joint settlement application of the parties in their copyright dispute. The Court set aside the impugned order, holding that the rejection was based on unsubstantiated grounds. It also noted that the parties had entered into the settlement agreement through their authorized representatives without any coercion.

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Snips & Specs

Sensory Branding: A Multisensory Approach To Marketing

Imagine ordering a pizza from a pizza outlet, either at their outlet or at home. Along with your pizza, you receive a few extra packets of oregano mix and chilly flakes. These extra packets may seem like a nice gesture, but they’re actually a clever marketing tactic. Whether you’re enjoying your pizza at home or at the outlet, the extra packets are designed to stay with you long after you’ve finished your meal, and every time you use them, you’ll be reminded of Domino’s and crave their pizza again. This is a classic example of sensory branding, where a brand uses sensory experiences to create an emotional connection with its customers. What is Sensory Branding? Sensory branding is a marketing technique that involves creating a multisensory experience for customers by stimulating their senses of sight, sound, touch, taste, and smell. This approach aims to create an emotional connection between the customer and the brand, increasing brand loyalty and ultimately driving sales.   Types of Sensory Branding There are five types of sensory branding, each targeting a specific sense:   Visual Branding: This type of branding involves creating a visual identity for the brand, including logos, colors, and typography. Visual branding is essential in creating a consistent brand image and communicating the brand’s message.   Auditory Branding: Auditory branding involves crafting a unique sonic identity for a brand, encompassing music, sound effects, and voiceovers. By leveraging the emotional resonance of sound, brands can create a lasting impression on customers and make their experience more memorable. A quintessential example of auditory branding in action is the familiar tune played by ice cream vendors, which instantly triggers a sense of excitement and anticipation in children, signalling the arrival of their favourite treats.   Olfactory Branding: Olfactory branding harnesses the power of scents and aromas to create a lasting impression on customers and forge a deep emotional connection with the brand. By carefully selecting and deploying distinct fragrances, businesses can evoke feelings, memories, and associations that linger long after the initial encounter. A prime example of olfactory branding in action is the practice of perfume retailers offering scent samples on strips or testers to passersby, enticing them to explore their fragrances and make a purchase. Similarly, the distinctive aroma of freshly cut grass infused in tennis balls or the warm, inviting scent of cinnamon wafting from dining furniture can transport customers to a specific time and place, creating a rich sensory experience that resonates with the brand’s identity and values.   Gustatory Branding: Gustatory branding involves using taste to create a memorable experience for customers. This type of branding is often used in the food and beverage industry. Tactile Branding: Tactile branding involves using touch to create a memorable experience for customers. This type of branding can evoke emotions and create a strong association with the brand.  

Examples of Sensory Branding

Several brands in India have successfully implemented sensory branding strategies to create a memorable experience for their customers. Here are a few examples:   Local Super Market: Imagine walking into a local super market, and as you enter, you’re greeted by the tantalizing aroma of freshly baked bread. The smell of fresh bread is so appetizing that it makes you want to buy more, and as you shop, you end up buying more than you intended to. This is a clever example of sensory branding, where the smell of fresh bread is used to stimulate your appetite and increase sales.   Street Samosa Shop: The aroma of freshly cooked samosas wafting through the streets is a classic example of olfactory branding. The smell of the samosas creates a craving in the customers, making them want to buy more.   Google Pay Sound: The sound of the Google Pay transaction is a classic example of auditory branding. The sound is designed to be memorable and creates a sense of satisfaction and security for the customers.   Sensory branding offers several benefits for brands, including:
  • Emotional Resonance: Sensory branding can create a deep emotional connection with customers, making them more likely to form a lasting bond with the brand.
  • Unique Differentiation: By leveraging the senses, brands can differentiate themselves from competitors and create a distinctive identity that sets them apart.
  • Brand Loyalty: Sensory branding can foster loyalty by creating a multisensory experience that customers associate with the brand, making them more likely to return.
  • Enhanced Customer Experience: Sensory branding can elevate the customer experience by engaging multiple senses, making it more memorable and enjoyable.
  • Brand Recall: Sensory branding can improve brand recall by creating a lasting impression on customers, making it easier for them to remember the brand.
  Disadvantages of Sensory Branding
  • Sensory Overload: Overwhelming customers with too many sensory stimuli can lead to a negative response and decreased brand loyalty.
  • Identity Crisis: Changing sensory branding strategies can confuse existing customers and dilute the brand’s identity.
  • Resource Intensive: Developing and implementing effective sensory branding requires significant investments of time, money, and resources.
  • Difficulty in Replication: Sensory branding can be challenging to replicate across different touchpoints and channels, which can lead to inconsistent brand experiences.
  • Measuring Effectiveness: It can be difficult to measure the effectiveness of sensory branding; making it challenging to justify the investment. Sensory branding is a powerful marketing technique that can create a memorable and emotional experience for customers. By engaging customers’ senses, brands can increase brand recognition, create an emotional connection, differentiate themselves from competitors, and create a memorable experience. Whether it’s through visual, auditory, olfactory, gustatory, or tactile branding, sensory branding is a key part of any marketing strategy.
 

