Jun 7, 2023 | General, IPR & Business
A Non-Disclosure Agreement (NDA) is a formal commitment to refrain from sharing sensitive information with unauthorized individuals. It is crucial in a wide range of corporate transactions, employment agreements, negotiations, and any situation involving the exchange of confidential information. It is a legally enforceable contract that establishes a framework for safeguarding confidential and proprietary data, trade secrets, and other valuable information that contributes to a competitive advantage. NDAs foster trust and enable secure collaborations, business partnerships, and knowledge sharing without the risk of unauthorized disclosure or misuse. Failure to adhere to an NDA can result in legal repercussions, such as litigation or financial penalties.
There are essentially two main types of NDAs. A one-way NDA is utilized when one party discloses sensitive information without expecting reciprocal disclosure. Conversely, a mutual NDA is implemented when both parties are involved in sharing confidential material and have mutually agreed to safeguard it.
How does NDA protect IP?
Intellectual property (IP), which includes trademarks, patents, copyrights, and other forms of creative assets, plays a crucial role in establishing authority, quality, and distinctiveness in the dynamic and competitive business environment, where companies strive to set themselves apart and achieve uniqueness. Certain types of IP, such as trade secrets, are considered confidential due to the potential harm that their disclosure to competitors can cause. Therefore, companies are highly concerned about protecting their IP and employ various measures, including registration and the use of NDA. NDAs are particularly significant when sharing sensitive information with investors or venture capitalists, as they provide a legal framework to prevent unauthorized use or replication of ideas by individuals who have access to confidential data. By implementing a NDA, companies can effectively safeguard their IP, maintain their competitive advantage, and ensure the preservation of their innovative ideas.
Before engaging in collaborations or recruiting external parties, it is crucial to have a well-drafted non-disclosure agreement (NDA) in place. This ensures that any sensitive information, proprietary knowledge, or trade secrets shared during the course of your business relationship remain confidential.
When is an NDA needed?
Starting from the research and development phase, it is vital to require all individuals involved, including employees, contractors, consultants, or any other party with access to confidential information, to sign the NDA. By doing so, everyone is legally obligated to maintain the confidentiality of the information they have access to. Incorporating NDAs into your business practices establishes a clear framework that outlines the obligations and responsibilities of all parties. This not only safeguards your intellectual property but also fosters a culture of trust and confidentiality within your organization.
Some situations where NDA may be necessary are given below:
- When two companies get into a joint venture to develop a new product and exchange their own trade secrets and technologies.
- When a corporation licenses or transfers its technology, software, or other IP to another entity.
- If you are presenting your work or invention to potential manufacturers or suppliers for manufacturing or distribution.
- When enlisting the help of contractors, development teams, or consultants to assist with the conception, refining, or commercialization of your innovation
- It is generally beneficial to have relevant parties (patent attorneys, patent agents, or patent search firms) sign an NDA prior to filing a patent application.
- Participants in certain innovation challenges, or startup competitions may be asked to reveal details about their innovations or business plans.
It is always recommended to sign an NDA with all involved parties to ensure safety of your IP and confidential information. However, there may be certain situations where requesting an NDA may be deemed unnecessary and could potentially deter potential collaborators. If you will not be sharing any confidential or proprietary information, there may be no need for an NDA. Some other situations are:
- If freelancers are not exposed to sensitive information that could benefit competitors, an NDA may not be required.
- If you are still in the process of deciding whether or not to engage with a particular vendor or agency, they might be hesitant to sign an NDA if they have not yet secured you as a client. In such cases, it may be more appropriate to wait until there is a mutual agreement in place before requesting an NDA.
- If the information or intellectual property is already publicly accessible, such as through publications, websites, or open-source platforms, there may be no need for an NDA.
- In collaborative environments like open innovation projects or forums, where the goal is to foster idea-sharing and creativity, participants often rely on open collaboration principles and freely contribute without the need for NDAs.
Precautions to safe-guard IP
In case of an invention, it is best to at least file a provisional application before disclosing it. Provisional application can be filed even when the invention is not fully completed. After filing the provisional application, you have 12 months to file the Complete Specification.
It is of utmost importance to ensure that the NDA includes provisions that outline the consequences that will be faced if either party breaches the agreement. This step is crucial in making the NDA legally binding and enforceable. In the event that the terms of the NDA are violated, it is preferred to have the ability to pursue legal action to safeguard one’s rights. This may involve taking the matter to court, engaging in mediation, or seeking compensation for any damages incurred. By incorporating a clause that clearly states the repercussions of breaching the NDA, it strengthens the agreement and serves as a deterrent for the other party to comply with its conditions regarding the protection of your intellectual property.
Conclusion
Overall, having a comprehensive NDA in place is a critical measure to protect your intellectual property and preserve your business interests throughout the various stages of research, development, recruitment, and collaborations. It provides reassurance that sensitive information will be treated with the utmost care, minimizing the risk of leaks, misappropriation, or unauthorized use. Ensure that you have a solid NDA that covers all possible outcomes. Do a background check on the entity/person you want to hire or work with before signing the NDA and disclosing any IP.
