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Delhi High Court Scrabulous judgment
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13. The defendants claim to be lawfully operating their websites and that
there have been no attempt to misappropriate any traffic. It is claimed that
that the metatags used are in relation to their product Scrabulous and not
Scrabble. Using the word scrabble in coding was a method of describing the game
and was not intended to indicate any brand. They also deny that their website
contains hyperlinks to various unauthorized infringing websites. Since the word
scrabble is in the public domain, any such use cannot be infringement of the
plaintiffs? rights. It is also pointed out that the plaintiffs do not have any
version of their game online, and therefore, there is no question of diverting
Internet traffic.
Most web users have ‘Scrabulous’ blocked
The networking site, Facebook, has restricted the popular “add-on” application, ‘Scrabulous’ to most users after receiving a letter from Mattel Inc, Jayant Agarwalla, one of the creators of Scrabulous.com, told The Hindu here on Saturday.
Mattel Inc. owns Scrabble rights outside Canada and the United States of America and had approached the Indian courts in February 2008, seeking an order for taking down Scrabulous from Facebook and other servers.
The brothers, Rajat and Jayant Agarwalla, and their web-design and technology company, R J Software, were previously served a lawsuit by game-making giant Hasbro Inc., owner of Scrabble rights in Canada and the U.S. , at a New York federal court for violating its copyright and trademarks. Hasbro also sent a notice demanding that Facebook remove the application from the site. “Facebook took the unfortunate decision to restrict most users from accessing Scrabulous on August 22, in response to a ‘take down notice’ from Mattel on August 14,” said Mr. Jayant.
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