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Even regulations have a heart -- Italian court on moral rights in legal texts
Giovanni Casucci From fellow IPKat contributor  Alberto Bellan  comes a moving story about EVERYTHING that matters,  ie  copyright, love, and Italy (of course). Here's what Alberto writes: "Law students are usually told that one of the major differences...
The Long-Term Promise of Privacy Federalism, Part 1 (Guest Blog Post)
by guest blogger Bilyana Petkova [Eric’s introduction: as  I’ve remarked previously , the academic and policy discourse about privacy focuses principally on the substantive legal boundaries of privacy law and pays comparatively little attention on which policymakers are...
Let's Get Ethical!
Julie Langdon In what is an unusual set of facts, a court recently disqualified a law firm from acting as trial advocates in a case where the lead litigation attorney also prosecuted the patents-in-suit and was deemed to be a lawyer-as-witness. The court determined that all attorneys...
KhoiSan Dig For Indigenous Knowledge Rights In Climate Change Mitigation Practices
CAPE TOWN, SOUTH AFRICA - A project to assess the impact of climate change on KhoiSan communities and the production of local level decision-making in rural communities is expected to contribute towards the guidelines and protections for indigenous knowledge...
Judge Expresses Frustration With Overbroad Discovery Requests for Social Media...
Photo credit: Underwater fishing net // ShutterStock.com As we’ve discussed before , social media accounts are honeypots in litigation; they are irresistible data sources as an encapsulation of a person’s life. As a result, it’s become routine for litigators to seek massive amounts of social...
EFF to Supreme Court: Police Need a Warrant for Americans’ Cell Phone Location Records
Florida Case Allowing Unconstitutional Mobile Phone Tracking Needs Review by High Court Washington D.C.—Americans have the right to expect that digital records of their daily travels—when they left home, where they went, and how long they stayed—is private...
Recent FCC Order Helps Shopkick Defeat TCPA Claims
This is a TCPA lawsuit against Shopkick, a rewards-based app that lets shoppers accumulate and use in-store rewards. Plaintiff brought a putative class action, alleging that Shopkick caused invites to be sent to users’ contacts. Shopkick previously filed a motion to dismiss, which the...
Letter from Japan 3: Copyright and industrial design: trapped in the Tripp Trapp ...
Here's the third in the series of occasional guest posts from Japan from one-time guest Kat   and  Class 46  trade mark blogger  Laetitia Lagarde .   Laetitia's first post, on product placement, can be read  here . and her second post, covering...
Facebook Admits it Might Have a Video Piracy Problem
Two months ago, advertising agency Ogilvy did a study of videos posted on peoples' Facebook pages and concluded that "73% of the most popular videos on Facebook had been ripped from other websites." There's a whole side issue here I don't have time to write about...
OECD Digital Economy Report Measures Innovation With IPRs
An annual report on the digital economy from the economic organisation of the world's richest countries measures innovation by how many patents, designs and trademarks were filed by businesses.
Never too late: if you missed the IPKat last week ...
As the doughty folk of the United Kingdom struggle to get through yet another public holiday, this Kat has every sympathy with all IP enthusiasts in their battle to keep up with the latest news and views from the IP blogosphere. That's why "Never Too Late" has been designed: in just a...
Conference & CLE Calendar
September 1, 2015 - "IP Agreements: Structuring Indemnification and Limitation of Liability Provisions to Allocate Infringement Risk" (Strafford) - 1:00 to 2:30 pm (EDT) September 2, 2015 - "Amgen v. Sandoz: What Now?" (Intellectual Property Owners Association) - 2:00 to 3:00...
Acquired distinctiveness of product shape marks: AG Wathelet does not “rely” on the UK approach...
Not so very long ago the IPKat hosted this guest post from Roland Mallinson on the subject of Nestlé's  application to register its chocolate finger shape as a trade mark: has this application been treated to a premature burial, he asked.  While it's fair to say...
Webinar on Patent Term Adjustments and Extensions
Strafford will be offering a webinar/teleconference entitled "Patent Term Adjustments and Extensions: Leveraging Recent Decisions and USPTO Rule Changes" on September 24, 2015 from 1:00 to 2:30 pm (EDT). Deborah M. Herzfeld and Thomas L. Irving of Finnegan Henderson...
