[Commons-Law] The IP Moot problem

[teesta hans]

Hii

Please check the site www.ipmot.org !!!!!!!!!!!!! as the link for game
reffered herein the problem is not proper..

Rgrds 
Teesta

On 6/1/05, sudhir krishnaswamy <sudhir75 at hotmail.com> wrote:
> For those interested - here it goes. I can't seem to put the pictures in -
> please go to www.ipmoot.org to the 2005 Competition for the full details
> 
> Best
> Sudhir
> 
> Moot Court Problem : 2005
> The Facts • Nanotechnology - Background Note
> The PhilthKleen Systems Ltd. (PSL) Patent Specification • The Dubot Inc
> Patent Specification
> The Facts
> PhilthKleen Systems Ltd (PSL) is a company based in Nanopore. The company
> developed a dust cleaning system, based on nanotechnology. The system uses
> nanobots for cleaning dust. Patents for the dust cleaning system have been
> granted in Nanopore, US, EU, Japan and a few other countries.
> 
> The nanobot is called DUSTNIBBLER, which is a registered Trademark in
> Nanopore. It was an instant hit ever since it was launched in the market
> shortly after the patent application was filed in September 2002. (Annexure
> A- a note on DUSTNIBBLER and advertising flyer)
> 
> Dubot Inc, a start-up company formed in January 2004, by a few former
> employees of PhilthKleen Systems Ltd (PSL) has also started manufacturing
> dust-cleaning system using nanobots, which in addition to removing dust also
> destroys microscopic organisms such as dust mites. This is being marketed as
> DUSTMUNCHER, for which a trademark application has been filed in Nanopore. A
> patent application is pending in Nanopore and the US. (Annexure B- a note on
> DUSTMUNCHER and advertising flyer)
> 
> As a promotional campaign, Dubot Inc has launched a website
> www.dubot.com/dustmuncher/discountgame.xml with an online interactive game.
> In this game, the player has to accumulate points by destroying biological
> organisms using an icon called NIBLERR. If the player gathers 100,000
> points, he gets a discount on DUSTMUNCHER.
> 
> Issues
> PhilthKleen Systems Ltd (PSL) has now instituted a suit against Dubot Inc in
> Nanopore stating that:
> 
>   1. Dubot is infringing their patent.
>   2. Defamation of the product of PSL in the cyber world since the player
> never wins and name of the icon NIBLERR closely resembles PSL's DUSTNIBBLER.
>   3. PSL states that the former employees, who are now the founders of
> Dubot, have misappropriated their Trade Secret.
>   4. Infringement of Trade Mark/Copying of Trade Dress (in Flyers).
> 
> Dubot Inc has countered these allegations stating that:
> 
>   1. Dubot contends that PSL patent is not valid since there is an article
> published in 1974.
>      Dubot contends that the DUSTMUNCHER does more than the DUSTNIBBLER as
> it also destroys biological organisms.
>   2. Dubot contends that NIBLERR, pronounced as "NIBBLER", is a commonly
> used term and that NIBBLER is a synonym of MUNCHER.
>   3. Dubot counters this allegation by saying that they have based their
> device on the published article and they have invented the dust-mite eating
> capability.
>   4. Dubot contends that the form and shape of the nanobots are functional
> and therefore there cannot be an allegation of copying PSL's nanobot.
> 
> The PhilthKleen Systems Ltd Website
> The Dubot Inc Website
> 
> 
> 
> The Flyers
> 
> _________________________________________________________________
> Can't have enough of SRK? http://server1.msn.co.in/sp05/iifa/ Help him bag
> the award.
> 
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