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Hidden Gems of India

Dang-A Symphony of Nature and History

Welcome to a journey of discovery and wonder as we embark on a series of blogs that unveil the enigmatic and uncharted realms of India. In a country as vast and diverse as India, the troves of hidden gems and lesser-known marvels remain scattered like secrets waiting to be unravelled. Beyond the renowned landmarks and bustling metropolises, lie the hidden places that encapsulate India’s rich tapestry of culture, history, and natural beauty. Our series of blogs is your passport to a world where ancient temples, forgotten caves, serene lakes, and mystical forests come to life. Join us as we delve deep into the heart of this incredible nation, shedding light on the obscure, the mystical, and the rarely explored corners of India. Each blog will be a portal to these hidden treasures, offering insights, anecdotes, and practical tips for those intrepid travellers and culture enthusiasts who seek the extraordinary and untraded paths that India has to offer. Prepare to be captivated, inspired, and enthralled as we unveil India’s hidden wonders, one blog at a time.

Historically known as Dantya Pradesh and Dandakaranya, the region was later named Dang, a term believed to be derived from the Dangi tribe, the indigenous inhabitants of the area. Often overlooked by mainstream tourists, Dang district in Gujarat is located in the southeastern part of the State and is around 130 kilometres from Surat. Dang district seamlessly blends breathtaking natural beauty, rich historical heritage, and vibrant cultural diversity in the form of pristine forests, ruins of forts, cascading waterfalls, and ancient temples. Let us take a look at what Dang has to offer for every traveller!

Majestic Natural Wonders: The Gira Waterfalls

One of Dang’s most striking natural attractions is the Gira Waterfalls, a spectacular cascade that rivals some of the most famous waterfalls in the world. Tumbling from a considerable height, the falls create a dramatic display of water and mist, surrounded by lush green forests. The sheer scale and power of the water as it crashes to the ground, coupled with the serene atmosphere of the surrounding environment, make it a memorable sight. For nature enthusiasts and photographers alike, Gira Waterfalls is an unmissable highlight in the region.

Biodiversity Paradise: The Purna Wildlife Sanctuary

For those with an appreciation for wildlife, the Purna Wildlife Sanctuary is a prime destination. This sanctuary is home to a rich array of fauna, including leopards, tigers, bears, and numerous species of birds. The sanctuary’s dense forests, tranquil lakes, and meandering rivers create an ideal habitat for these animals. It is a haven for nature lovers, photographers, and anyone seeking to explore India’s rich biodiversity in a pristine setting. The sanctuary offers not only an opportunity for wildlife sightings but also a peaceful retreat into the natural world.

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Historical Significance: Rupgadh Fort- A Majestic Relic of the Past

Perched atop a hill, Rupgadh Fort stands as a testament to the rich history and architectural prowess of the Dangi region. Originally constructed by the Bhil kings in the 17th century, it later came under the control of the Gaikwad dynasty. The fort’s strategic location, and commanding views of the surrounding landscape, made it a formidable defensive stronghold.

Pilaji Rao Gaikwad, a prominent figure in the Gaikwad dynasty, elevated the significance of the Rupgadh Fort by making Songadh, the fort’s vicinity, the capital of his state. However, his son, Damaji Rao, later shifted the capital to Vadodara.

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The fort’s impressive architecture includes ingenious water storage systems and provisions for ammunition and food, showcasing the foresight of its builders. With an elevation of 1,670 feet, reaching the fort involves a challenging but rewarding climb of 780 feet from the Bhangrapani forest check post.

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The fort’s historical significance extends beyond its architectural marvel. It was a witness to the valiant struggles of the five tribal kings of Dang against the British East India Company. The famous battle of Lashkaria Amba, where the kings united to defend their homeland, is etched in the annals of history.

Today, Rupgadh Fort offers a captivating blend of history, nature, and adventure. Visitors can explore its ruins, marvel at its strategic location, and immerse themselves in the rich history and culture of the Dangi region.

Cultural Diversity: Tribal Traditions and Warm Hospitality

Dang is also home to a variety of tribal communities, each with its own distinct customs, languages, and artistic traditions. These tribes, including the Warli, Bhil, and others, have preserved their age-old cultural practices, which include intricate handicrafts, vibrant festivals, and evocative folk dances. The warm hospitality of the local people offers visitors a rare opportunity to engage with their traditions firsthand, providing a deeper understanding of their way of life. Interactions with these communities enrich the travel experience, offering a window into a rich cultural mosaic that has endured for centuries.

A Tranquil Escape: The Hill Station of Saputara

For those seeking peace and tranquillity, Saputara, located in the Sahyadri hills, offers the perfect retreat. As Gujarat’s only hill station, Saputara is renowned for its cool climate, breathtaking landscapes, and serene atmosphere. The hill station provides several attractions, including the picturesque Saputara Lake, the peaceful Sunset Point, and the adventurous ropeway ride that offers panoramic views of the surrounding hills. Saputara serves as an ideal destination for those looking to escape the noise and stress of daily life, offering a peaceful environment to relax and rejuvenate.

Dang district, with its breathtaking waterfalls, diverse wildlife, rich historical legacy, and vibrant cultural traditions, offers a unique and enriching experience. Whether seeking adventure, relaxation, or a deep dive into history and culture, Dang caters to a wide range of interests. As one of Gujarat’s hidden treasures, Dang invites travellers to discover its beauty, explore its heritage, and immerse themselves in the natural and cultural wealth of this often-overlooked region.

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