Submitted by: Indra Priyadarshini, Origiin IP Solutions LLP.
Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)
Subscribe to YouTube Channel HERE
Join LinkedIn Group: Innovation & IPR
WhatsApp: +91 74838 06607
Jun 7, 2023 | General
In the year 1977, despite the absence of established safeguards for women, the Supreme Court acknowledged their importance in the case of Vishaka & Ors. vs. State of Rajasthan. As a result, several laws were subsequently established in India to prevent the sexual harassment of women.
One significant legislation is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly referred to as the ‘PoSH Act.’ This Indian law was enacted to foster a safer work environment by preventing, prohibiting, and addressing instances of sexual harassment. The Ministry of Women and Child Development enforced this law nationwide in December 2013. Under this Act, sexual harassment is recognized as a violation of a woman’s fundamental rights, including equality, dignity, and the freedom to pursue any profession or occupation. By acknowledging the importance of safeguarding women’s well-being at work, the PoSH Act plays a vital role in promoting gender equality and protecting the rights of women.
PoSH Compliance
The scope of the POSH Act extends to cover companies, workplaces, facilities, or organizations with a workforce of ten or more individuals, regardless of their employment type (full-time, part-time, interns, or contract workers), industry, or location.
According to definition of workplace given under section 2, the PoSH Act applies to workplaces of all types, including government and private sector offices, factories, shops, and more. It is intended to protect women in the workplace from sexual harassment, regardless of their age, marital status, or position within the company. The policy also covers women who are indirectly associated with the company, such as contractors or service providers under its control and supervision. Its purpose is to provide comprehensive protection and support to all women in the workplace, regardless of their employment status or contractual arrangements.
This legislation outlines several essential measures that companies must implement to establish a conducive workplace environment for their female employees. These measures include:
- Formulating a policy aimed at preventing sexual harassment within the company.
- Establishing an Internal Complaints Committee (ICC) responsible for handling and resolving sexual harassment complaints.
- Conducting regular awareness programs to educate employees about their rights and responsibilities in creating a safe workplace.
- Preparing and submitting an annual POSH Compliance Report to ensure ongoing adherence to the Act’s requirements and guidelines.
By adhering to these prescribed measures, companies can proactively cultivate an environment that prioritizes the well-being and security of their female workforce, thereby fostering an inclusive and supportive workplace culture.
PoSH Policy
The PoSH policy encompasses the guidelines and procedures that Indian companies must follow to comply with the law. The PoSH Act mandates every company to establish an Internal Complaints Committee (ICC) responsible for investigating sexual harassment allegations. The policy outlines the composition, duties, and responsibilities of the ICC, as well as the procedures for handling and resolving complaints. It also sets specific timelines for conducting investigations and resolving cases related to sexual harassment.
Furthermore, the policy provides protection to women who report sexual harassment complaints, safeguarding them from any form of victimization or retaliation. In accordance with the PoSH Act of 2013, companies are also obligated to conduct regular awareness and training programs on sexual harassment prevention and ensure a safe and supportive workplace for all employees.
Non-compliance with the PoSH Act can result in legal and financial consequences for employers. Hence, it is crucial for companies to establish and enforce the PoSH policy, prioritizing employee protection and fostering a positive work environment.
Important clauses in a PoSH Policy
- Scope and Objective– The policy should start with a section that introduces its purpose, scope, and application. It should provide a comprehensive overview of the policy’s extent, including the types of employees (full-time, part-time, contract-based, interns) and workplace environments (offices, branches, remote locations) to which it pertains.
- Definitions- This clause of the policy should provide proper definitions of important terms like employer, workplace, employee, aggrieved woman, sexual harassment, etc. which is also in line with the definitions provided in the PoSH Act.
- Prohibition of Sexual Harassment– The policy should clearly state that the workplace has a zero-tolerance policy towards sexual harassment and that all forms of harassment will be met with appropriate disciplinary measures.
- Responsibility of the Employer– The policy should highlight the role of the employer in ensuring the prevention of sexual harassment at workplace and o diligently implement the PoSH policy in the company.
- Internal Complaints Committee– The policy should include information about the ICC’s composition, functions, and duties, as well as their training and the method for reporting complaints.
- Complaint Procedure– The policy should provide the process to submit a complaint to the ICC including the time limits. It should also mention the procedure for ICC to receive, investigate and decide upon the complaint accordingly.
- Confidentiality- The policy should emphasis on maintaining the confidentiality and privacy of those involved in the complaint procedure.
- Training and Awareness Program- The policy should encompass provisions regarding the implementation of routine awareness and training initiatives focused on preventing sexual harassment, guaranteeing that all employees are well-informed about their rights and obligations in this regard.
- Disciplinary Action- The policy should clearly mention what kinds of disciplinary action will be taken against employees for non-compliance with the PoSH policy.
To conclude, the implementation of a PoSH Policy in every company is the right step to take to ensure a safe and inclusive workplace for all employees, especially women. It is the fundamental right of every woman to be able to work in a dignified manner, without being exposed to harassment. Thus, having a PoSH policy can empower employees, promote equality, and ultimately lead to the overall success and well-being of a company.
