Category Archives: Intellectual Property

Finding the Right Letting Agent

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General Global Week in Review 7 Nov 2011 from IP Think Tank

Here is Think IP Strategy's weekly selection of top intellectual property news breaking in the blogosphere and internet. Highlights this week included: Venice Judges Resolution on a Unified Patent Court for the EU and Unitary Patent (EPLAW) CJEU approves enforcement in another EU state of a disciplinary court fine due to violation of an injunction Case C‑406/09, Realchemie Nederland BV v Bayer CropScience AG (IPKat) (Kluwer Patent Blog) Federal Circuit again declines to revisit Cybor: Retractable Technologies v. Becton, Dickinson and Company (Patently-O) (IPBiz) (EDTexweblog.com) US Patent Commissioner Stoll to retire; Deputy Focarino to step up (IP Watch) (Inventive Step) (Patently-O) Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we've missed something important, or if there is a source you think should be monitored. Global Global – General Fail to instil IP literacy in staff at all levels (no. 36 in our list of IP mistakes) (IP Think Tank) UNESCO approves Palestinian membership; US faces decision (IP Watch) Does a sole licence have a legal soul? (IPKat) IP, economics and the rest of the world: it's all happening! (IPKat) Global – Trade Marks / Brands How many Doritos sub-brands can you name? (IPKat) Global – Patents IP5 Group forges international collaboration (Patent Quality Matters) Patent quality issues continue to drive new initiatives (Patent Quality Matters) Foreign patent applications in the fast lane (IP Osgoode) Austria More Easter Bunny news – this time from Austria (IPKat) Brazil Brazil: to promote and increase patents (IP tango) China Do shopping malls and supermarkets qualify for class 35 trademarks? (China Law Insight) The Nissan that became a Lamborghini not confiscated for likelihood of confusion (IP Dragon) Denmark Dispute regarding sealing of plastic bags decided by Maritime and Commercial Court (Kluwer Patent Blog) Europe Venice Judges Resolution on a Unified Patent Court for the EU and Unitary Patent (EPLAW) Prof. Sir Robin Jacob: Opinion on Unified Patent Court and Unitary Patent (EPLAW) EPLAW – Resolution Unitary Patent Arts 6-8 (EPLAW) European patent reform: so much to read! (IPKat) Europe's Unified Patent Court: where will it be? (IPKat) Welcome to London: Home of the Unified Patent Court? (IPKat) Trends and challenges in demand-side innovation: a thematic report (IP finance) CJEU approves enforcement in another EU state of a disciplinary court fine due to violation of an injunction Case C‑406/09, Realchemie Nederland BV v Bayer CropScience AG (IPKat) (Kluwer Patent Blog) Printers, plotters and pronouncements: more work for the Court of Justice – Cases C-457/11 to C-460/11 V G Wort and others (1709 Copyright Blog) 'Symbols of despotism': The refusal to register a trademark in the EU (IP Osgoode) General Court: saddle up for one confusing 'cavalo' ride: T-238/10 (Class 46) General Court: Polypipe but monomark: T-189/09 (Class 46) OHIM Boards of Appeal rejects another slogan – "La qualité est la meilleure des recettes" (Class 46) General Court: Application for 'TDI' – Audi's arguments fail to impress: Audi and Volkswagon v OHIM (JIPLP) France Cour d'Appel, Paris: saisie-contrefaçon is not a fishing expedition: Vetrotech v Interver (EPLAW) The estoppel recognised as a principle of French procedural law (Kluwer Patent Blog) Gabon A to Z of African official IP websites no.20: Gabon (Afro-IP) Germany Pirate Party surges in German opinion polls – IP owners beware (IAM) Is "Proti" the German bridge to "Bainbridge" ? (Class 46) Easter bunny dispute – the next chapter (IPKat) Iceland IP enforcement in Iceland (Foreign Filing Blog) India Delhi High Court: No exclusive trademark rights to Lord Krishna's name (IIPRD) 8PM v. PALONE 8: Delhi HC on law on numeral trademark: Radico Khaitan Ltd v. Carlsberg India Pvt Ltd (Spicy IP) Pages from history: The influence of the New York Times on Indian patent policy in 2005 (Spicy IP) Competition Commission of India launches investigation against T Series for charging arbitrary royalty rates from radio broadcasters (Spicy IP) Cost of obtaining a patent in India (India Patent) Indonesia Indonesia trademark case and bad faith (IP Komodo) Indonesia – survey on counterfeiting and piracy effects on society (IP Komodo) Israel Copyright in photographs from old newspapers shown in history programs: Jerusalem Magistrates' Court decides Rachmani vs. The News Company (The IP Factor) Health club wars: Tel Aviv District Court decides in Hadas Guvrin and PhysiKal Events LTD. vs. Switch Fitness Club, Roei Shreimester and Israel Frankel (The IP Factor) Poland PPO's Annual Report 2010 – English version (Class 