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Trademark Rules 2017- Jingles and chimes can be a sound mark

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Clang-Clank-Clink!

Like the chime of small bells! Make the waves in a sea of trademark noise. Modern life is increasingly noisy; you will not require more careful consideration for your brand if you represent the brand through sound. You can trademark a theme song or jingle of coins or jangle of spurs.

The ideal trademark is the one that is pushed to its utmost limits regarding abstraction and ambiguity but still readable. Trademarks are usually metaphors of one kind and make thinking visible in a certain sense.

Sound Trademark

A trademark is something which is associated with the product or company. With the time the means for branding products are diversified, and the sound mark has got prominence. With the introduction of Trademark Rules, 2017, the legal definition of trademark broadened to encompass. Slowly but steadily, the legislature is recognising the significance of non-traditional marks.

Recently notified trademark rules have revised the trademark registration process and made it easier for companies to register their brand sound mark. The change in trademark registration rules is giving hope to generate the lost interest in people for sound mark registration.

In India for sound trademark registration, all you need is a factual distinctiveness of the sound. It takes the brand to another level. When you are not using a word or logo, sound mark paves the way for asserting a trademark.

Antiquity of Sound mark

Can you trademark a sound?

The answer is YES. Using a sound as a trademark for the brand has not been considered marketing tool for long. The journey of sound branding has come a very long way.

Traditionally, it was difficult to register the sound as a trademark as it was not considered to be a trademark. Under the old act colour combination, shape, sound, tastes, 3D marks and smells could not consider as a trademark.

Only the words, signatures, names, labels, numerals, devices, acronyms and logos are given the trademark status.

Gradually, the sound made its place in the trademark market. Certain brands realised the importance of sound mark and attempted to capitalise on its own uniqueness.

Sound Logo

There is a misconception that the sound branding only refers to the sonic logos. Most of the people are aware that a trademark can be a slogan, a logo or a name but now it is possible to trademark a sound.

To enforce the recognition of the brand, sound logo and visual logo, a combination of both types is used. Sound logo, graphically represented by a series of musical notes can be the jingle, melody, theme song or music.

It’s all about the strategic curation that can be usefully heard by a target audience. The way in which sound composed and implement will affect the way audience think, feel, connect and shop. It’s important for the customers to perceive the sound as associated with a service or product.

Just like other logos, the sound logo also has the same essential qualities which are uniqueness, relevancy to brand and memorability.

Did you know

A colour and sound, non-traditional marks now become the complete identity of a brand. To know more about first ever colour trademark visit https://www.quickcompany.in/articles/japan-accorded-its-first-colour-trademark

Sound mark takes the brand recognition to the another level when one cannot use a word or logo in a setting.

Audio logo or sound logo having the equal importance for some brands.

In marketing place, the sound has its own importance because many brands are recognised by the people through the sound associated with the brand.

A corporate jingle or the sound heard on logging into a device can be a sound mark for your brand.

‘Yahoo Yodel’, a human yodelling the word ‘YAHOO’, is India’s first ever registered sound trademark.

Even National Stock Exchange’s theme song registered as a sound trademark.

Things to remember

  • Trademark law does not exclude the ‘sound marks’ explicitly, even though sound mark registrations are very rare.
  • You need to mention clearly about the sound marks in trademark application otherwise it will be considered as a word or device mark.
  • A concise description of the sound mark.
  • Graphic representation of the music must be showing and divided into measures.
  • The sound mark acquires distinctiveness so that customer can recognise the sound.

Find some Sound Trademarks

There are some sounds; you probably did not realise were actually trademarked.

To play the sound mark presented below, click on the links provided along with the examples:

  • Four note bell sound of Britannia Industries

For biscuit maker, Britannia, the four note bell sound has graced ads for many years.

  • Ringtone of a Nokia mobile phone

The Nokia ringtone, the icon of Finnish corporation Nokia is a phrase from a composition for solo guitar.

  • Lion’s roar sound of an MGM produced film corporation

The five different lions represent the MGM logo and the one who provided the trademarked sound named ‘Jackie’.

  • Yahoo’s yodel

India’s first ever sound trademark to California based internet firm Yahoo Inc.’s three note yodelling sound.

  • Thunderous sound of Harley Davidson

A unique breed, Harley Davidson must be considered a cult into themselves. They are distinctive enough to warrant a sound mark.

  • Theme song of National Stock Exchange

Trademark registry grants sound trademark registration for the theme song of NSE.

  • Corporate jingle of ICICI Bank

India’s largest private sector lender got its corporate jingle ‘Dhin Chik Dhin Chik’ sound mark registered.

