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Club House and IPR problems it faces


By

Sakshi Shairwal

Iesha Sharma



Introduction


Clubhouse app is one of the social media platforms that have grown in popularity in recent months. This app is good for sharing ideas, learning a variety of business topics for meetings, and networking with other professionals with the same background. The clubhouse is one of those other social media apps, it is used in a way that once a user accesses they can drop in an audio conversation whether to participate in the conversation or just listen to others speaking. However, saving any of the audio is prohibited, not the conversation as saved or archived in Clubhouse. The Issue at Clubhouse should take into consideration that a Trademark infringement lawsuit was instituted by SBS Consulting Group against Alpha exporting companies regarding the use of “Clubhouse”.


Club House app for Trademark Infringement


The Trademark law Suit was filed against the Clubhouse. The Clubhouse Company valued at $ 4 billion has not registered its Trademark and appears not to have even registered in the US. Alpha exportation company which launched the invite-only club house app last spring was issued with the summoning last week as per SBS Consulting Group said it is complaining that the Clubhouse app has infringed on the trademark it received for “The Clubhouse” a networking site for sports and business professionals.


The issue was that there was an overlap between the two services including both content and features. The sports consulting firm's website which has more than a hundred clients in the NBA, MLB, NHL, and other sports leagues. They included a screenshot of a clubhouse app that has a room titled “Pro Sports network” a “sports biz professionals”. Include the topic of interest for the club with a variety of network career growth sports business relative selections the complaint said. SBS Consulting groups launched the “The Clubhouse” site in November 2018 and filed a registration for “THE CLUBHOUSE” in May 2019. The trademark was granted in December of that year and the website the name is stylish as “the clubhouse” because the clubhouse appeases the second to the market of its Clubhouse name this case will centre on whether there is a possibility of reverse confusion that small company Trademark its name which subsequently gets confused by the consumer with the bigger and revives the name.


The complaint noted that Alpha Exploration Company had submitted an application for its name and the company executive had found SBS consulting group’s trademark if they searched on the government database. The complaint said that Alpha Exploration Company seems to have either acted willfully or intentionally to infringe on their trademark. Complaint seat trial damage and warns Alpha coding company to cease using the Clubhouse name of its app the case is still under trial.


Ways for protection under Intellectual Property


The intellectual property right is statically categorized in a way for representation of the intangible thing under the category of copyright, patent, Trademark, and unique concept ideas according to the rule of intellectual property. These services should receive some legal protection for reference to mere ownership of one’s ideas. Creating unique products for business and innovative ideas into reality can prove to be a priceless asset. Ways to protect intellectual property are:


1. If mostly the work is outsourced for domestic as well as with Global partners it should be made a priority to find out the employee world-class security with securing your intellectual property it should be confined the remote employees are accessing your IP in the desired manner.


2. A double-check of Ideas is important, proper research to ensure that your ideas are solely and uniquely yours by conducting. The trademark and patent search and finding out that somebody else has already safeguarded them.


3. To protect your IP because the delay of a single minute can lead to copying or stealing of the previous ideas.


4. The assistance for creating a well-written non-disclosure agreement looking at any other agreement to use in your business to make sure that they cover intellectual property which includes employment agreement licensing sales and contracts between them all.


5. The most common way to protect intellectual property is not just to file the patent, filing the patent can provide how the product or service has been created. To make the product non-copied the idea will standardize with a standard association that prevents others from creating such an idea.


6. It may seem that open Sourcing of your technology taps into a broader community of developers in this way your company can focus on adding value on top of the technology that Stack remains proprietary and can execute with speed and abilities.


7. The joint ownership of intellectual property should be avoided at all costs; it creates problems later on that make it difficult to protect and hurt all the parties involved in it.


Conclusion


The clubhouse is rising in popularity and may likely continue to expand in coming years with the prominent Businessman speaking featuring on the apps and there are always interesting discussions happening in every room to keep up with the top and how the Clubhouse can affect or had in hand and other legal matters is important to become educated about this app before preparing for the future Road. This includes monitoring and any change in app design pertaining to legal implementation and discussions.



The article first published on Lexology.com and the same can be accessed here.




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