46) Slovakia Why size doesn't matter – even small markets can cause big problems (Class 46) Sudan Legalization requirements for power of attorney in Sudan (Afro-IP) Taiwan Taiwan dead serious about copyright on funeral music (IP Dragon) United Kingdom Considering designs in a vacuum: EWCA Civ decision in Dyson v Vax (IPKat) (Class 99) EWPCC: insufficient evidence of copying and cover up: Pro-Tec Covers v Specialised Covers (Class 99) Design and IPR – What are your views? (Class 99) United States US General Customs seizures from Asia (IP Komodo) Functionalism versus faux formalism at the Federal Circuit (Patently-O) The US's $14.5 trillion intangible economy and a failure of accountancy (IAM) US Patent Reform File electronically to avoid "tax" on U.S. patent applications (Pharma Patents) USPTO announces first allowed application under new prioritized examination (track 1) program (Maier & Maier) AIA: redefining what is 'prior art' (Maryland Intellectual Property Law Blog) What inventors need to know about the new patent law (BlawgIT) US Patents US Patent Commissioner Stoll to retire; Deputy Focarino to step up (IP Watch) (Inventive Step) (Patently-O) Maybe (just maybe) President Obama is beginning to get it regarding technology policy (Patent Docs) USPTO and NIPO establish PPH pilot program (Patent Docs) Federal Circuit continues to avoid en banc review of claim construction (Patent Docs) Provisional patent applications (Inventive Step) Operating efficiently post-Bilski by ordering patent doctrine decision-making (Patently-O) Patent litigation strategies for retailers based upon the PWC patent litigation study (Patent Law Practice Center) US Patents – Decisions Federal Circuit again declines to revisit Cybor: Retractable Technologies v. Becton, Dickinson and Company (Patently-O) (IPBiz) (EDTexweblog.com) District Court S D California: Leahy-Smith AIA's retroactive abrogation of false marking claims lacking competitive injury is not unconstitutional: Seirus Innovative Accessories v Cabela's (Docket Report) (GRAY on Claims) District Court C D California: Award of attorneys' fees inappropriate where infringement was determined by claim construction: Karl Storz Imagin v Pointe Conception Medical (Docket Report) ITC Decides to rescind in part limited exclusion order in Certain Silicon Microphone Packages (337-TA-629) (ITC 337 Law Blog) When to petition/appeal at the USPTO?: Ex Parte Taymac Corp. (Patents Post-Grant) US Patents – Lawsuits and strategic steps Dippin' Dots – Dippin' Dots patent failure contributes to November 2011 Chapter 11 bankruptcy filing (IPBiz) Dura Global – 500 new claims in patent reexamination backfire on plaintiff: Dura Global Technologies LLC. et. al., v. Magna International Inc. et al. (Patents Post-Grant) Iguana – Three-year lie justifies partially terminating sanction: Entry of default as to liability: Iguana v Lanham (Docket Report) Mitsubishi – Will Duke's order blow away the cloud hanging over Mitsubishi's 2.4 MW turbine? (Green Patent Blog) Schweitzer-Mauduit International – ALJ Gildea grants motion to terminate investigation as to Delfort respondents in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756) (ITC 337 Law Blog) West Cost Trends – Motion to transfer from Texas to Utah granted: West Cost Trends v Ogio International et al (EDTexweblog.com) US Copyright Why pay for it when you can get it free? – Obama turns to unpaid crowdsourcing ofr jobs poster (Class 99) US Copyright – Decisions 10th Circuit finds phrase "Let's Go Thunder" to be uncopyrightable: Syrus v. Bennett (Copyright Litigation Blog) US Copyright – Lawsuits and strategic steps Cariou – Andy Warhol Foundation files an amicus brief to 2nd Circuit Court of Appeals in support of Richard Prince in Cariou v. Prince (Copyright Litigation Blog) US Trade Marks – Decisions TTAB precedential no. 28: TTAB reverses genericness refusal of COUNTRY MUSIC ASSOCIATION for Country Music Association services (TTABlog) Test your TTAB judge-ability on this Section 2(d) refusal: In re G&F Manufacturing (TTABlog) WYHA? TTAB Finds SMARTRASTER merely descriptive of oil and gas data logging services (TTABlog) District Court W D Washington: "Tilted Kilt" vs. "Twisted Kilt" trademark showdown: Tilted Kilt Franchise Ltd. Liability Co. v. Purdey (Seattle Trademark Lawyer) District Court S D Ohio: "Hustler is Larry Flynt, you know": L.F.P.IP. v. Hustler Cincinnati (Property, intangible) District Court N D Illinois: Bill of costs support need only be reasonable: Bobak Suasage Co v A & J Seven Bridges (Chicago Intellectual Property Law Blog) US Trade Marks – Lawsuits and strategic steps Hotel Hotel – The new standard for generic trademarks: Seattle's new Hotel Hotel (Seattle Trademark Lawyer).. To continue reading this legal news please click Read full information...