क्यों हम बेटियों को बचाएँ

“मुझे मत पढ़ाओ, मुझे मत बचाओ, मेरी इज्जत अगर नहीं कर सकते, तो मुझे इस दुनिया में ही मत लाओ
मत पूजो मुझे देवी बनाकर तुम, मत कन्या रूप में मुझे ‘माँ’ का वरदान कहो
अपने अंदर के राक्षस का पहले तुम खुद ही संहार करो।”

एक बेटी का दर्द
चंडीगढ़ की सड़कों पर जो 5 ता० की रात हुआ वो देश में पहली बार तो नहीं हुआ। और ऐसा भी नहीं है कि हम इस घटना से सीख लें और यह इस प्रकार की आखिरी घटना ही हो। बात यह नहीं है कि यह सवाल कहीं नहीं उठ रहे कि रात बारह बजे दो लड़के एक लड़की का पीछा क्यों करते हैं, बल्कि सवाल तो यह उठ रहे हैं कि रात बारह बजे एक लड़की घर के बाहर क्या कर रही थी।

बात यह भी नहीं है कि वे लड़के नशे में धुत्त होकर एक लड़की को परेशान कर रहे थे, बात यह है कि ऐसी घटनाएं इस देश की सड़कों पर आए दिन और आए रात होती रहती हैं।

बात यह नहीं है कि इनमें से अधिकतर घटनाओं का अंत पुलिस स्टेशन पर पीड़ित परिवार द्वारा न्याय के लिए अपनी आवाज़ उठाने के साथ नहीं होता।  बात यह है कि ऐसे अधिकतर मामलों का अन्त पीड़ित परिवार द्वारा घर की चार दीवारी में अपनी जख्मी आत्मा की चीखों को दबाने के साथ होता है।

बात यह नहीं है कि दुनिया के इस सबसे बड़े लोकतंत्र में न्याय के लिए भी संघर्ष करना पड़ता है, बात यह है कि इस देश में अधिकार भी भीख स्वरूप दिये जाते है।

इस पूरे घटनाक्रम में सबसे बड़ा पहलू यह है कि वर्णिका कुंडु जिन्होंने रिपोर्ट लिखवाई है, एक आईएएस अफ्सर की बेटी हैं, यानी उनके पिता इस सिस्टम का हिस्सा हैं। जब वे और उनके पिता उन लड़कों के खिलाफ रिपोर्ट लिखवाने के लिए पुलिस स्टेशन गए थे तब तक उन्हें नहीं पता था कि वे एक राजनैतिक परिवार का सामना करने जा रहे हैं लेकिन जैसे ही यह भेद खुला कि लड़के किस परिवार से ताल्लुक रखते हैं तो पिता को यह आभास हो गया था कि न्याय की यह लड़ाई कुछ लम्बी और मुश्किल होने वाली है।

उनका अंदेशा सही साबित भी हुआ। न सिर्फ लड़कों को थाने से ही जमानत मिल गई बल्कि एफआईआर में लड़कों के खिलाफ लगी धाराएँ भी बदल कर केस को कमजोर करने की कोशिशें की गई। जब उनके साथ यह व्यवहार हो सकता है तो फिर एक आम आदमी इस सिस्टम से क्या अपेक्षा करे?

जब एक आईएएस अफ्सर को अपने पिता का फर्ज निभाने में इतनी कठिनाइयों का सामना करना पड़ रहा है तो एक साधारण पिता क्या उम्मीद करे? वर्णिका के पिता ने तो आईएएस लाबी से समर्थन जुटा कर इस केस को सिस्टम वर्सिस पालिटिक्स करके इसके रुख़ को बदलने की कोशिश की है लेकिन एक आम पिता क्या करता?

जब एक लोकतांत्रिक प्रणाली में सत्ताधारी पार्टी के अध्यक्ष का बेटा ऐसा काम करता है तो वह पार्टी अपने नेता के बचाव में आगे आ जाती है क्योंकि वह सत्ता तंत्र में विश्वास करती है लोकतंत्र में नहीं,वह तो सत्ता हासिल करने का एक जरिया मात्र है। उसके नेता यह कहते हैं कि पुत्र की करनी की सजा पिता को नहीं दी जा सकती तो बिना योग्यता के पिता की राजनैतिक विरासत उसे क्यों दे दी जाती है।

आप अपनी ही पार्टी के प्रधानमंत्री के लाल किले से दिए गए भाषण को भी नकार देते हैं जो कहते हैं कि हम अपनी बेटियों से तो तरह तरह के सवाल पूछते हैं, उन पर पाबंदियां भी लगाते हैं लेकिन कभी बेटे से कोई सवाल कर लेते, कुछ संस्कारों के बीज उनमें डाल देते, कुछ लगाम बेटों पर लगा देते तो बेटियों पर बंदिशें नहीं लगानी पड़तीं।

यह कैसा लोकतंत्र है जिसमें सरकार अपने नागरिकों की सुरक्षा से ऊपर अपने नेताओं और स्वार्थों को रखती है? यह कैसी व्यवस्था है जहाँ अपने अधिकारों की बात करना एक “हिम्मत का काम” कहा जाता है। हम एक ऐसा देश क्यों नहीं बना सकते जहाँ हमारी बेटियाँ भी बेटों की तरह आजादी से जी पाँए? हम अपने भूतपूर्व सांसदों विधायकों नेताओं को आजीवन सुविधाएं दे सकते हैं लेकिन अपने नागरिकों को सुरक्षा नहीं दे सकते।