Author: Indra Priyadarshini, Origiin IP Solutions LLP
Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)
Subscribe to YouTube Channel HERE
Join LinkedIn Group: Innovation & IPR
WhatsApp: +91 74838 06607
Jun 1, 2023 | General
Shell is one of the world’s largest multinational oil and gas companies. Officially known as Royal Dutch Shell plc, the company was formed in 1907 through the merger of Royal Dutch Petroleum and Shell Transport and Trading Company. Shell operates in various energy industry sectors, including exploration, production, refining, distribution, and marketing of oil and gas products. The company’s headquarters are located in The Hague, Netherlands, and it has a registered office in London, United Kingdom. Shell has a significant presence in over 70 countries and employs more than 80,000 people worldwide.
Shell[1] is involved in the entire oil and gas value chain, from upstream activities such as exploration and production of hydrocarbons to downstream operations involving refining crude oil, marketing petroleum products, and distributing them through a vast network of retail outlets. Shell also has interests in renewable energy sources like wind, solar, and biofuels, as it aims to diversify its energy portfolio and contribute to a sustainable future. Shell has played a vital role in developing the global energy industry throughout its history. It has been involved in ground-breaking projects and technological innovations, ranging from offshore drilling and liquefied natural gas (LNG) to advanced refining techniques and carbon capture and storage initiatives. Shell is committed to sustainable practices and has set ambitious targets to reduce its carbon footprint and promote environmental stewardship. The company invests in research and development to develop cleaner energy solutions and supports social and community development initiatives in its operating areas.
As a major oil and gas industry player, Shell faces challenges and opportunities related to evolving energy trends, geopolitical factors, climate change, and the global transition to a low-carbon economy. The company continues to adapt and innovate to meet these challenges while maintaining its position as a leading energy company globally.
- Exploration and Production: Shell has a strong presence in upstream activities, including exploration and production of oil and gas reserves. The company operates with conventional and unconventional resources, utilizing advanced technologies and techniques to maximize resource recovery.
- Downstream Operations: Shell has an extensive downstream portfolio, which involves refining crude oil into various petroleum products such as gasoline, diesel, jet fuel, lubricants, and chemicals. It operates worldwide refineries and has a substantial retail network with thousands of service stations.
- Liquefied Natural Gas (LNG): Shell is one of the leading players in the LNG industry. It has expertise in liquefaction, shipping, and regasification of natural gas. The company has invested in LNG infrastructure and has developed significant LNG projects, making it a major supplier of LNG to global markets.
- Renewable Energy: Shell has invested in renewable energy projects recognizing the need to transition to cleaner energy sources. It has interests in wind energy, solar power, biofuels, and electric vehicle charging infrastructure. Shell aims to integrate renewables into its portfolio while leveraging its existing expertise in energy markets.
- Climate Change Initiatives: Shell acknowledges the challenges of climate change and is committed to reducing its greenhouse gas emissions. The company has set targets to decrease its carbon footprint and has invested in technologies like carbon capture and storage (CCS) to mitigate emissions. It also supports initiatives to promote energy efficiency and sustainable practices.
- Innovation and Research: Shell invests significantly in research and development to drive innovation in the energy sector. It collaborates with academic institutions, startups, and technology companies to explore new technologies, improve operational efficiency, and develop sustainable energy solutions.
Shell’s position as a global energy company places it at the forefront of addressing the evolving energy landscape. It continues to adapt and navigate the changing industry dynamics while striving to meet the world’s energy needs responsibly and sustainably.
History of the Shell[2]
Shell Oil and Gas Company, officially known as Royal Dutch Shell plc, has a rich history that spans over a century. It all began in the late 19th century when Marcus Samuel founded Samuel & Company, a London-based business traded in seashells and curiosities. However, Marcus Samuel Jr., recognizing the emerging demand for oil, took a significant step by venturing into the kerosene trade. In 1892, he introduced the brand “Shell” and started importing and selling kerosene, a popular illuminant of the time.
The turning point in Shell’s history came in 1897 when the Shell Transport and Trading Company was formed. This entity was established to manage and expand the shipping and trading activities of the Samuel family’s business. Meanwhile, in 1890, the Royal Dutch Petroleum Company was founded in The Hague, Netherlands, with the purpose of exploring and producing oil in the Dutch East Indies, present-day Indonesia. 1907 marked a milestone as Royal Dutch Petroleum and Shell Transport and Trading Company merged, forming Royal Dutch Shell Group, or simply Shell. This merger brought together the Dutch’s technical expertise and the British’s global reach, creating a powerful oil and gas industry force. Shell became a formidable competitor to the dominant Standard Oil Company, expanding its operations into the United States. Throughout the early 20th century, Shell’s exploration efforts yielded significant discoveries. In 1931, the company made a ground-breaking oil discovery in Bahrain, marking its entry into the Middle East and laying the foundation for its future regional endeavors. Shell’s commitment to innovation and technological advancements led to the discovery of the Groningen gas field in the Netherlands in 1958, one of the largest natural gas fields in the world. This pivotal discovery positioned Shell as a major player in the natural gas sector, opening new avenues for growth and profitability.
