European Commission once more proved that they can play GOD

Microsoft offered legally binding commitments to boost competition on the web browser market which was adopted by the European Commission. The Commission expressed it’s concerns that Microsoft may have tied its web browser Internet Explorer to the Windows PC operating system which will amounts to breach of EU rules on abuse of a dominant market position as envisaged under Article 102 of the Treaty on the Functioning of the European Union -TFEU.
Under the commitments approved by the European Commission, Microsoft will make available for five years in the European Economic Area (through the Windows Update mechanism) a " Choice Screen" enabling users of Windows XP, Windows Vista and Windows 7 to choose which web browser(s) they want to install in addition to, or instead of, Microsoft's browser Internet Explorer.
The commitments also provide that computer manufacturers will be able to install competing web browsers, set those as default and turn Internet Explorer off.
By way of a Statement of Objections sent to Microsoft by the European Commission on 15 January 2009 which outlined the European Commission’s preliminary view that Microsoft may have infringed Article 82 of the EC Treaty (now Article 102 of the Treaty on the Functioning of the European Union) by abusing its dominant position in the market for client PC operating systems through the tying of Internet Explorer to Windows.
The Commission take a view at first instance that competition was distorted by Microsoft tying Internet Explorer to Windows, because it offered Microsoft an artificial distribution advantage not related to the merits of its product on more than 90 per cent of personal computers. Furthermore, the Commission hold such a view that this tying hindered innovation in the market and created artificial incentives for software developers and content providers to design their products or web sites primarily for Internet Explorer.
The commitments filed by Microsoft and approved by the European Commission address these concerns. PC users, by means of the Choice Screen, will have an effective and unbiased choice between Internet Explorer and competing web browsers. This should ensure competition on the merits and allow consumers to benefit from technical developments and innovation both on the web browser market and on related markets, such as web-based applications.
The Commission's decision is based on Article 9 of Regulation 1/2003 on the implementation of EU antitrust rules. It takes into account the results of the market test launched in October 2009. This decision, which does not conclude whether there is an infringement, legally binds Microsoft to the commitments it has offered and ends the Commission's investigation. The Commission could impose a fine of up to 10% of Microsoft's total annual turnover without having to prove any violation of EU antitrust rules, if it turned out later that Microsoft broke its commitments. A review clause in the commitments allow the Commission to review the commitments in two years, as Microsoft will report regularly on the implementation of those commitments and under certain conditions make adjustments to the Choice Screen upon the Commission's request. Microsoft also made proposals in relation to disclosures of interoperability information that would improve interoperability between third party products and several Microsoft products, including Windows, Windows Server, Office, Exchange, and SharePoint.Competition Commissioner Neelie Kroes in a press release by the EC expressed that : "Millions of European consumers will benefit from this decision by having a free choice about which web browser they use. Such choice will not only serve to improve people's experience of the internet now but also act as an incentive for web browser companies to innovate and offer people better browsers in the future

EC's communication on Competition Law applicable to motor vehicle sector

European Commission had published a communication on new competition law applicable to motor vehicle sector as the Commission Regulation (EC) No 1400/2002 ("the Regulation”), which was adopted in July 2002 (applicable on 1 October 2003) will expire on 31 May 2010.
The specific block exemptions regulations since the mid-eighties, to the motor vehicle sector, which includes passenger cars and commercial vehicles regulated by Commission Regulation (EC) No 1400/2002 relieving the contracting parties from the need to analyse whether those agreements can benefit from the exception provided for in Article 81(3) is to be replaced. So the EC had invited stakeholders to submit comments on it before 25th of September 2009.

Nevada Trademark Law

For filing a trademark in Nevada State, US you should submit Mark registration form 1 along with a fees of $ 100/-. The term of the mark is for 5 years and should be renewed before the expiry of the term. Nevada Revised Statutes -Chapter 600 deals with the registration of trademarks.
NRS 600.340 Application for registration: Contents; requirements; fee; return for correction.
1. A person who has adopted and is using a mark in this State may file in the Office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information:
(a) Whether the mark to be registered is a trademark, trade name or service mark;
(b) A description of the mark by name, words displayed in it or other information;
(c) The name and business address of the person applying for the registration and, if it is a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation or organization;
(d) The specific goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the Secretary of State which includes those goods or services;
(e) The date when the mark was first used anywhere and the date when it was first used in this State by the applicant or his predecessor in business which must precede the filing of the application; and
(f) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this State either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.
2. The application must:
(a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
(b) Be accompanied by a specimen or facsimile of the mark on white paper that is 8 1/2 inches by 11 inches in size and by a filing fee of $100 payable to the Secretary of State.
3. If the application fails to comply with this section or NRS 600.343, the Secretary of State shall return it for correction.
(Added to NRS by 1979, 596; A 1993, 489; 1997, 159; 1999, 1636; 2001, 3195; 2005, 2277)
NRS 600.343 Criteria for specimen accompanying application for registration; change after registration.
1. A specimen accompanying an application for the registration of a mark must meet the following criteria:
(a) The specimen must agree with the mark as described in the application, must agree with the mark as used, and evidence use of the mark.
(b) If the specimen is a drawing, it must be a substantially exact representation of the mark as actually used.
(c) The specimen must fit on a page of paper not larger than 8 1/2 inches by 11 inches.
(d) A specimen may be a facsimile or photograph of the mark.
(e) The specimen must be suitable for reproduction, retention and retrieval.
2. After registration, an applicant may not change the specimen if the change constitutes a material alteration of the mark.
(Added to NRS by 1997, 158)

NRS 600.290: "Service Mark" means a Mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
NRS 600.300: "TradeMark" means any word, name, symbol or device or any combination of them adopted and used by a person to identify goods made or sold by others.
NRS 600.310: "Trade name" means a word symbol device or any combination of them used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.

Trademarks defined in Indian Law

Section 2 [1](zb) of Trademarks Act 1999 “trade mark” means a mark capable of being represented graphically and
which is capable of distinguishing the goods or services of one person from
those of others and may include shape of goods, their packaging and
combination of colours: and--
(i) in relation to Chapter XII (other than section 107), a registered
trade mark or a mark used in relation to goods or services for the purpose of
indicating or so as to indicate a connection in the course of trade between the
goods or services, as the case may be, and some person having the right as
proprietor to use the mark: and
(ii) in relation to other provision of this Act, a mark used or proposed to
be used in relation to goods or services for the purpose of indicating or so to
indicate a connection in the course of trade between the goods or services as
the case may be, and some person having the right, either as proprietor or by
way of permitted user, to use the mark whether with or without any indication
of the identity of that person , and includes a certification trade mark or collective
mark:

VW and Porsche Merger

Wendelin Wiedeking, Germany's highest-paid executive,The chief executive of Porsche, forced to quit along with , Holger Härter, Finance chief. Will this accelerate merger of Volkswagen and Porsche.VW chairman Ferdinand Piëch, is the grandson of Ferdinand Porsche who designed the original VW Beetle. Ferdinand Porsche is the founder of Porsche and VW during 1930s. Yet another Merger and Acquisition process watched by commercial world as well as the watchdogs, Competition Authorities round the globe.