हम नेताओं को अपने ही देश में अपने ही क्षेत्र में जेड प्लस सेक्यूरिटी दे सकते हैं लेकिन अपनी बेटियों को सुरक्षा तो छोड़िये न्याय भी नहीं? देश निर्भया कांड को भूला नहीं हैं और न ही इस सच्चाई से अंजान है कि हर रोज़ कहीं न कहीं कोई न कोई बेटी किसी न किसी अन्याय का शिकार हो रही है। उस दस साल की मासूम और उसके माता पिता का दर्द कौन समझ सकता है जो किसी और की हैवानियत का बोझ इस अबोध उम्र में उठाने के लिए मजबूर है। जिसकी खिलौनों से खेलने की उम्र थी वो खुद किसी अपने के ही हाथ का खिलौना बन गई। जिसकी हँसने खिलखिलाने की उम्र थी वो आज दर्द से कराह रही है।जो खुद एक बच्ची है लेकिन माँ बनने के लिए मजबूर है।

क्यों हम बेटियों को बचाएँ? इन हैवानों के लिए? हम अपने बेटों को क्यों नहीं सभ्यता और संस्कारों का पाठ पढ़ाएँ? बेहतर यह होगा कि बेटी बचाओ बेटी पढ़ाओ के बजाय बेटी बचानी है तो पहले बेटों को सभ्यता और संस्कारों का पाठ पढ़ाओ। उन्हें बेटियों की इज्जत करना तो सिखाओ।

Samajik Samrasta versus Samajik Nyaya

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Samajik Samrasta is the preferred mode of political mobilization of the Hindutva forces. It seeks to promote social harmony by finding points of convergence between the various social communities by blurring the distinction between ‘we’ versus ‘they’ by making references to shared culture and tradition. For many advocates of the left-liberal school, Samajik Samrasta is a tool to continue the dominance of hierarchy based Brahminical Hinduism but nothing can be far away from truth.

In the aftermath of the Mandalisation of polity, the RSS made visible attempts to reach out to the lower castes; the realization of the futility of Varna dawned on it as the nation saw the deepening of social democracy with the voices of the marginalized sections coming to the fore. The BJP ideologue Govindacharya coined the term ‘social engineering’ to make the party attractive to the lower castes and provide them space within the party at strategic points. It is not a mere coincidence that today, BJP boasts of sending the largest number of MPs/MLAs belonging to the backward/Dalit castes to the legislatures; the posts of President, Vice President and PM are manned by non upper castes.

The first brick during the Silanayas of Ram Temple at Ayodhya was laid by a Dalit; top BJP leaders have meal with Dalits at Dalit households and RSS opens schools and holds Shakhas in areas that are heavily populated by lower castes. With the political marginalization of upper castes, the Hindu religion has de-Brahmanized a great deal but this doesn’t mean that the Hindu religion/culture will wane as the lower castes have emerged at the forefront of Hindutva movement. Backward leaders like Kalyan Singh, Uma Bharti and Vinay Katiyar have been the mascots of Ram Temple movement.

Hindu religion/culture is sought to be preserved by the Sanskritisation of lower castes. Though the hierarchy and castes may not be dismantled in the near future but the situation is a lot more fluid with Dalits getting the chance to act as temple priests in some places. Efforts are on to appropriate the legacy of Ambedkar by the Hindu Right and it is no longer unusual to see RSS celebrating the birthdays of Ambedkar. Many lower caste icons have found a place in the RSS scheme of things to instill a feeling among the lower castes that BJP or RSS belongs to them. BJP is now more or less okay with reservation.

Symbolism matters in politics but it does not work beyond a certain extent. Samajik Samrasta can only work and social harmony can only be restored if no social community feels aggrieved and victimized. No doubt, democracy is a game of numbers but this does not mean that communities who have miniscule numbers be neglected and left to fend for themselves with no state support. To increase the appeal of Samajik Samrasta as a political slogan, it is imperative that segregation of citizens into categories with a view to extend political patronage should stop.

Positive affirmative action programs like reservation should be designed in such a way that no social community feels cheated; benefit to one community should not come at the cost of another community. Secular inclusive criteria for deriving benefits need to be devised in which all the communities can participate. The recent step of the UP Government to install statues of non Dalit icons in Ambedkar Parks/Dalit Prerna Sthal that were built by Mayawati to house Dalit icons exclusively is a welcome development. Samajik Samrasta can only be attained when the public spaces become secular/ inclusive and all the communities feel they have a stake in them.

Samajik Samrasta does not call for annihilation of castes but it certainly wants all castes to have a pride of place within the architecture of Hinduism. It does not advocate segregation of castes but clamors for creation of a system in which there is no untouchability/caste discrimination and all communities can freely indulge with each other on equal footing. It’s about submergence of micro identities within the broader macro identity without their destruction. After all, no one can deny that castes have prevented the disintegration of Hindu society. They may have been a scourge for the lower castes in the later stages of history but they had their advantages too when they were on merit and not birth based.

