No Ola or Uber, but auto sales dip in state

Panaji: The state’s automobile industry is on a downward spiral, with the second quarter of 2019 seeing a sharp 14% drop in sales, the Goa …

Copyright © 2019 Bennett, Coleman & Co. Ltd. All rights reserved. For reprint rights: Times Syndication Service

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Winning streak chal raha hai: Success in fog of competition

Darshan Patel, 57, is busy finalizing the growth plan for Vini Cosmetics which produces Fogg deodorants. Patel is even willing to give up the …

Copyright © 2019 Bennett, Coleman & Co. Ltd. All rights reserved. For reprint rights: Times Syndication Service

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Mystery Huawei device surfaces on Kirin 990 SoC benchmark; chip still falls short of A13 Bionic

The component is designed by the Chinese manufacturer’s HiSilicon unit and is manufactured by TSMC using its 7nm+ EUV process. Essentially, EUV …

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Forrester Updates Customer Experience Platform, Oracle and Deloitte Partner in CDP, More

Dynamic Yield has released Affinity-Based Personalization, designed to automatically generate user affinity profiles. Dynamic Yield officials can now …
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PHOTO:Bank Phrom

Forrester has released FeedBackNow 2.0, the second version of its cloud-based customer experience platform. The platform combines digital and physical channel feedback with Forrester’s body of customer experience analytics. It is designed to capture real-time, relevant and contextual feedback, according to Forrester officials. The consulting firm acquired FeedBack Now in June 2018.

In other customer experience software news ….

AdRoll Group Rebrands as NextRoll, Launches Marketing Platform Services

AdRoll Group rebranded itself as NextRoll this week, now calling itself a marketing and data technology company. NextRoll is also introducing external APIs to open its infrastructure, technology and data. NextRoll is now composed of three business units: RollWorks, an account-based platform for B2B marketing and sales teams; AdRoll, a growth marketing platform for direct-to-consumer (DTC) brands; and NextRoll Platform Services, a marketing-technology-as-a-service offering.

Iterable Releases Cross-Channel Marketing Solution

Iterable, a cross-channel growth marketing platform, announced the release of Catalog, a solution designed to help marketers customize campaigns leveraging contextual metadata. Marketers can orchestrate engagement across email, mobile push, SMS, in-app and other messaging channels based on first-party customer data. Officials call Catalog a metadata-driven individualization engine that is designed to create personalized messaging experiences.

Oracle, Deloitte Partner in CDP

Oracle and Deloitte Digitalhave partnered to deliver Oracle’s Customer Data Platform (CDP) capabilities. Deloitte Digital is a Global Cloud Elite Platinum level member of the Oracle PartnerNetwork (OPN). They will be working together to help brands with the technology in the Oracle CX Unity platform, which includes CDP solutions. Oracle CX Unity is pre-integrated with Oracle Customer Experience (CX).

Benchmark Email and Hatchbuck Merge

Benchmark Email and Hatchbuck, which each produce sales and marketing solutions, announced they have merged. They’ll offer a combined email marketing automation technology and CRM, among other solutions. The combined entity will operate under the Benchmark name and has US offices in St. Louis and Los Angeles along with representation in 15 other countries. Jonathan Herrick, previously CEO and co-founder of Hatchbuck, is the new CEO. Curt Keller, previously CEO of Benchmark, will move to chief innovation officer and chairman of the board.

Sciensio Rebrands as 42Chat

Sciensio, which provides an AI chatbot for customer support, has rebranded as 42Chat. An events bot the company created, Betty, once asked, “What’s the meaning of life?” and the team at Sciensio replied, “42 … at least according to The Hitchhiker’s Guide to the Galaxy” — hence the new name.

Atrium Releases Service to Help with AI

Atrium, a consulting company, has announced Elevate, a service offering to help companies with current or new investments in AI. The offering helps companies identify the possibilities available with AI, implement AI tech and support the tuning of AI platforms.

Dynamic Yield Announces Personalization Platform

Dynamic Yieldhas released Affinity-Based Personalization, designed to automatically generate user affinity profiles. Dynamic Yield officials can now match a visitor’s browsing activities with the attributes of the products they interact with and build an affinity profile for each individual in real-time, according to company officials.

Adobe Announces Customer Journey Analytics

Adobe this week announced Customer Journey Analytics in Adobe Analytics. It leverages capabilities out of the Adobe Experience Platform, which brings together customer data from across an organization. In Customer Journey Analytics, users can curate metrics such as orders, conversion and visits across different channels with Adobe Experience Platform. Adobe also updated capabilities in its personalization platform, Adobe Target.

DiscoverOrg Rebrands, Debuts Platform

DiscoverOrg announced it is launching a new flagship go-to-market platform and changing its name to ZoomInfo, which it acquired in February. The new platform will be known as ZoomInfo powered by DiscoverOrg. ZoomInfo Powered by DiscoverOrg features a combination of proprietary AI and machine learning tools, a contributory network, two-way business application integrations and human verification from researchers.

