Intellectual Property Communications & Media Science, Computers & Technology

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MarkIt to MarketTM | June 2015

In This Issue: - Hashtag Trademarks: #ItsAllAboutTheUse - Upcoming Changes in Canadian Trade Mark Trademark Law - Changes in U.S Certification Mark Requirements - gTLD Sunrise Periods Now Open - The...more

Protecting Your Trademark from “.sucks” and “.porn”

Thousands of new generic top-level Internet domains (“gTLDs”) are opening up for registration. While many of these new gTLDs provide marketing opportunities for companies and other entities—for example, financial institutions...more

Strategies For Businesses Protecting Electronic Data Within California: Part Three

In Parts One and Two of this e-alert series, we discussed the federal Computer Fraud And Abuse Act ("CFAA") and its California corollary the California Computer Data Access And Fraud Act (CDAFA). In Part Three, we provide a...more

Is a “YourBrand.sucks” Domain Name Worth $2,500 per Year?

The sunrise period for "dot sucks," the new generic top level domain (gTLD), opened on March 30, 2015 and ends on June 19, 2015. During the sunrise period, the suggested retail price per .sucks domain name registration is...more

Has the Supreme Court signaled the end of invalidity opinion letters?

On May 26, 2015, in the case of Commil USA, LLC v. CISCO Systems, Inc., the U.S. Supreme Court answered the question of whether a good-faith belief that a patent is invalid shields a party from committing induced...more

No Coke, Pepsi. No Infringement, Summary Judgment?

2015 was the 40th anniversary for the NBC comedy series, Saturday Night Live (SNL). After 40 years, a television show is bound to have a cultural impact. And one of the series’ most well known sketches involves Olympia...more

Intellectual Property Bulletin - Spring 2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

Purple-Colored Fabric Tags Attached to Remote Control Found Inherently Distinctive

News flash, last Friday the USPTO approved for publication a non-traditional trademark that I’ve seen in real life before. Let’s just say it is attached to one of our many remote control devices that I’ve had to dig out from...more

Copyright levies on memory cards for mobile phones: another landmark decision from the CJEU (Case C-463/12)

Questions of copyright levies are hotly debated, since the decision as to whether such levies have to be payed or not has a significant influence on the price of the affected technical products and the movement of these goods...more

The Internet of Things

In this Presentation: - Internet of Things - definition - But what is it all about? - But not just that... - The IoT market in figures... - Beecham Research - view of the World - The Connected...more

FRAND Defense: ALJ Essex Provides an Evidence-Based Framework

Administrative Law Judge Essex has made another important contribution to the ongoing conversation regarding the enforcement of standard essential patents (SEPs) at the International Trade Commission. Building on the analysis...more

Updates to Russia's anti-piracy law expand the scope and reach

As of 1 May 2015 Russia has adapted its new "Anti-Piracy" laws in order to more effectively combat the scourge of online piracy. How it Works - The law was initially enacted in 2013, and provides the owners of...more

Court of Appeal Upholds Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Apparently Google does not appreciate being ordered by a Canadian court to remove worldwide search results. In Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.) we reviewed a 2014 decision in which...more

Intellectual Property and Technology News (North America), Issue 26, Q2 2015

The Internet of Things: EU vs US guidance - Reports from the European Commission and the FTC on privacy and security best practices for IoT - key issues and highlights... Are IPRs impacting the pharmaceutical...more

The Adoption of a Competitor's Trademarks as Search Terms In Google AdWords May Not Be Such a Great Idea

Google AdWords and similar services display highly prioritized links as search results when someone enters a predetermined search term into a search engine. It wasn’t long after such services became available that companies...more

In re DMCA Subpoena to eBay Inc. - USDC, S.D. California, June 5, 2015

Subpoena issued to eBay pursuant to DMCA, seeking to identify alleged infringers, is deemed valid under express statutory language despite eBay’s pre-subpoena removal of allegedly infringing material in response to related...more

Sports, Media and Entertainment Intelligence - June 2015

ADVERTISING - UK: Tweaks to rules on sales promotions and competitions - The UK’s Committee of Advertising Practice (CAP) has introduced changes to the provisions of its advertising code which deal with the running of...more

What Banks Need to Know About the .BANK Domain Name

As the internet continues to expand, there are new opportunities to use recently approved new domain name extensions similar to .COM, .EDU, .ORG, and .NET. One of these domain names of particular interest to financial...more

Apple Watch Design Patent

As we reviewed in our previous post - Industrial Design as a Competitive Tool - the value of strategic industrial design protection (also called a “design patent” in the US) should not be underestimated. The USPTO...more

Good-Faith Belief of Invalidity Not a Defense to Inducement

In its recent ruling in Commil USA v. Cisco Systems, 575 U.S. __ (2015), the Supreme Court addressed the knowledge requirement for a claim of inducing patent infringement, holding that defendants in a patent case could not...more

Trade Dress Updates: “Beauty” does not cut it

A recent decision of the US Federal Court (see: Apple, Inc. v. Samsung Electronics Co., Ltd. May 18, 2015) reviewed the jury decision in Apple’s famous infringement lawsuit against Samsung. You may recall that Apple’s 2011...more

European Commission Publishes Strategy on the Digital Single Market

On 6 May the European Commission released the EU’s Digital Single Market strategy (the ‘DSM Strategy’), with the declared objective to tear down the obstacles to doing business online. The DSM Strategy has been released...more

Ultramercial v. WildTangent -- Petition for Writ of Certiorari

The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The...more

Facebook vs. DESIGNBOOK: Is Anybody Watching?

One might assume that Facebook, the ubiquitous social media platform that aggregates and analyzes nearly 1 billion users‘ data, would know every nook and cranny of the USPTO trademark database. Apparently, that’s not quite...more

ID on Infringement and Public Interest in Remand of InterDigital Investigation - Certain 3G Mobile Handsets and Components Thereof

In a long-running investigation brought by InterDigital concerning Nokia mobile phones, the administrative law judge (ALJ) on the remand hearing from the U.S. Court of Appeals for the Federal Circuit found that Nokia’s...more

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