Samajik Samrasta is about welfare/development of all and appeasement of none. It can only work when policies are not made to exclusively cater to the interests of particular communities based on vote bank considerations but when the concerns of all irrespective of caste/religion/region are attended to. It strengthens inter and intra solidarity between the communities, fosters nationalism and promotes national integration by a unifying thread of belongingness shaped by common culture and common geography under a common law. The Preamble of our Constitution guarantees the Indian citizens equality, liberty and fraternity irrespective of caste/ religion/ colour/ gender. There are provisions to take care of equality and liberty but when it comes to fraternity, the constitution is silent. It is only through the vehicle of Samajik Samrasta that fraternity can be nurtured.

Now, let’s talk about Samajik Nyaya. The left-liberal-socialist spectrum of our polity has always sworn by Social justice in letters if not in spirit. The basic objective behind this policy has been to increase the visibility and representation of lower castes not only in the legislatures but also in public employment and educational institutions. The constitution is often described as the social contract between the Dalits and the state. It gave reservation to Scheduled Castes and Scheduled tribes in proportion to their population. The late sixties saw intense political mobilization among the backward castes under the leadership of Lohia against the political hegemony of the upper castes and ultimately, the early nineties saw the Mandalisation of Indian polity.

Unfortunately, this Samajik Nyaya brand of politics got enmeshed in crude caste politics and failed to take up issues like land reforms that had huge potential to dismantle the feudal structure of our society. Mobilization on caste lines, demanding reservation on caste lines, nurturing vote banks on caste lines, providing patronage on caste lines and framing policies on caste lines became the standard modus operandi of this brand. Unlike Samajik Samrasta, it did not tend to unify the masses but attempted to drive wedges between various social communities in the name of assertion and empowerment. Caste leaders got away despite being involved in corruption/ misgovernance because of their strong community networks and support. What else explains the political ascendancy of leaders like Mayawati, Mulayam and Lalu who were regarded as the messiahs of social justice?

This politics alienated the upper and the intermediate castes. It created intense social animosity and contestations; it led to divisions in society. Since the OBC/Dalit population is highly stratified, those at the bottom of the ladder or those who were in less numbers, were left out of the benefits. Most of the reservation benefits were cornered by the dominant castes/sub castes within the OBC/Dalit communities.

In the name of social justice, ulterior motives of the left radical Dalit groups were exposed. In the name of autonomous existence, parallel cultural narratives began to be weaved. It seemed as if attacking Hindu religion/culture and dissociating from anything Hindu was the only defining trait of left liberal secular polity. All these activities gained ground after BJP formed a government at the Centre. Shouting anti national slogans, supporting Maoists and sympathizing with terrorists in Kashmir and showing disrespect to national symbols were justified under the pretext of freedom of speech.

Social justice politics bred rabid identity politics. People stopped seeing themselves as Indian citizens but were more comfortable with caste/community identities. The polity became more and more centrifugal under the garb of plurality and autonomy. The common unifying thread of nationalism was the ultimate causality. It was the salad bowl system, not the melting pot which tends to assimilate all the social communities into an Indian identity. In managing social/cultural diversity, the liberal school promotes individualism and multiculturalism which privileges social and spatial segregation of communities to maintain harmony. Post colonial framework prepared an autonomous domain of subalterns and contemplated to justify this separation as assertion of the lower castes.

It failed to examine and interrogate as to how mainstream discourse structures subaltern practices. It failed to take into account the social hierarchy that is prevalent among the lower castes. Elections were won on patronages and populism. Institutions of democracy crumbled in Bihar and UP because of rabid social justice politics. As a matter of fact, this polity failed to realize the true democratizing potential of democracy and usher in an egalitarian society. It was government of the community, for the community and by the community; the common people were never its concern.

Today, intense ideological contestations between Hindu Right and Left Liberal secular groups have led to debates over Samajik Nyaya and Samajik Samrasta. The fact that the nation is rapidly becoming saffron is a manifestation of the limitations of social justice politics. Samajik Nyaya politics created Dalit Brahmins and OBC Brahmins who were not concerned about the plight of their fellow brethren but tried to maintain their social supremacy over them. It thrived on divisions. Hopefully Samajik Samrasta would usher in genuine social transformation by creating common meeting grounds between different social communities and fostering nation building.

Karan Thapar: A gentleman with jaundiced eyes

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Refusing to negotiate respecting the tricolour while ‘just’ giving importance to the freedom of expression is an act of ignorance and foolishness Karan Thapar tells while slamming Gautam Gambhir for claiming “Freedom of speech is important, but there are certain things which are absolutely non-negotiable.” Thapar made his statement while criticizing the demand of Jawaharlal Nehru University’s vice chancellor to install a tank in the campus so that “it can serve as a reminder for thousands of students who pass through this university about the great sacrifices and valour of the Indian army”, in his article “The story of three gentlemen and the loud drumbeats of patriotism” (Hindustan Times, July 30, 2017).