In the 1970s, Shell embarked on a path of diversification, recognizing the need to adapt to changing energy dynamics. The company expanded its operations beyond traditional oil and gas, investing in coal, nuclear power, and alternative energy sources. This strategic move aimed to reduce dependence on hydrocarbon resources and position Shell as an integrated energy company capable of addressing emerging energy challenges. In the decades that followed, Shell continued to grow and evolve. The company expanded its global footprint, engaging in exploration and production activities in various regions, including Africa, Asia, and the Americas. In recent years, Shell has demonstrated a commitment to addressing climate change and pursuing sustainable energy solutions. The company has set ambitious targets to reduce its carbon footprint, invest in renewable energy projects, and support transitioning to a low-carbon economy. Shell remains one of the largest and most influential oil and gas companies.
History and Evolution of the Shell Logo[3]
The Shell logo has undergone several transformations throughout the history of Shell Oil and Gas Company. The evolution of the logo reflects the changing times, brand identity, and visual communication trends. Here is a chronological overview of the Shell logo’s history:
1890 – 1907:
The seashells that Marcus Samuel Senior imported from the Far East in the late 19th century are the source of the word “Shell.” His sons Marcus Junior and Samuel adopted Shell as the brand name for the kerosene they were shipping to Asia. Shell Transport and Trading Company were chosen for the new import-export organization founded in 1897 as kerosene sales began predominating the business’s turnover. When the company merged with Royal Dutch to become the Royal Dutch Shell Group in 1907, the Shell name temporarily lost prominence. However, the newly formed company rapidly adopted the abbreviation “Shell” for short.
The Pecten Shell (1900-1929):
The initial logo of Shell Oil and Gas Company featured a detailed illustration of a scallop shell known as the “pecten.” This logo was introduced in the early 1900s, reflecting the company’s roots in the seashell trade. The intricate design captured the natural beauty of the shell, showcasing its ridges and patterns.
Streamlined Pecten Shell (1930-1960):
In the 1930s, the Shell logo underwent a significant simplification. The Pecten Shell was streamlined and stylized to create a more modern and abstract representation. The detailed features of the shell were minimized, resulting in smoother lines and a cleaner design. This updated version of the logo aligned with the visual communication trends of the time, embracing a simpler and more minimalist approach. The Pecten Shell logo was often accompanied by the word “Shell” in elegant typography, creating a visually appealing and sophisticated brand identity.
Red and Yellow Colour Scheme (1948-present):
In 1948, Shell introduced a new color scheme that has remained consistent in its logo. The bold and distinctive combination of red and yellow became synonymous with the brand. The red color symbolized passion, dynamism, and energy, reflecting Shell’s commitment to the industry. Yellow represents happiness, positivity, and optimism, highlighting the company’s aim to bring light and progress to people’s lives. This iconic color scheme helped the Shell logo stand out and become instantly recognizable worldwide.
Scaled-Down Pecten Shell (1971-present):
In 1971, Shell redesigned the logo again, further simplifying the Pecten Shell. The updated version featured a more minimalistic and abstract representation of the shell. The design reduced the number of lines and details, resulting in a cleaner and more streamlined appearance. This simplified approach allowed for easy scalability and enhanced readability across various mediums and sizes. The logo retained the vibrant red and yellow color scheme, with the word “Shell” often incorporated alongside or below the shell symbol.
Evolutionary Refinements (1995-present):
Since the 1990s, the Shell logo has undergone several refinements to keep up with modern design trends—the refinements aimed to enhance the visual appeal and adaptability of the logo. One notable change was the introduction of three-dimensionality and depth to the Pecten Shell, giving it a more dynamic and contemporary look. The logo’s appearance became more fluid and organic, aligning with the digital age and reflecting Shell’s commitment to innovation and progress.
The Shell logo has maintained key elements connecting it to its heritage and identity throughout its evolution. The recognizable Pecten Shell remains a central focus, symbolizing the origin of the company’s name and reflecting its historical association with the seashell trade. The red and yellow color scheme has also remained consistent, representing the brand’s vitality, energy, and positive outlook.
The evolution of the Shell logo mirrors the company’s journey as it adapts to changing times and embraces new technologies. While the logo has undergone refinements to align with modern design trends, it continues to embody the values and aspirations of the Shell brand, symbolizing quality, reliability, and innovation in the energy industry.
Conclusion
The Shell Oil and Gas Company’s history includes resilience, innovation, and adaptation. From its origins in the seashell trade to its emergence as a global energy giant, Shell has continuously evolved to meet the challenges and demands of the ever-changing energy industry. Throughout its history, Shell has demonstrated its dedication to technological advancements, exploration, and diversification. It has made significant oil and gas discoveries, expanded its operations globally, and diversified its portfolio to include alternative energy sources.