Pharma Leaders IP Conference 2015
J A Kemp will be hosting a "Pharma Leaders IP Conference" on September 23, 2015 in London. The seminar will offer presentations on the following topics: • Pharma patent applications: where and when to file • Medical use claims in Europe • Personalised medicine...
Does the EU want to get rid of geoblocking through a review of the SatCab Directive?
The power of the SatCab Directive: from lively to ... As also reported by The 1709 Blog, earlier this week the EU Commission launched (yet) a(nother) [for a slightly pessimistic view on the value of EU copyright public consultations see here ] public consultation, this time...
Appeals Court Falls for Government’s Shell Game in NSA Spying Case
The U.S. Court of Appeals for the D.C. Circuit’s opinion  today in Klayman v. Obama is highly disappointing and, worse, based on a mistaken concern about the underlying facts. The court said that since the plaintiffs' phone service was provided by one subsidiary of Verizon—Verizon...
Russia's Wikipedia Ban Buckles Under HTTPS Encryption
Dueling forces of encryption and government censorship came to a head in Russia this week in the form of an order to block Wikipedia . One Wikipedia article in particular (about charas hashish ) was deemed to run afoul of the country's restrictions on content related to drugs. This is...
Speech that Enables Speech: China Takes Aim at Its Coders
The maintainer of GoAgent, one of China's more popular censorship circumvention tools emptied out the project's main source code repositories on Tuesday. Phus Lu, the developer, renamed the repository’s description to “Everything that has a beginning has an end”. Phus Lu’s...
Friday Fun - Patent for Action Figures with Interchangeable Brains
Ann Robl Hats off to Uncle Milton Industries and inventor Mr. Poesch for this entertaining patent (U.S. 7,338,340 ).  Each toy starts as a stereotypical character with a set of sayings spoken in a character-specific manner (e.g. a policeman, skateboarder, soldier, infant, athlete...
"Simple Past, Present Continuous ...Future Perfect?" GFIP Conference Report V
This Kat encountered some technical issues that prevented him from completing his final report on the GFIP 2015 programme earlier. He does so now. The GFIP programme broke out into two parallel sessions for each of the two afternoons; one track focused on legal issues and the...
South African Government Conference Reveals Views On Draft Copyright Bill
JOHANNESBURG, SOUTH AFRICA -- Stakeholders from various positions of influence in the realm of intellectual property - including government - put a fine tooth comb through the South African Copyright Amendment Bill at a consultative conference called by the Department of...
Single-APJ Institution Pilot Program -- USPTO Requests Written Comments for IPR Proceedings
By Andrew Williams -- On August 25, 2015, the United States Patent and Trademark Office published a "Request for Comments on a Proposed Pilot Program Exploring an Alternative Approach to Institution Decisions in Post Grant Administrative Reviews" in the Federal Register (80 Fed...
TISA and Tech's Double Standards On Secret Government Internet Deals
The stash of previously-secret correspondence about the Trade In Services Agreement (TISA) that EFF obtained and published this week speaks volumes about the extent to which technology companies such as IBM and Google, and trade lobby groups such as the Computer and...
New Spear Phishing Campaign Pretends to be EFF
Google's security team recently identified a new domain masquerading as an official EFF site as part of a targeted malware campaign. That domain, electronicfrontierfoundation.org, is designed to trick users into a false sense of trust and it appears to have been...
UK To Introduce Webmarking For Registered Designs
With strong backing from interested parties in the intellectual property community, the United Kingdom government plans to introduce legislation to give registered UK or European Community design holders the option to mark their products with the address of a website that links to the relevant...
BGH: not so fast, look-alike fasteners
Whether features of a (usually three dimensional) sign that was formely protected by a patent can be the object of a valid trade mark registration has been the subject of quite a few decisions (see C-48-09 P (LEGO brick), IPKat post ,  j oined Cases C‑337/12 P to...
Thursday thingies
This Kat was delighted to see that the 12th edition of the Butterworths Intellectual Property Law Handbook is now published, though he was a little surprised to read about it online since he hasn't yet received his Consultant Editor's complimentary copies.  This lovely volume is now...
Ley Stalker: Organizaciones Internacionales Piden Al Gobierno Peruano Proteger La Privacidad De...
En una carta abierta dirigida a la Comisión de Constitución y Reglamento del Congreso del Perú, que será responsable de la revisión del Decreto Legislativo 1182 firmado por la Presidencia del país latinoamericano, diversas organizaciones internacionales defensoras de...