Optimizely Updates Experimentation Platform

Optimizely shared the latest update to its experimentation platform at its industry conference this week. Performance Edge is a new add-on for Optimizely Web that enables teams to scale client-side experimentation. It also announced Optimizely Data Lab, a toolkit for data professionals. The company also added new machine learning capabilities within Optimizely Personalization.

Hero Digital Appoints Frend as First President

Hero Digital, a customer experience company, has named Patrick Frend as its first president. Frend will oversee the company’s client portfolio and practice areas and will report to Hero Digital CEO and co-founder David Kilimnik. Frend last worked at GALE Partners, where he served as managing director. Prior to his position at GALE, Frend spent 18 years at Razorfish.

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GrabOnRent Accedes To Delhi HC Order On Trademark Infringement By GrabOn

PolicyBazaar had obtained an ex-parte injunction in a trademark infringement case against Acko in May. In the case of keywords for AdWords, …
GrabOnRent Accedes To Delhi HC Order On Trademark Infringement By GrabOnGrabOnRent Accedes To Delhi HC Order On Trademark Infringement By GrabOn

In an agreement before the Delhi High Court Mediation and Conciliation Centre, GrabOnRent entered into a settlement with GrabOn and agreed that it shall refrain itself and its vendors, distributors, sellers, etc. to sell, advertise or deal in goods or services under the mark “GrabOnRent”, “GrabOn” or similar trademark and domain name within the agreed timeframe.

The settlement came in the light of trademark infringement case filed by Hyderabad-based deals and coupons startup GrabOn against Bengaluru-based on-demand product rental marketplace GrabOnRent.

GrabOnRent was founded in September 2015 by Manish S. Sugandhi, Shubham Jain and Aditya Sharma. It helps users in renting products online across categories. GrabOn was founded in September 2013 by Ashok Reddy and offers coupons and deals.

What Went Wrong?

GrabOn filed a lawsuit against GrabOnRent in the Delhi High Court, on the grounds of misusing the former’s goodwill and causing confusion due to the deceptively similar brand names. The company claimed that new users are often confused between the names “GrabOn” and “GrabOnRent”, resulting in the wrong attribution in customer reviews, feedback and queries.

GrabOn further claimed that it has been bearing the brunt of negative customer reviews and complaints which were actually intended for GrabOnRent but diverted to GrabOn due to confusing brand names.

Under the settlement agreement, GrabOnRent agreed to place a disclaimer on each and every page of their website and mobile app mentioning that they have no relation with GrabOn.

The decree further demands that GrabOnRent has to destroy all the article/goods including visiting cards, tags, labels, dies etc., bearing the mark “GrabOnRent” or any other mark deceptively similar to “GrabOn” by July 31, 2020. GrabOnRent has also paid damages to GrabOn.

Inc42 queries on the matter sent to GrabOnRent didn’t elicit any response till the time of publication. Ashok Reddy, founder and CEO of GrabOn said, “I’m pleased with the quick resolution we got out of this lawsuit. It takes an immense amount of effort, time and capital to build a brand like ours.”

Trademark Issues In The Startup Ecosystem

Customers recognise and relate a product through the company’s logo, brand name, slogan, and more. Trademark registration enables a company to secure the legal right to a particular brand name and logo, along with control over how and where these elements are used.

However the bigger a brand, the higher the chances of it being imitated by other companies looking to benefit from the recall value. The Indian startup ecosystem has witnessed several instances of trademark violations, however, it’s not always smaller entities being dragged to court. There have also been instances wherein major companies such as Flipkart have been forced to defend their products.

For instance, in December 2018, MakeMyTrip (MMT) filed a case against five companies for using “deceptively similar-sounding names”. In its complaint, MakeMyTrip reportedly alleged that the five companies — MakeMyYatra, MakeMyJourney, Make My Happy Journey, Pick My Trip and Superb My Trip — have used similar names and some have also copied its logo.

In October 2018, Delhi-based electric appliances maker Marc Enterprises filed a case against ecommerce company Flipkart’s private label MarQ. Prior to this, Metro Shoes, a multi-brand footwear chain in India, accused Flipkart of selling a private label by the brand name of Metronaut, which is deceptively similar to Metro’s eponymous brand.

Most recently in June 2019, the Delhi High Court fined PolicyBazaar INR 10 Lakh after it emerged that the company had concealed facts from the court against Binny Bansal-backed insurance company Acko. PolicyBazaar had obtained an ex-parte injunction in a trademark infringement case against Acko in May.

In the case of keywords for AdWords, in October 2018, ShareChat had dragged Helo to the court accusing it of inappropriately using its name to get a higher ranking on search words and placing bids on the ‘ShareChat’ keyword on Google’s advertising platform. According to legal experts, normally such lawsuits are dealt under trademark law.

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