The company’s logo has significantly influenced its brand identity and recognition. The evolution of the Shell logo reflects not only the changes in design trends but also Shell’s commitment to staying relevant and visually engaging in the modern era. The logo has undergone streamlining and simplification while retaining key elements such as the iconic Pecten Shell and the vibrant red and yellow color scheme. Furthermore, Shell’s logo symbolizes quality, reliability, and innovation in the energy industry. It represents the company’s commitment to providing vital energy resources and developing sustainable solutions for the future. The logo’s evolution showcases Shell’s ability to adapt to changing times while maintaining a connection to its heritage and core values. As Shell continues its journey, it remains committed to addressing the global energy transition and pursuing sustainable practices. The logo will likely continue to evolve, reflecting Shell’s ongoing commitment to innovation, environmental responsibility, and meeting the energy needs of a changing world. Overall, the history of Shell Oil and Gas Company and its logo highlights a legacy of resilience, adaptation, and a continued focus on driving progress in the energy sector.
References
Author: Siddhartha MA, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur
Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)
Subscribe to YouTube Channel HERE
Join LinkedIn Group: Innovation & IPR
WhatsApp: +91 74838 06607
[1] https://www.shell.com/
[2] https://www.shell.com/about-us/our-heritage/our-company-history.html
[3] https://www.shell.in/about-us/the-shell-brand.html
Jun 1, 2023 | General
Mahindra & Mahindra Limited, commonly known as M&M, is an Indian multinational conglomerate headquartered in Mumbai, India. It is a part of the Mahindra Group, one of India’s largest business conglomerates. Established in 1945 as a steel trading company, Mahindra & Mahindra has evolved into a diversified business entity with interests in various sectors. Automotive is the core business of Mahindra & Mahindra, and the company is known for manufacturing a wide range of vehicles, including passenger cars, commercial vehicles, and agricultural tractors. It is one of the leading automotive manufacturers in India and has a significant presence in the global market. Mahindra’s automotive division is renowned for producing robust, reliable, and utility-focused vehicles.
Besides automobiles, Mahindra & Mahindra has diversified its business interests into several other sectors. It has a strong presence in the agricultural sector with its agricultural equipment division, which manufactures tractors, farm machinery, and irrigation systems. The company is committed to driving innovation and sustainability in agriculture, empowering farmers with modern technologies and solutions.
- Global Reach: Mahindra & Mahindra has a widespread global presence with manufacturing facilities, assembly plants, and sales networks across different continents. The company has established a strong foothold in key international markets, including the United States, Europe, South Africa, China, Australia, and South Korea.
- Electric Mobility: Mahindra & Mahindra has actively developed and promoted electric vehicles (EVs). It has launched several electric models, including the Mahindra e2o, e-Verito sedans, and the Mahindra eSupro electric van. The company is committed to contributing to sustainable mobility solutions and is investing in advanced EV technologies.
- Tech-Driven Innovation: Mahindra & Mahindra strongly emphasizes technological innovation. The company has established Mahindra Research Valley in Chennai as its global research and development hub. Through this centre, Mahindra focuses on developing cutting-edge technologies and solutions across various sectors, including automotive, agriculture, and aerospace.
- Collaborations and Acquisitions: Mahindra & Mahindra actively engages in collaborations and acquisitions to enhance its capabilities and expand its offerings. The company has partnered with global players like Ford, Pininfarina, and SsangYong to leverage their expertise and access new markets. Mahindra also acquired Reva Electric Car Company, a pioneer in electric vehicle technology.
- Sustainability Efforts: Mahindra & Mahindra strongly emphasizes sustainability in its operations. The company is actively involved in renewable energy projects, including wind and solar power generation. It has also implemented measures to reduce its carbon footprint and improve energy efficiency across its facilities.
- Awards and Recognition: Mahindra & Mahindra has received numerous awards for its business performance, product quality, and corporate citizenship. It has been consistently featured in prestigious rankings such as Forbes Global 2000 and Fortune India 500. The company’s commitment to sustainability has also earned it accolades in various sustainability indices.
Overall, Mahindra & Mahindra is a prominent Indian conglomerate known for its automotive prowess, diversified business interests, and commitment to sustainability. With a rich history and a forward-looking approach, the company plays a significant role in shaping various industries. Mahindra & Mahindra continues to evolve and adapt to emerging trends and challenges in the global market. With a focus on innovation, sustainability, and social responsibility, the company aims to contribute to advancing industries and positively impact society.
History of Mahindra & Mahindra Company
The history of Mahindra & Mahindra (M&M)[1] dates back to 1945 when two brothers, J.C. Mahindra, and K.C. Mahindra, along with Malik Ghulam Mohammed, established Mahindra & Mohammed as a steel trading company in Mumbai, India. Soon after, in 1948, the company was renamed Mahindra & Mahindra. The company’s early years were focused on importing and assembling vehicles. In 1949, Mahindra & Mahindra acquired the license to manufacture Willys jeeps in India. This marked a significant milestone, leading to the production of the iconic Mahindra CJ-3A, the company’s first vehicle. Over the years, Mahindra & Mahindra expanded its presence in the automotive sector. In the 1950s and 1960s, the company began manufacturing other vehicles, including light commercial vehicles, agricultural tractors, and utility vehicles. Mahindra’s vehicles gained popularity for their ruggedness, reliability, and suitability for Indian roads and rural applications.