Evoking constitution he tells us that freedom of speech is non-negotiable whilst respect for the flag is important” (read negotiable). But, if it is so; why “satanic verses” is banned, Tasleema Nasreen is not being allowed to speak, multitudes of films are being censored and on May 15, 2015, a Supreme Court said that the fundamental right to speech and expression, as envisaged under Article 19 (1) (a) of the Constitution could not be given absolute?

The Constitution does not stop at sub-clause (a) of clause 1 the Article 19 which reads, “All citizens shall have the right to freedom of speech and expression”. It also includes clause 2 providing that “nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. In simple words, freedom of speech is not an absolute right.

Whereas, the national flag the most cherished national symbol, emanating love for the country, infusing a sense of nationhood, embodying the aspirations and sentiments of the common people, stands as instrument of unity that binds a nation together. And, as Gabriella Elgenius says symbolism is as important as economic and political factors, in the formation of nation and national identities. So, unlike the rights whose inclusion, existence codification everything need to be debated, validated and secured by Constitution, in the case of the flag shape, colours and symbols may be debated to make it more inclusive and representational but the idea that there must be a flag and it must be respected by the people don’t need to be debated– as they predate the constitution.

When the United States was attacked on September 11, 2001, everybody was not clamouring for the war they didn’t came out with the guns showing of their anger but they came out streets holding the American flag, and soon stores in the United States were sold out of it. Tank can be a symbol of valour of the army but whether do we need tanks in university campuses to inspire youths and make them more nationalist is certainly an issue of debate. Whereas the national symbols represent national people, infuse unity among them without promoting jingoism, chauvinism or xenophobia. So, bringing the issue of respecting flag while debating about having tanks in universities can push debate in a wrong way.

Aadhar and the security concerns

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There has been a lot of chatter around Aadhar. The voices have been disparate and haphazard. The most amusing part of all these discussions is that I am yet to see a post that uniquely tries to identify where the loopholes might be. Most of the anti-Aadhar and security concerns look like scaremongering or at best conspiracy theories. But the question still stands, is Aadhar susceptible to misuse?

As any self-respecting hacker would say, everything is insecure. The question is how difficult have you made it to exploit the vulnerability. How accessible are these flaws for exploitation? What is the cost of breaking the law and what is the benefit of going to that quanta of trouble. Lets us try and analyze the conundrum on these principles.

What is the penalty of impersonation and how well does the state look at identity fraud?

Identity fraud in India is still nascent. In a low per capita income country, the benefits of identity fraud are not very high. Hence identity fraud has not become a major headache. But as India’s per capita grows, this will become incentive enough. There is a penalty by law, but in a country this populous one does tend to think, what is the value that law enforcement will give to identity fraud? As the SSN impersonation is taken seriously in the USA. Will India be able to do the same? Is the cyber wings of our law enforcement capable enough? When the NIC does not care enough to enable HTTPS on sites and services accessing Aadhar data, how much can we trust these agencies?

What is the current infrastructure and environment on the data security architecture?

For a country that boasts of significant IT presence, the competence of our government in these areas is still under question. Have a look at all the PDFs and Excels galore on government websites that have not had the decency to depersonalize data like date of birth etc. Incidents like Zomato hack do raise a lot of eyebrows but do not trigger a governmental action against the lackadaisical approach towards data security. Companies are allowed to data mine without repercussions. In an environment where the government is as clueless as ours, what is the confidence that one can have that the policies and safeguards are serious enough.

What are the ways one can exploit the data?

As per security, a system is as strong as its weakest link. UIDAI might have an impressive array of security measures against a hack (Let’s accept that as a supposition, though the hacker in me demurs!). How secure are the places that access this database.

The hack on the NIC showed how secure the governmental infrastructure is that accesses this data. I would also be interested to know other than the HTTP hack, how good the architecture of NIC is vis-a-vis de-personalization, masking and encryption. Jargons do not create security. Its their implementation and constant upkeep against newer hacks is what makes them secure.

Take for example the KYC’s for obtaining a sim card. People have commented that these are secure areas as a standard hardware connects to the UIDAI database through all the correct jargony layers. That is where the problem arises. Every tiny shop that uses a device to access this data is suspect. What we forget is there is something called a ‘Man in The Middle attack’! To explain the jargon, what prevents these SIM distributors to put an adapter (IT jargon) in between the fingerprint recognition device and the app that connects to the UIDAI database. What prevents them from storing the data packets being sent to the UIDAI database? The only thing deterring them now is the low availability of such programmers and the relative use of such data after acquisition. Will that always be the case? Is it the same case if the data being gathered is for people related to sensitive installations of our country?

I am not scaremongering but trying to understand myself too.

Should we go back?

Now that is the million dollar question. In my humble opinion, NO. Every system can be hacked. Every system can be bought down to its knees. The only question is how big a price we put to the person who is ready to do that? How easy its is to game the system?