With Kafkaesque Flourish, the Eastern District of Texas Penalizes Parties for Following the Rules
In the wake of the Supreme Court’s June 2014 decision in Alice v. CLS Bank , most courts have been quickly and efficiently getting rid of patents that improperly claim “abstract ideas.” In Alice , the Supreme Court held that “abstract ideas,” without more, were unpatentable under...
Senators Looking to Add Bad CFAA Amendments to Bad Cybersecurity Bill
Sometimes bad things get even worse.  The  news  out of Washington is that when Congress comes back into session in September, Senator Sheldon Whitehouse will try to add some bad Computer Fraud and Abuse Act ( CFAA ) amendments onto the already awful cybersecurity bill...
Newly Released Emails Reveal Cozy Relationship Between U.S. Trade Officials and Industry Reps...
As officials assert the legitimacy of using secretive trade negotiations to decide a wide range of Internet policies, multinational corporations have been more than thrilled to take advantage of this opaque process to get their wish list of policies through the backdoor. And it's easy to observe...
Hashtags Are Not Trademarks—Eksouzian v. Albanese (Guest Blog Post)
By Guest Blogger Alexandra Roberts [Eric’s note: Prof. Roberts is a trademark expert at the University of New Hampshire School of Law. She’s writing a paper on hashtags as trademarks , a new topic of growing importance. When I saw this ruling, I immediately thought...
“Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report III
After an evening where speakers and attendees alike sought to find their bearings in the large expanse of the Marina Bay Sands Hotel (and no doubt tried to decide when to go the top of the hotel to indulge in the famous swimming pool and vista from the 57th floor). This Kat has not yet...
Review Of WIPO Development Agenda Implementation Picks Up Pace
An independent review of the World Intellectual Property Organization’s implementation of its 2007 Development Agenda Recommendations is progressing. A team of experts conducting the review, appointed by WIPO in May, just submitted their inception report to WIPO.
“Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report I
The Global Forum on Intellectual Property 2015 (GFIP), under the auspices of the Intellectual Property Office of Singapore (popularly known as IPOS) together with the Singapore IP Academy just completed its two-day event (25 to 26 August) at the well-known Marina Bay Sands...
U.S. Patent No. 7,635,300: Damage control game program and game machine
U.S. Patent No. 7,635,300: Damage control game program and game machine Issued Dec. 22, 2009, to Konami Summary: The ‘300 patent provides a new way to treat character damage during a game. In past games, a player could heal his character by receiving a power-up (plants...
Two Tough Section 230 Rulings From Last Week–General Steel v. Chumley & Xcentric v. Smith
Photo credit: enameled house number two hundred and thirty // ShutterStock Last week, we saw two Section 230 losses. Initially I was troubled by this confluence, but after digesting these opinions, I’m pretty certain they both involve unusual facts that limit any real damage to Section 230’s...
PTAB Denies Inter Partes Review Petitions Against Two Acorda Patents
By Kevin E. Noonan -- One of the statistics gleaned from Director Michelle Lee's recent blog on the post-issuance review provisions of the America Invents Act is that only 42% of inter partes review petitions have been granted over the past three years. There is no statistic in the Director's...
Breaking News: PTAB declines Bass hedge fund IPR challenges in Ampyra dispute
What's to watch, when there is exciting IP news to blog about?   Just as she was getting settled for some mindless television viewing after a long day, the AmeriKat received news that the USPTO's Patent Trial and Appeal Board ( PTAB ) has declined to institute two inter partes...
Ashley Madison’s Owners Give In to Temptation To Misuse The DMCA
Copyright is a poor tool for making embarrassing information disappear from the Internet. It rarely succeeds, and often draws more attention to whatever was embarrassing or harmful. Copyright isn’t designed for keeping secrets (in fact, it was generally meant to do the exact opposite by...
Monday miscellany
WIPO Roving Seminar roves again -- this time to New York . "Protecting Your Intellectual Property Overseas: WIPO Services and Initiatives" is the title of the next in the World Intellectual Property Organization (WIPO) series of Roving Seminars.  This all happens on 17 September in...
NGOs Call Out Switzerland For Pressuring Colombia On Compulsory Licences; Switzerland...