In 1962, Mahindra & Mahindra entered into a collaboration with International Harvester Company, USA, to produce tractors. This partnership laid the foundation for Mahindra Tractors, a significant business segment. In the 1980s and 1990s, Mahindra & Mahindra continued strengthening its position in the automotive industry. It introduced new models, such as the Mahindra Armada, Mahindra Classic, and Mahindra Bolero, which became popular choices among customers. During the same period, the company also expanded its international presence. It established assembly plants in several countries, including Brazil, Egypt, and Yugoslavia, catering to the demand for Mahindra vehicles in global markets. In the early 2000s, Mahindra & Mahindra ventured into the SUV segment with the launch of the Mahindra Scorpio. The Scorpio gained widespread recognition for its performance and became a key contributor to its growth. In subsequent years, Mahindra & Mahindra focused on further diversifying its business interests. It entered into strategic acquisitions and collaborations to expand into new sectors such as information technology, hospitality, finance, and aerospace. In 2010, Mahindra & Mahindra acquired a majority stake in SsangYong Motor Company, a South Korean automotive manufacturer, expanding its global footprint and access to advanced technologies. Mahindra & Mahindra has also been at India’s forefront of electric mobility. It introduced electric vehicle models such as the Mahindra e2o and e-Verito, contributing to the country’s transition towards sustainable transportation solutions.
Throughout its history, Mahindra & Mahindra has prioritized innovation, customer-centricity, and social responsibility. The company has received numerous awards and recognition for its business performance, product quality, and commitment to sustainability. Today, Mahindra & Mahindra is one of India’s leading automotive manufacturers, with a diverse portfolio of vehicles and a global presence. It continues to expand its reach, invest in research and development, and explore new avenues to drive growth and create value for its stakeholders.
Evolution of the Mahindra & Mahindra logo[2]
1948 – 2000
Mahindra’s first logo, which has been used for over fifty years, was designed in 1948, just three years after the firm was founded. It was a black medallion with silver accents shaped like a circle. The badge’s central logotype, written in black custom font glyphs and featuring a solid silver circle crossed by a black cross, was enclosed within a circular frame that was ornamented with short silver lines that gave the impression of being a steering wheel.
2000 – 2012
The first Mahindra logo was created in the third year following the company’s establishment. Although it has undergone some modest modifications, it is still in use today, along with the new visual identity. A new badge was introduced with the redesign in 2000, consisting of a bold, grey logotype set in the same typeface as the previous badge and a red graphic emblem. A wordmark with a symbol on top makes up the logo. The bespoke typeface used to create the classic grey wordmark has softened edges and whimsical tails. The nameplate’s large letters symbolize the durability and strength of the brand.
The Mahindra logo is an oval-shaped figure with the word “M” styled on it and made up of three diagonal lines. It has a road-like appearance and conveys a feeling of movement and speed. It reflects the brand’s commitment to innovation and teamwork. The circular shape of the logo symbolizes balance and harmony, while the stripes on the “M” represent the brand’s forward-thinking philosophy. The firm’s logo, used from 2000 until 2012, has a red-letter M in the shape of a road beneath the grey company name.
2012 – present
In 2012, Mahindra introduced a new, more contemporary logo for the company, which consists of a single wordmark. In the name, they used the word “Rise,” which spoke to the company’s rapid expansion. The primary logo of Mahindra no longer includes the graphical insignia that was formerly used. While the grey of “Rise’s” fine and delicate lines conjures a sense of professionalism and authority, the red colour of the nameplate symbolises the brand’s enthusiasm and energy, as well as its power and confidence in everything it does.
The new Mahindra logo is intended to be simple yet powerful. Because of the emphasis on vivid colour, it has an imposing and stunning appearance. The distinctive typeface, which includes subtle features like the open letter “A” and interesting connections of the “D” and “H” lines, gives the logo an appearance that is both contemporary and fashionable. It is a powerful visual identity for the utility vehicle market, demonstrating the brand’s competence and consistency.
2021 – present
The new visual identity represents the manufacturer’s commitment to developing an exclusive brand of exceptional models for their research. Because the shapes on the emblem visually resemble two wings pointing upward, the company’s aesthetic must conjure up actual feelings of freedom in individuals. The logo is a metallic grey colour. For Mahindra, a new badge was made in 2021. The Mahindra badge’s wording has been removed as part of the revamp, leaving only a modern, three-dimensional insignia. It is now an abstract composition of two mirrored parts in a matte silver gradient. The elements’ upper halves are extended and sharpened, and when they are arranged face to face, they create a shape that resembles the letter “M.”
The new logo encapsulates the brand’s origins and future goals, representing a 75-year journey. However, with the most recent makeover, the wordmark was eliminated from the Indian Automaker’s badge, leaving just the silver gradient emblem. The primary colour of the Mahindra palette is uniform yellowish silver. It conveys a sense of perfection and quality, underscoring the firm’s reliability and professionalism.