In my humble view, Aadhar system was a much needed administrative reform for this country. Outside my scope to talk about that. However, irrespective of its flaws, we need to talk about how we need to make it securer. How we can put a premium of data privacy. The current discourse has been on partisan lines. I hate Aadhar. I like Aadhar. We need to understand that it is a necessity. And it has security flaws and serious ones at that. The need of the hour is to accept that and work on mechanisms to ensure that India is not breached.

The borders are not only geographical now. They have reached our computers. It is a need of the hour that our data is given the same sanctity that we give to our borders.

मुरली मनोहर जोशीजी का लेख- नीतीश कुमार एनडीए में वापस क्यों लौटे?

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नमस्कार, मेरे देशवासियों।

पहले मैं अपना परिचय दे दूं, खास करके युवा पीढी के लिए जो शायद मुझे नहीं जानते। मैं हूं मुरली मनोहर जोशी, एक वरिष्ठ भाजपा नेता और अब मार्गदर्शक मंडल का सदस्य। मुझे युवाओं के लिये अपने अनुभव लिखने का विचार आया, क्योंकि मार्गदर्शक मंडल में और खास कुछ करने के लिए है भी नहीं।

आज का विषय है नीतीश कुमार की एनडीए में अचानक वापसी।

आप लोग सोच रहे होंगे कि यह नीतीशजी को अचानक से क्या हो गया। में समझाता हूँ। 2010 तक नीतीश कुमार को नरेंद्र मोदी को लेकर कोई आपत्ति नहीं थी।

2010 में बिहार विधानसभा चुनाव में नीतीश कुमार के नेतृत्व में जेडीयू-बीजेपी गठबंधन को 200 से अधिक सीटें मिलीं. जेडीयू अकेले ही 115 सीटों के साथ बहुमत के करीब आ गयी थी, जिसका अर्थ था कि अब उसे भाजपा की ज्यादा जरूरत नहीं थी। अब नीतीश कुमार प्रधानमंत्री बनने का सपना देखने लगे थे।

सुशासन के बावजूद, उन्हें बुद्धिजीवियों और अंग्रेजी भाषी मीडिया से ज्यादा प्रशंसा नहीं मिल रही थी। बुद्धिजीवियों और पत्रकारों को नीतीश कुमार से एक ही शिकायत थी, की वह धर्मनिरपेक्ष नहीं थे। उन दिनों धर्मनिरपेक्षता का प्रमाणपत्र प्राप्त करने का एकमात्र सरल उपाय था, नरेंद्र मोदी की आलोचना करना। नीतीश कुमार ने इस सुगम मार्ग को अपना लिया।

नरेंद्र मोदी को निशाना बनाते हुए वह बोले “सत्ता के लिए कभी टोपी भी पहननी पडती है कभी टीका भी लगाना पड़ता है”। जब यह स्पष्ट हो गया कि नरेंद्र मोदी ही भाजपा के प्रधानमंत्री पद के उम्मीदवार होंगे, नीतीश कुमार ने “अब यह अटल बिहारी की भाजपा नहीं है” ऐसा कहकर बिहार सरकार से भी भाजपा को बाहर कर दिया। बाहरी मोदी के प्रधानमंत्रीपद के चक्कर में बिहारी मोदी को उपमुख्यमंत्री पद से हाथ घोना पडा।

लेकिन आगे चलकर बाहरी मोदीके नेतृत्व में बिहार सहित पूरे भारत में कमल की बहार आयी। नीतीश कुमार को उनके टीका टोपी की राजनीती के लिये उनके आलोचकों से टीका का सामना करना पडा और जीतन राम मांझी को राजतिलक सौंपना पडा।

2015 के विधानसभा चुनावों में उन्हें लालू प्रसाद यादव के साथ गठबंधन करना पडा क्योंकि उनके पास और कोई चारा भी नहीं था। अमीत शाह को शह देकर वह जीत तो गये लेकिन उन्हें कुछ महीनों में ही ईस बात का एहसास हो गया कि यह कोई महागठबंधन नहीं किन्तु एक महाठगबंधन है। फिर उन्होंने देखा कि टीका और टोपी तो दूर, भगवा वस्त्रधारी योगी आदित्यनाथ उत्तर प्रदेशके मुख्यमंत्री बने।

अब उनका मन विचलित होने लगा था लेकिन विपक्षी पार्टियों का गठबंधन उन्हें इतनी आसानी से नहीं जाने देता क्योंकि नीतीश कुमार ऐसे महानायक है जो दलित को महादलित और गठबंधन  को महागठबंधन बना दे। लेकिन  अब वह धीरे-धीरे लालू प्रसाद यादव और उनके परिवार के घोटालों से तंग आ चुके थे और लगभग महागठबंधन छोडने का मन बना चुके थे। केवल एक हिचकिचाहट बाकी रह गयी थी कि क्या विपक्षी पार्टियों का गठबंधन नरेंद्र मोदी को 201 9 में  चुनौती दे सकता है?