Civil society groups are calling on the Swiss government to refrain from putting pressure on developing countries wishing to manufacture generic medicines without the consent of the patent holder. The groups allege that the Swiss government tried to unduly influence Colombia to...
Standard Essential Patents Unenforceable on Theory of Indirect Infringement
Standard Essential Patents Unenforceable on Theory of Indirect Infringement By Joseph Herndon -- A recent decision by the Federal Circuit in JVC Kenwood Corp. v. Nero, Inc., decided August 17, 2015, involves nuanced details of standard-essential patents, but arrived at a...
A Natural Superfood, and Intellectual Property
In the United States we are used to an IP regime where the state grants the IP rights (usually limited monopolies) but does not itself own IP. That's not universally true, though. Many other countries rest control of local IP with the government and control its use and export. Two of those...
Web Conference on PTAB Proposed Rule Changes
Foley & Lardner will be offering a web conference entitled "PTAB Proposed Rule Changes: What's In and What's Out?" on August 27, 2015 from 12:00 to 1:00 pm (Eastern). Stephen Maebius and Paul Hunter of Foley & Lardner LLP will review the changes to post-grant...
Webinar on IP Agreements
Strafford will be offering a webinar/teleconference entitled "IP Agreements: Structuring Indemnification and Limitation of Liability Provisions to Allocate Infringement Risk" on September 1, 2015 from 1:00 to 2:30 pm (EDT). Kenneth A. Sprang of Washington International Business Counsel...
Letter from AmeriKat: Samsung sets sights on Apple Supreme Court fight, Bass's hedge fund...
The AmeriKat, yesterday, facing down the West and North winds The winds are here.  Every year, about this time, they come.   First gently, cooling the brows of perspiring commuters.  Then, by late August, they gather speed whipping up unsuspecting skirts and debris...
WoWftVoE
Brian Eno has a few pithy words to say about the dangers of being too driven by your fans . As we drive farther into patronage models of supporting artists I think his warning will become more relevant.
Once Again, Megaupload User Asks Court for His Files Back
Three years ago now, EFF’s client Kyle Goodwin, a sports videographer, asked the court to allow him to retrieve the files he stored in an account on the cloud storage site Megaupload. When the government seized Megaupload’s assets and servers in January 2012, Mr. Goodwin lost...
Lack of originality, slogan similarity and the Greek elections
The snap Greek elections, which have been called for 20 September, did not seem to have taken anyone by surprise, with exception of the "creative" branches of... the two larger political parties in Greece. How so? It appears that in a rush to make their mark and put their slogans in...
Former USPTO Director Kappos: Inventors Giving Up On Patent System After 200 Years
In a clarion call to policymakers, former United States Patent and Trademark Director David Kappos said recently that this year’s unprovoked drop in patent filings in the United States is unprecedented and signals a shift toward more secrecy by inventors trying to protect their ideas...
Proposed PTAB Rules Provide Incremental Change
On August 20, the United States Patent and Trademark Office (USPTO) published proposed amendments to current rules governing trial practice before the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA). The new proposals contain more substantive...
Inline Plastics Corp. v. EasyPak, LLC (Fed. Cir. 2015)
Claim Terms Not Limited to Specific Embodiment By Joseph Herndon -- In Inline Plastics Corp. v. EasyPak, LLC, the Federal Circuit offered some bits of wisdom for patent application specification drafting, while applying well-known case law to conclude that claims are not limited to a...
Stupid Patent of the Month: A Drink Mixer Attacks the Internet of Things
Imagine if the inventor of the Segway claimed to own “any thing that moves in response to human commands.” Or if the inventor of the telegraph applied for a patent covering any use of electric current for communication. Absurdly overbroad claims like these would not be allowed, right...
Users to USTR: Don't Sign Away Our Ability to Fix the Orphan Works Problem
The United States' excessive copyright terms have led to an orphan works crisis in this country. Tens of thousands of books, films, music recordings, and other cultural works across decades have been made completely inaccessible by copyright's strict monopoly, which can last more than...
Justice Delayed: Ninth Circuit Sends EFF’s NSL Cases Back for Consideration Under USA...
Often overlooked in discussions of the USA FREEDOM Act passed in June are the changes made to the National Security Letter (NSL) statute . The law addresses some of the more obvious problems with NSLs but fails, by a long shot, to bring them up to the standard required by the U.S...