Conclusion
Mahindra & Mahindra is a renowned automotive company with a rich history and a diverse range of vehicles and services. The company has established itself as a prominent player in the automotive industry, both domestically in India and internationally. Mahindra & Mahindra strongly focuses on manufacturing robust and reliable vehicles, including SUVs, trucks, commercial vehicles, and electric vehicles. With its commitment to innovation, sustainability, and customer satisfaction, the company continues to make significant contributions to the automotive sector. Mahindra & Mahindra’s success can be attributed to its strong brand reputation, technological advancements, extensive distribution network, and customer-centric approach.
A distinctive wordmark primarily represents the Mahindra & Mahindra automotive logo. The logo has changed typography, colour, and design over the years, reflecting the company’s evolution and design trends. The logo typically features a bold and modern typography style, with colour, size, and arrangement variations. The brand colours red and grey are often used, representing energy, power, and sophistication. Red is often associated with energy, passion, and power, reflecting the brand’s commitment to delivering robust, high-performance vehicles. On the other hand, Grey conveys sophistication, elegance, and strength, enhancing the logo’s visual appeal. The logo has embraced simplified and minimalistic designs, allowing for better scalability and adaptability.
References
Author: Siddhartha MA, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur
Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)
Subscribe to YouTube Channel HERE
Join LinkedIn Group: Innovation & IPR
WhatsApp: +91 74838 06607
[1] https://www.mahindra.com/
[2] https://logohistory.net/mahindra-logo/
Jun 1, 2023 | Patent
The first ever aeroplane was introduced to the world in North Caroline on the 17th of December in the year 1903 by Orville and Wilbur Wright, who are popularly known as the Wright Brothers. It is undeniable that the brothers derived a lot of information for their invention from previous inventors like Chanute, Langley, and Lilienthal. Though they did make several discoveries that made the aeroplane fly, The plane simply rose 20 feet above the ground throughout the brief (12-second) flight; nonetheless, the flight was revolutionary. Some contend that the “aerial age” was founded by the Wrights’ discoveries and inventions. Following the development of this original design, the Wrights proceeded quickly to secure the patent rights to their invention by submitting applications in the US, UK, France, and Germany. The patent applications that were submitted in Britain and France were both approved in 1904, but the German patent application proved to be much more challenging. It was first refused, but the initial judgement was overturned with the help of a German advocate. The German courts, meanwhile, found that the patent’s structure was too restrictive.
An Advocate’s Shield
The Wright Brothers had drafted their initial patent application and were unable to show a functional aircraft. The US Patent Office advised them to see a patent attorney after they were refused a patent. They were directed to Harry A. Toulmin in Springfield, Ohio, by friends. Wilbur Wright appointed Toulmin on January 22, 1904, to assist with their patent. Despite 30 lawsuits filed by individuals claiming to be the creators of the aeroplane, Toulmin wrapped up the patent so securely that no one was able to break it throughout the patient’s lifetime. He suggested that the patent should cover the method of flight control rather than trying to protect the complete plane. The three-axis control system employed on the 1902 glider and the wing warping It was a wise choice, as Wright’s control system is still used in every flying aeroplane today.
Detail Patent Study
We must understand the details of the Wright Brothers’ patent to comprehend their legal proceedings. Three years after their first flight, the Wright brothers were awarded a patent for a “flying machine” that focused on their ground-breaking research in aeronautics: their original flight control system. Modifications to what the Wright brothers termed the “lateral margins” of the aeroplane’s wings were used to gain control in their design and in practically every other aircraft that was built after it. In actuality, the Wrights accomplished this by using wires to twist or “warp” the Flyer’s wood and fabric wings, which entailed shifting the rear outer points of the wings in opposite directions. The main development that brought meaningful manned-powered flight was wing warping. Even though other early aircraft could produce lift, all but the Wright Flyer were wildly unstable and extremely dangerous. As a result, Orville and Wilbur had every right to be proud of their intelligence and to seek any legal safeguards for their intellectual property.
However, the Wrights sought to patent not solely their wing-warping procedure but also any potential future device for adjusting the “lateral margins” of an aircraft’s wings, laying legal claim to the aeronautic control principle they had discovered. They would have monopolistic power over the aviation market for many years, provided the patent was read as they desired.
Before the Wright brothers submitted their patent application, Augustus Herring sent them a letter outlining their joint invention of the aircraft. Herring claimed to have created the Chanute-Herring glider, which was a little like the Wright Flyer. Wright elected to move on with the registration of their patent application notwithstanding this letter’s rejection.
The United States granted Wilbur and Orville Wright a patent on “Flying Machines” on May 22, 1906. Due to their ownership of this invention, the Wright Company was able to sue other pilots and aviation businesses for patent infringement.
Litigation Process
To defend their innovation, the Wright Brothers sued Glenn H. Curtiss and the Herring-Curtiss Company in patent courts, alleging infringement. They also filed lawsuits in Europe and the US. The Wrights also filed lawsuits against aviators from England, Claude Grahame-White, and France, Louis Paulhan. Both parties’ attorneys produced extensive, detailed, and complicated material for these trials.