लेकिन राहुल गांधीने उनसे मिलकर यह आखिरी हिचकिचाहट भी दूर कर दी।

The criminal silence of ‘liberals’ when RSS workers are being killed

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Kerela is the bastion of the Communists since 1967. RSS, being the ideological foe of the communists i.e the ultra-left, there’s a strong tussle for power and might. Kerela has witnessed many politically motivated murders ever since communists preponderated over the state.

Hundreds of RSS and BJP workers have been liquidated ever since RSS opened its first Shakha in the state, and it still persists with the patronage of the new regime. This politically motivated murders finally came into limelight only in the recent times.

In last year, 14 RSS men have been hacked to death; and at least three of them were dalits. Suddenly Dalit Lives don’t matter for the “liberals”. Indian Liberals who generally masquerade as flag-bearers of all that is pure and good and outrage over the so-called ‘fascism’ of the right and are generally engrossed in decorating RSS as ‘the bad guy’, are amusingly reticent on the murders of RSS workers in Kerela.

Ann Coulter, American Columnist has exposed the hypocrisy of the Liberals saying, “Liberals find no bad guys on the left. There are only people who’ve been driven to desperation by conservative evil according to them”.

Indian Liberals, who are generally romancing the left, find no amiss in what is happening in the communist ruled state. All the ‘self-celebrated’ intellectuals, who believe they have monopoly over decision of right and wrong are now tight-lipped. In fact, some of them even went to an extent to call this savagery of the left as some ‘Fascist propaganda’. They are now reduced to washing the crimes of real fascists.

If this doesn’t reveal the sadist nature of these liberals, what will? They surely have no concern for the lives of conservatives, especially of Hindus. I just want to ask this violence-loving Hindu-bashing apologists of Islamofascism impersonating as envoys of humanity; why such tranquility and hostility towards RSS, which is the victim of the terrorists of the ideology you are in bed with? Don’t the RSS workers who have been lynched, assassinated and slaughtered have enough high standards to qualify for your #NOTINMYNAME protests?

Please be honest about your hypocrisy and hate.

What no one is talking about – The real impact of Nawaz Sharif’s disqualification

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I was following the news on the disqualification of former Prime Minister of Pakistan, Nawaz Sharif by the Supreme Court on account of the infamous Panama Case. I was checking the reactions on social media. Most of the reactions seemed to only focus on politics. For a lot of people in the online Pakistani community, the concern was primarily the corruption charges and they cheered the decision of the SC.

While news & social media was busy, the markets started showing jitters. The KSE-100 tanked 3.6% in early trading after the verdict, but as initial news of Shehbaz Sharif taking over the helm from his brother percolated, the markets bounced back to their previous levels. KSE-100 had already seen a lot of volatility this year, partly due to the listing of Pakistani Stocks in MSCI Emerging Markets Index.

What no one was talking about in the media was about the long-term economic impact of political instability. The incident reiterated once again that, rather than the voters removing the Pakistani PM, judges, bureaucrats, the military establishment and even assassinations have done that job.

To say that the international credit rating agencies, IMF & MSCI (Morgan Stanley Capital International Index) are not watching this event closely is being too naïve.

Despite Pakistani stocks not getting the weightage that they wanted in MSCI-EM(Emerging Markets) Index (0.10% rather than the expected 0.19%), political stability, a clean handover of the Democratic reign from the PPP to PML-N and the ambitious plans/reforms promised by this government, was the primary factor that drove the inclusion. It was also the reason for IMF to be cautiously ‘optimistic’ about the country.

Pakistani economy, for now, is being propped up by a lot of debt. Whether it was the multiple bailouts from the IMF or Chinese state owned enterprises investing through CPEC (China-Pakistan Economic Corridor). Pakistani needs ‘at least’ 4-5% of consistent GDP growth for the next 2 decades to tide over any possibility of a mega-default.

I don’t have much opinion of political parties, ideologies or political struggle within Pakistan. But, if the possible future PM Mr Shehbaz Sharif or the current PM Shahid Khaqan Abbasi, face similar scrutiny due to the Panama Case or any other case and are weakened or worse removed before his term ends; there will be a backlash from international investors. There is a real possibility that rating agencies might downgrade Pakistani Government Bonds negatively impacting the ability of the State to raise funds to bridge fiscal deficits (Moody’s have already raised concerns). Too much debt is a toxic mix with political instability, which will put pressure on Pakistani currency leading to more depreciation. MSCI-EM might also reduce their exposure to Pakistani stocks in their kitty (especially Bank stocks).

Chinese investments is a whole different ball game, as there is no public data available on what rate of returns or sovereign guarantees the Pakistani government has promised to their Chinese counterparts. It’s difficult to comment that, but one can safely guess it will be on the higher side.

There is no political party in the National Assembly, which can stand up to the majority that PML-N holds. Holding another election, if it brings a hung National Assembly might trigger a market panic.

In short, there are no real good choices. The best strategy will be to take the least painful path. Pakistani political leaders will have to be careful; they have too much at stake to gamble.