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New Hires at Google Accused Using Groupon Trade Secrets

The online coupon industry, led by companies such as Groupon Inc., is growing rapidly, and it's still not clear which company or companies will end up the winners. With so much money potentially at stake, it's not surprising that firms are going to court to battle over their trade secrets. On October 24, 2011, Groupon filed a lawsuit in Illinois state court in Chicago, accusing two former sales managers of taking confidential trade secrets with them when they left Groupon for Google Offers, a website that competes with Groupon. Google developed the competing website after Groupon rejected its $6 billion merger offer last year. The two men, Michael Nolan and Brian Hanna, both left in September 2011 to join Google. "In their new positions with Google Offers and/or Google, Hanna and Nolan will provide the same or similar services as they provided at Groupon," the complaint said. The two would "employ confidential and proprietary information that they learned while employed at Groupon," according to the complaint. Trade secrets generally consist of commercial information that (1) derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other businesses which would benefit from its disclosure; and (2) is the subject of reasonable efforts by the business to be kept secret. As examples of the "confidential and proprietary information" that the two allegedly took with them to Google, the complaint cites Groupon's deal history with merchants, the way in which Groupon structured such deals, the way in which Groupon identified merchants to participate in the deals, and Groupon's in-house sales Wiki that provided information regarding Groupon's sales practices and strategies. Nolan and Hanna are likely to downplay the value of the information they took with them to Google. They might argue, for example, that it is not difficult or complex to learn how to target specific merchants or types of merchants with coupon deals, or that Google already has sufficient knowledge of online markets to figure out on its own how to target merchants... To continue reading this legal news please click Read full information...

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Two Free Webinars on America Invents Act This Week

There are two free webinars this week relative to the America Invents Act to alert you to. Given the enormity of the changes and how every time I read the legislation I seem to find something new, you might want to take time to sign up for both. The first will be hosted by the United States Patent and Trademark Office on Monday, October 31, 2011 beginning at 1:00 pm ET. The second, which will focus specifically on how the AIA will impact your business, is provided by K&L Gates and will be on Thursday, November 3, 2011 from 3:00pm to 4:30 pm ET... To continue reading this legal news please click Read full information...

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Proposed: Sovereign Immunity for Big Media

Having heard that a House-version of "Protect IP" was introduced last week, I made a quick check to see if this bill also contained a provision outsourcing judicial functions to private corporations. Sure enough, it does. Here's the relevant text, the syntax carefully preserved (I recommend you navigate slowly; keep track of the sentence structure as you go and the concept will fall into place): "No cause of action shall lie in any Federal or State court or administrative agency against, no person may rely in any claim or cause of action against, and no liability for damages to any person shall be granted against, a service provider, payment network provider, Internet advertising service, advertiser, Internet search engine, domain name registry, or domain name registrar for . . . voluntarily blocking access to or ending financial affiliation with an Internet site, in the reasonable belief that -(1) the Internet site is . . . an Internet site dedicated to theft of U.S. property; and (2) the action is consistent with the entity's terms of service or other contractual rights." What is "an Internet site dedicated to theft of U.S. property?" Among other things, a site that: "is taking, or has taken, deliberate actions to avoid confirming a high probability of the use of the U.S.-directed site to carry out acts that constitute a violation of section 501 or 1201 of title 17, United States Code . . ." Title 17 of the United States Code has to do with copyright protection, and one of the sections in the definition of "site dedicated to theft" is a law making it illegal to "circumvent a technological measure that effectively controls access to a work protected" by copyright. Let's summarize: if a domain registrar, a service provider, a bank, cuts off access to your site or stops processing your transactions, based on your alleged failure to "confirm" that you aren't infringing a Hollywood copyright when they suspect you of so doing, then, as long as they have magic words in their TOS, you are totally fucked. They don't event have to sue you. Big Media can just shut you off without calling the FBI or filing a suit for copyright infringement. And you can't sue them. That's the "No cause of action shall lie in any Federal or State court" bit. (Interesting, how bills introduced in a Republican controlled House aren't shy about preempting state law.) You can't make this up... To continue reading this legal news please click Read full information...

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