Calling All Cosplayers: Project Secret Identity Returns to Dragon Con
Project Secret Identity is back.  EFF is returning to Dragon Con, the science fiction and fantasy convention in Atlanta, Georgia, for a Labor Day weekend of cosplay activism. This year’s privacy campaign will be even more sensational thanks to our partners at Access Now and the support of...
Interview: IP Enforcement In The US Fashion Industry
Protecting intellectual property rights in the fashion industry can be a tricky exercise in this fast-moving environment. Several avenues are possible for fashion designers in the United States, such as trademark, trade dress or design patents.Perkins Coie IP litigation partner Ann Schofield...
Monday miscellany
Posting of comments: a new Kat policy. In order to make it easier to follow the discussions and threads of debate which appear in the readers' comments section beneath each blogpost, the IPKat has initiated a new policy -- comment-posters are asked to identify themselves via a...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bristol-Myers Squibb Co. et al. v. Merck & Co., Inc. et al. 1:15-cv-00572; filed July 7, 2015 in the District Court of Delaware • Plaintiffs: Bristol-Myers Squibb Co.; E. R...
Posting comments on the IPKat: a new policy
Disguise is fine ... A few months ago, when Merpel's blogposts on the goings-on at the European Patent Office attracted a large number of comments, she instituted a rule that readers' comments would only be moderated if they were posted in the name of their author or under a...
BCP Customer Partnership Meeting
The U.S. Patent and Trademark Office will be holding its next biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting on Monday, September 14, 2015. The meeting will be simultaneously available at the USPTO Headquarters (Alexandria, VA) and the Midwest...
Webinar on Opinions of Counsel
Strafford will be offering a webinar/teleconference entitled "Patent Infringement: Structuring Opinions of Counsel -- Leveraging Opinion Letters to Reduce the Risks of Liability and Enhanced Damages" on September 10, 2015 from 1:00 to 2:30 pm (EDT). Thomas J. Scott, Jr. of...
#AliceStorm: The Summertime Blues Continue
By:   Robert R. Sachs    In my July post , I noted that Section 101 court decisions were issuing fast and furious, with twelve decisions in just the first ten days.  I predicted that "At this pace, we could see some twenty to thirty decisions this month." Sadly, I was spot on: there...
Amici Support Sequenom's Petition for Rehearing En Banc
By Kevin E. Noonan -- The Federal Circuit's Ariosa v. Sequenom decision handed down earlier this summer marked the apex (or nadir, according to your prejudices) of the current trend to limit the scope of patent eligible subject matter. On Thursday, twelve amicus curiae briefs were...
Appeals Court Falls for Government’s Shell Game in NSA Spying Case
The U.S. Court of Appeals for the D.C. Circuit’s opinion  today in Klayman v. Obama is highly disappointing and, worse, based on a mistaken concern about the underlying facts. The court said that since the plaintiffs' phone service was provided by one subsidiary of Verizon—Verizon...
NoBitcoinLicense.org: The Fastest, Most Impactful Tool to Fight the California Virtual Currency...
Californians, please help us stop A.B. 1326   We’re deeply concerned about A.B. 1326 , a misguided virtual currency licensing proposal moving quickly through the California legislature. We’ve blogged about the problems with the bill , urged supporters to send emails to their legislators , and...
Digital Rights Groups Team Up With Tech Companies to Fight A.B. 1326, the Virtual...
A coalition of nonprofit advocacy organizations and virtual currency companies published a letter today calling on the California legislature to reject A.B. 1326 unless important fixes were made to the bill. A.B. 1326 would create a license for virtual currency businesses in California. The...
India: Caution On Classifying Traditional Knowledge Under IPR
From The Hindu: Even as the government has initiated the process of vetting a draft Bill on the protection and management of traditional knowledge (TK), experts caution against creating monopoly rights on TK and classifying it under intellectual property rights.
Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google
shutterstock / Claudio Divizio – CAPTCHA This lawsuit against Google alleges that Google unfairly benefits from deploying a CAPTCHA process when users sign up for free gmail accounts. Specifically, the complaint alleged that Google unnecessarily included a second image in the...
Fashion Law and Debates - from Balenciaga to DVF
I see IP everywhere. Everywhere.  Including a reasonably trashy beach read in Spain. El sigh . Flicking through my sandy copy of  El Pais , I noticed a familiar face.  That of IP and Fashion scholar  Susan Scafadi , standing next to fashion designer ...
