Assignment 5: Intellectual Properties

No U.S. registered trademark under the name “Duck Dining”

• Source: United States Patent and Trademark Office (https://tmsearch.uspto.gov/search/search-information)

“WHAT THE DUCK DINING. DESSERTS”, registered trademark in Malaysia

• Source: World Intellectual Property Organization (WIPO) Global Brand Database (https://branddb.wipo.int/en/quicksearch)

• This trademark’s type is classified as “combined” meaning that the trademark is a combination of the name and the logo.  This trademark should not be of much concern to us, as our name is not exactly the same.  As long as our logo design is not too closely related to the “WHAT THE DUCK DINING. DESSERTS” logo, we will have no issues with the name of our application.

Copyright: © Copyright 2023 RoaringSky inc

• “You acknowledge that Content may be made available to you through the Application, including, but not limited to, information, comments, data, software (whether applications, scripts, plug-ins, or applets), photographs, graphics, text, sound, images, and other material (“Content”). All content is owned by Company, Licensor, or another third party. Content is protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in Canada, the United States, and world-wide, and all rights therein are reserved by their respective owners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Agreement or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. “

  • The app must remain untouched. In other words, users can only use the app not use the code.

• “Your use of the Application does not grant or transfer to you any ownership or other rights in the Application or the Content, and except as expressly provided, nothing herein or within the Application shall be construed as conferring on you or any other person any license under any of Company's, Licensor’s, or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by the right’s owners. For greater certainty, you agree that you will not take any action that is inconsistent with Company's ownership of any portion or all of the Application and Content, or with Licensor’s, or any third party’s ownership of any portion or all of the Application and Content. You are hereby expressly prohibited from removing any proprietary notice of Company, Licensor, or any third party, from any copy of the Application or Application Content. If you believe your intellectual property was posted to a Company website or application by a user, please see our Privacy Policy for contact information.”

  • The users cannot attempt to take the idea, use any part of the application in other work or plagiarize . 

Nutrislice API  Copyright → API to Generate Menus 

• Copyright: © Nutrislice, Inc.

  • “ Usage of any of the Application(s) is limited to usage on device(s) that you own, control or have authorized access to, and is subject to any applicable terms and conditions set forth by the operating system of the device, or, if applicable, by the app “store” (App Store, Google Play Store, etc.) through which the Application(s) are accessed or downloaded”

    • API Services can only be used by their own computers, which has an associated operating system.

  • “use the Services to send automated queries to any website or to send any unsolicited commercial communications; or (vii) use any proprietary information or interfaces of Nutrislice or any other intellectual property of Nutrislice in the design, development, manufacture, licensing or distribution of any applications, accessories or devises for use with or to compete with the Services;” 

    • Users cannot use other’s work to develop the software  or send Nutrislice code 

• Copyright © Nutritionix API –? Nutrition API → Retrieve Nutritional Information

  •  https://www.nutritionix.com/app

  • “This includes, but is not limited to, creating an application that sends bulk requests to the API which are not initiated by an end-user in real-time. Nutritionix reserves the right to suspend application keys without notice if it observes automated requests being sent to the API from an unauthorized account.” 

    • Unauthorized bulk requests will cause suspension

Intelligent Meal Planning Tool

• This patent is for a meal planning app, and it claims the concept of a meal planning tool meant to meet specific dietary objectives. More specifically, this app possesses features such as a meal log and health coach.  This is similar to our application, as we plan to utilize our meal planning tool to help our users achieve specific dietary goals, and we also plan to utilize a meal log and have our app suggest menu options based on a user’s goals. 

https://ppubs.uspto.gov/dirsearch-public/print/downloadPdf/20240055101 

• This patent is for using AI and a computer program for dietary and medical reasons. It is a little different from our idea as the AI will be used to scan images, but the patent mentions that they will use AI for the automation of nutritional meal planning. This relates to our app because we mentioned how we would potentially use AI for the meal suggestions in our app,  after we got the user preferences and their goals.