Annals of ridiculous trademark lawsuits

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Trademark law gives you the exclusive rights to protect your brand, not to misemploy the law ridiculously. There has always been a mad world out there. There are so many trademark ideas out there. Besides all the serious lawsuits, let’s check out these crazy claims and defences of trademark ever issued.

Monster Cable thinks they own the right to the word ‘MONSTER’

An American company, ‘Monster, Inc.’ which is best known for its audio and video cables. Over the years the company is somewhat famous as a trademark bully. Monster Cable has invested a lot in MONSTER as their premium brand, holds more than 70 such trademarks. It really seemed absurd. It has fought about 190 monsters battles. So, legal actions are nothing new for Monster Cable, since the company has fought more monsters than Godzilla did.

The monster cable has sued the purveyors of the monster brand because their names are too similar, monster transmission, monster mini golf, monster energy drinks, chicago bears their nickname is ‘monster of the midway’ despite the fact they are totally unrelated businesses.

This may not be the end of the battles; there are many more things they should sue because they think their customers are stupid to know the difference among a cartoon, an energy drink and a golf ball.

 T-Mobile owns the ‘Magenta Color’

T-mobile, a major wireless network operator, trademarked magenta colour as their colour. The shade of pink featured T-Mobile products in magenta. T-Mobile does not refrain from reminding the fact of the magenta colour.

T- Mobile sued against Aio Wireless, a subsidiary of AT&T accuses of using its traditional magenta colour. It seems the company is more concerned about its magenta colour. Before also the company notify the tech web site Engadget for using the magenta colour in a couple of words in their logo.

To refrain the company from the logo that bears any resemblance to T-Mobile’s, but a colour? Did any company use another’s trademarked colour purposely? T-Mobile is convinced that people would get confused when they think of magenta colour. But, what if magenta colour hues in the rainbow? Is T-Mobile going to sue God for using their trademarked colour? The concept of own a colour as trademark sign seems so ludicrous. What about the freedom of artistic expression?

KFC tried to claim the Tan Hill Pub of using its trademark phrase ‘FAMILY FEAST’

Kentucky Fried Chicken, popularly known by its initials KFC, is the fast food giant restaurant chain. KFC own the phrase ‘FAMILY FEAST’ to advertise its products which include a bucket of fried chicken, chips, coleslaw, gravy and a bottle of fizzy drink.

KFC filed a lawsuit against the Tan Hill Pub for using the trademark phrase ‘Family Feast’. Tan Hill Inn is the England’s highest pub in Britain which is lies between Brough and Reeth. On every Christmas only, the pub serves a holiday meal called Family Feast which includes pate, turkey, roast beef and pudding.

The fast food giant ordered the Tracy Daly, the owner of Tan Hill Pub to remove the ‘Family Feast’ from her menu. KFC has to protect its trademark against those who seek to trade off its brand, not just the phrase.

Edge Games own every conceivable use of ‘EDGE’ in video game titles

Edge Games, founded by Tim Langdell, is a video game developer. ‘EDGE’ is the world where Tim Langdell lives in. They own every conceivable use of the word ‘edge’ in video game titles for no reason.

Edge Games have been involved in a number of trademark disputes over the ‘Edge’ trademark. If you use “Edge” in your title, no matter business is related or not, considered as violating Tim Langdell’s trademark.

Langdell has pissed off so many people that Electronic Arts is suing to overturn Langdell’s trademark. If you look into the history of Tim Langdell, he is associated with a magazine name ‘Edge Magazine’, a comics character name ‘Edge’, a movie name ‘The Edge’. My question is what Tim Langdell did with these projects.

Diamond Dallas sued Jay-Z over his use of a diamond cutter ‘Hand Gesture’

Diamond Dallas page, popularly known as DDP, is a semi- retired professional wrestler and fitness instructor. DDP is associated with a hand gesture, a diamond cutter symbol which is made by joining the thumbs and index fingers.

Diamond Dallas page spreads his fingers after the diamond if formed by other thumbs and pointers. The pro wrestler DDP has been using the hand gesture symbol for the last decade inside the ring as his trademark wrestling persona and also as a cover page of his book “Yoga for regular guys”.

Dallas page filed a trademark lawsuit against Jay-Z, a rapper who is accused to illegally adopted the trademarked diamond cutter hand gesture. Before also Page has filed a lawsuit for Hov’s use of diamond cutter hand gesture. That hand symbol has come to be the sign of Roc-a-fella records.

Is it possible that Jay-Z and Diamond Dallas Page would ever be confused or the hip-hop and wrestling crowds somehow intersect?

Big Breaking!!! Watch this! The secret behind BJP’s recent election victories is finally out!!

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BJP has managed to win several big elections since January this year, except for Thane, Mumbai Municipal Corporation of course. Critics, as well as opposition parties, often blamed faulty EVMs. One of the machines was found to be faulty. It was transferring other candidate’s votes to the BJP. But now the real reason behind these victories is out in public.

The video has gone viral on social networking sites and it highlights BJP Chief Amit Shah’s master strategy as well as the tool that’s helping him!

Watch this!