Octopus Genome Sequenced
By Kevin E. Noonan -- Invertebrate zoology is in many ways the most comprehensive survey course on biology, encompassing most multicellular life on the planet. (Indeed, the study of the Order Coleoptera alone, comprising the beetles, would satisfy that criterion: J.B.S. Haldane once...
Besieged Malaysian PM Doubles Down on Online Censorship Ahead of Anti-Corruption Rally
This weekend, tens of thousands of ordinary Malaysians will flood into the cities of Kuala Lumpur, Kota Kinabalu and Kuching, with satellite events held in solidarity around the world , to call for the resignation of Prime Minister Najib Razak. The rally, organized by Bersih 2.0 , a non-partisan...
Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement
Dmitriy Samorodinov / Shutterstock.com This is a lawsuit against Jawbone, a fitness tracker app, alleging that Jawbone’s battery life was significantly shorter than promised, and that it failed to accurately track and measure movement, calorie expenditure, and sleep: [plaintiff]...
Armor, Glory and ... religion in a US trade mark clash
This GreeKat learns from the Washington Post that US-based sports apparel company, Under Armour , has initiated trade mark infringement proceedings against Armor&Glory , a small company producing, in its own words, "inspirational apparel". At issue is use by...
Global IP Community: Eventful Season For Career Changes
The past few months have been eventful for career changes in the international intellectual property community. Here is a look at some of the changes in governments, international organisations, NGOs/academia, private sector and law offices.
Views from the Director's Office on Post-Grant Reviews by the PTAB
By Kevin E. Noonan -- Director of the U.S. Patent and Trademark Office and Under Secretary of Commerce Michelle Lee took the occasion of the release of the revised PTAB Guidances last Thursday to provide the patent community with some statistics regarding the post-grant...
Stalker Law: International Organizations Call Upon the Peruvian Government To Protect Its Citizens’...
In an open letter directed to the congress of Peru’s Commission on Constitution and Rules, a coalition of international human rights organizations have expressed their concern about Legislative Decree 1182 (“DL 1182,” “Ley Acosadora,” or “Stalker Law” in English )--a Peruvian...
TVEyes Wide Shut: Ruling on Broadcast Archiving Service Undermines Fair Use
A great decision on the fair use of radio and TV excerpts has been followed up by a troubling one that walks back some of the protections for new and innovative uses of media. Two years ago, Fox News sued a company called TVEyes, which creates a text-searchable database of...
EFF Announces 2015 Pioneer Award Winners: Caspar Bowden, Citizen Lab, Anriette...
Ceremony for Honorees on September 24 in San Francisco San Francisco - The Electronic Frontier Foundation (EFF) is pleased to announce the distinguished winners of the 2015 Pioneer Awards: the late international privacy expert Caspar Bowden, the human rights and global security...
Twitter Axes Accountability Projects, Sparing Politicians Embarrassment
Accountability projects that track deleted tweets from politicians and public officials suffered a critical setback this week when Twitter killed their ability to collect that information . This move comes a few months after the service shut down the U.S. version of Politwoops , the best...
“Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report IV
The second plenary session today addressed the topic of IP Value Creation—Strategies for the 21st Century. But first a word about the conference organization, This Kat heard many attendees marvel at the level and detail paid to the organization and on-site management of the event. From...
Algeria Joins Madrid Protocol, Triggers Global Easing Of Registration Of Marks
Trademark applicants should soon be able to make better use of the Madrid system for the registration of international trademarks, the World Intellectual Property Organization has announced. Algeria became the last country to join a protocol to the international trademark system, which will...
“Simple Past, Present Continuous…Future Perfect?” GFIP Conference Report II
The second plenary session for Day 1 was devoted to the topic of ASEAN Economic Integration 2015—Opportunities, Interoperability and Synergies in IP. ASEAN, the Association of Southeast Nations, is a political and economic organization consisting of 10 member states—Singapore...
July 2015 Update on Subject Matter Eligibility
By Michael Borella -- On July 30, 2015, the U.S. Patent and Trademark Office updated its subject matter eligibility guidance ("Eligibility Update"). This update provides recommendations and resources for examiners in addition to those in the Office's 2014 Interim Guidance on Subject...
