The Agarwalla brothers, as the decision of the Delhi High Court states, may not use the word "Scrabulous" as it amounts to trademark infringement. The Trademark Act of India, 1999, under Section 2(h) defines "deceptively similar" as "A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion." The word Scrabulous ofcourse was found to be so.
The Scrabble board itself does not however meet the threshold of originality to enable copyright protection. With that matter settled, the Scrabulous now WordScraper board, with a few tweaks, has set sail. In a sheer display of ingenuity, squares have been replaced with circles.
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