Among all these cases, the Glen Curtiss lawsuit was discussed the most. Glenn Curtiss and Augustus Herring collaborated to establish their own business, the Herring-Curtiss Company, in March 1909. In this particular case, Glen Curtiss refused to pay the Wright Brothers’ cost for an aircraft he sold to the Aeronautical Society of New York in 1909. He had been cautioned against turning a profit on any aircraft that utilised their patent’s technical details. Wright Brothers sued Curtiss after he still did it.
Judge Hazel issued an injunction against the Herring-Curtiss Company and extensively interpreted the Wright patent, which ended in a favourable outcome for the Wright Brothers. Judge Hazel made the important determination that the Wright Patent qualified as a pioneering patent because the Wrights’s idea was so novel and unique that the case qualified under the particular legal standard for pioneering patents. Because the same inventor may not patent improvements on their original, novel, and distinctive patent applications, pioneering patents are entitled to a wide interpretation. Since different patents are to be construed more narrowly, equity requires that the patent be considered as broadly as possible in cases of pioneering patents. The lawsuit against Curtiss was won by the brothers in 1913, but the ruling was challenged.
When Curtiss appealed and was successful due to a technicality, the Wrights suffered a setback. Judge Hazel’s injunction was overturned by the Court of Appeals, and the matter was sent back for more discussion and evidence. When the Wrights corrected the issues raised by the Circuit Court of Appeals, Judge Hazel granted them victory once more. This time, Judge Hazel gave them a favourable decision. Curtiss filed a second appeal with the Circuit Court of Appeals, which unanimously upheld Judge Hazel’s judgement in an unusual decision known as a Per Curium by the Court opinion, only occasionally issued when the court is in agreement and seeks to state that the appeal is particularly frivolous or meritless. The Wrights’ favour was maintained after the judgement in January 1914. The Herring-Curtiss Company then filed for bankruptcy before the Wrights could recover any damages, and Glenn Curtiss then sued Augustus Herring for falsely asserting that he had more patents than the Wrights while failing to provide any supporting documentation or the disputed patents. Before Curtiss got anything from Herring, he passed away.
In the case, Wright v. Paulhan popularly known as the Paulhan case. The Wrights were victorious in their lawsuit against other aircraft displayers. The Paulhan case was distinctive because the ruling was written by Judge Learned Hand, a well-known federal judge who was well-known for the calibre of his jurisprudence and the clarity of his opinions. Many of Judge Hand’s decisions are still considered sound legal precedents and are frequently taught in law schools all over the nation. Judge Hand entirely agreed with Judge Hazel’s assessment of the Wrights’ ground-breaking patent and sided with them, especially in light of their choice to litigate to defend their patent.
Conclusion
In the end, a person only has the rights that he can effectively protect. The Wrights accomplished what no one before them had been able to do through their creativity and brilliance, self-funding, and outspending. They took the necessary legal actions to safeguard their idea because they legitimately anticipated making money off of their very original concept.
There were repercussions from the Wright’s patent conflicts also. Unfortunately, the Wrights were unable to innovate and create new aeroplanes throughout the entire time they spent battling to defend their patent. Their aircraft started to fall short of those made in Europe. The brothers and their business’ reputation suffered as a result of the ongoing legal battles. The tension hurt Wilbur’s health as well. Wilbur passed away from typhoid illness on May 30, 1912.
Innovation and the creation of new aircraft had been stymied in the United States because the Wright Company or Curtiss Company controlled the majority of the important aircraft patents. The US government compelled the aircraft sector to establish a group for granting patent licenses in 1917. Each manufacturer was required to sign up and pay a membership fee. Until their patents expired, the Wright Company or the Curtiss Company received the majority of the fees.
Keywords- Wright Brothers, Herring-Curtiss Company, Glen Curtiss, Injunction, Judge Hazel, Patent
By- Anushka Gupta, MIT WPU, Pune
References
Daniel T. Ronneberg, The Wright Brothers’ Patent Lawsuits, Vol 21, Journal of Aviation/ Aerospace Education and Research, 2023, The Wright Brothers_ Patent Lawsuits.pdf
Sean Trainor, The Wright Brothers: Pioneers of Patent Trolling, Time, DECEMBER 17, 2015 9:30 AM EST, https://time.com/4143574/wright-brothers-patent-trolling/
- RICHARD STIMSON, Wright Brothers- Patent Wars, Wright Stories, 5th May 2023, 04:16, https://wrightstories.com/articles/patent-wars/
Invention Greek, The Wright Brother’s Patent Wars, PatentPlaques, 5th May 2023, 04: 19, http://patentplaques-blog.com/wright-brothers-patent-wars/
Britanny Hayes, Innovation & Infringement, U.S History Scene, 5th May 2023, 04: 23, https://ushistoryscene.com/article/innovation-and-infringement/
Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)
Subscribe to YouTube Channel HERE
Join LinkedIn Group: Innovation & IPR
WhatsApp: +91 74838 06607