Rule of Reason curbs Basic Instinct as trade mark loses its appeal
This may be one of those instances in which the title of a blogpost is more entertaining than the post itself. This post features  Case C-400/14 P   Basic AG Lebensmittelhandel v OHIM),  Repsol YPF SA intervening , a Court of Justice of the European Union...
WIPO Launches Development Agenda Program In Uganda
KAMPALA, UGANDA - The World Intellectual Property Organization (WIPO) has launched a Development Agenda program in Uganda, aimed at building capacity in the use of appropriate technology, specific technical and scientific information to address development challenges...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Reckitt Benckiser LLC v. Dr. Reddys Laboratories, Inc. et al. 1:15-cv-04524; filed June 26, 2015 in the District Court of New Jersey • Plaintiff: Reckitt Benckiser LLC •...
Star Wars? It's all Greek, but opposition succeeds in the end
Case T‑521/13  Alpinestars Research Srl v Office for Harmonisation in the Internal Market, Kean Tung Cho and Ling-Yuan Wang Yu,  a General Court of the European Union (Third Chamber) decision going back to 7 July, is one of those decisions that has been sitting in this...
City Can’t Use Copyright To Censor Critical Videos–Inglewood v. Teixeira
Joseph Teixeira lives in Inglewood, California, and he’s not a fan of Inglewood Mayor James T. Butts, Jr. (In a sign of remarkable judicial restraint, the judge doesn’t crack a single “butt” joke or pun). Teixeira blogs his objections about the Inglewood City Council and Mayor Butts at...
IP Experts Kick Off UC Berkeley Innovation Centre With Calls For Change
BERKELEY, CALIFORNIA -- “There’s only one thing we’re good at in this nation, and that’s innovation,” Tusher Center Director and Professor David Teece said recently in setting the tone for a day of discussions inspired by the launch of the new center at the University of California at Berkeley.
Never too late: if you missed the IPKat last week ...
While regular updater Alberto Bellan continues his well-earned holiday, IPKat blogmeister Jeremy again brings news of last week's substantive blogposts for the benefit of those very many people who have been holidaying or otherwise absent in the past week...
Conference & CLE Calendar
August 24, 2015 - Roadshow on Patent Quality and AIA Trials (American Intellectual Property Law Association and U.S. Patent and Trademark Office) - Santa Clara, CA August 26, 2015 - Roadshow on Patent Quality and AIA Trials (American Intellectual Property Law Association and...
IPO Webinar on Amgen v. Sandoz
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Amgen v. Sandoz: What Now?" on September 2, 2015 from 2:00 to 3:00 pm (ET). Krista Carver of Covington & Burling; Kevin Nelson of Duane Morris; and Elizabeth Weiswasser of Weil, Gotshal &...
AIPLA Webinar on Patent Reform
The American Intellectual Property Law Association (AIPLA) will be offering a webinar on "Patent Reform in the US Congress: An Overview of Current Legislation" on September 2, 2015 from 12:00 - 1:00 pm (Eastern). Sharon Israel of Mayer Brown, LLP will moderate a panel...
BIO IP & Diagnostics Symposium
The Biotechnology Industry Organization (BIO) will be holding its third annual IP & Diagnostics Symposium from 8:15 am to 2:30 pm on September 18, 2015 at the Hilton Alexandria Old Town Hotel in Alexandria, VA. The Symposium will review the current patent law landscape...
Keyword Ad Lawsuit Isn’t Covered By California’s Anti-SLAPP Law
The plaintiff, Los Angeles Yellow Cab, and defendants compete in the taxi industry. The defendants bought keyword ads at the search engines, such as the following triggered by the search “Yellow Cab Los Angeles”: Yellow Cab Los Angeles—Call 800–521–8294 or Book Online...
USPTO Proposes New PTAB Trial Rules
This week the United States Patent and Trademark Office (USPTO) published a proposed rule to amend the existing rules of practice for inter partes review, post-grant review, the transitional program for covered business method patents and derivation proceedings that implemented...
Question Everything: Three Questions Every Business Owner Should Ask their Creative Agency
Michelle Briggs What’s in a name? These days, a lot. The wake of the digital revolution requires business owners to adapt their marketing and branding efforts at an incredible and often overwhelming pace.  In response, a brigade of creative firms has arisen offering cutting edge...
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