Digital Media Law Alert -- Court Orders Search Engines and Social Sites to De-Index Websites -- May 2012 by Ruskin Moscou Faltischek on 5/17/2012 Hermes International SCA (www.Hermes.com), maker of Birkin handbags and silk scarves, recently won a judgment that includes $100 million in damages against 34 websites that sold fake copies of its luxury goods on websites...more
ACTA: The Public Revolt by Ladas & Parry LLP on 5/17/2012 The Anti-Counterfeiting Trade Agreement (ACTA) is the latest and most far-reaching attempt to harmonize intellectual property enforcement and strengthen anti-counterfeiting efforts across the globe. As of May 2012, the...more
Second Circuit, in Matter of First Impression in that Circuit, Holds that non-U.S. Production or Use Does Not Trigger “First Sale... by Cadwalader, Wickersham & Taft LLP on 5/16/2012 In reporting on Omega S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff’d by an evenly divided Court, Costco Wholesale Corp v. Omega, S.A., 131 S.Ct. 565 (2010) — a Ninth Circuit decision affirmed by the U.S....more
USPTO Seeks Comments on New Sequence Listing Standard by McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2012 The U.S. Patent and Trademark Office published a notice published in today's Federal Register (77 Fed. Reg. 28541) seeking comments regarding an international effort to revise the standard for Sequence Listing submissions. ...more
IP Highlights/May 2012 by Karanovic & Nikolic Law Office on 5/15/2012 In This Issue: - Serbia Karanovic and Nikolic IP Regional Partner to attend 134th International Trademark Association’s (INTA) Annual Meeting in Washington DC.. - Greece Adoption of the new Law on...more
Section 337: tips for discovery in ITC’s rocket-docket by Snell & Wilmer L.L.P. on 5/15/2012 Reprinted and/or posted with the permission of Daily Journal Corp. (2012). It’s 4 p.m. on a Friday and your client calls in a panic after sending you a complaint for patent infringement, along with a lengthy set of...more
Extraterritorial Jurisdiction Found Absent Under the Lanham Act for Trademark Infringement by Cadwalader, Wickersham & Taft LLP on 5/11/2012 Gucci America, Inc. v. Guess?, Inc., 09 Civ. 4373 (S.D.N.Y. 2011)(SAS)(JLC), discusses the growing issue in international litigation of the “extraterritorial” application of federal laws, in this case the Lanham Act’s...more
European Union Court Rules that Software Functions Cannot Be Copyrighted by Patton Boggs LLP on 5/10/2012 In a recent decision, SAS Institute Inc. v. World Programming Ltd., the Court of Justice of the European Union held that “[s]ince a program’s functionality, its programming language and the format of its data files, are...more
Hermès Wins In Suit Against Counterfeit Group by Winthrop & Weinstine, P.A. on 5/9/2012 I am going to Paris in a couple of weeks, so the recent $100 million judgment in favor of the Paris based Hermès International SCA (“Hermès”) piqued my interest. Unlike my prior post Stealing Trademarks Can Land You in Jail,...more
European Court of Justice Rules on Copyright Status of Computer Programming Languages and Functionality by Proskauer - New Media & Technology on 5/7/2012 In a jury room in San Francisco, jurors in Oracle, Inc. v. Google, Inc. have been toiling over complicated issues related to the copyrightability of the Java computer programming language, and they may well return a verdict...more
Trade & Manufacturing Alert - May 2012 by King & Spalding on 5/3/2012 In This Issue: - 01 World Trade Organization Forms Compliance Panel In Airbus Case - 02 USTR Details Issues And Progress On Foreign Trade Barriers - 03 The “Bigger Brazil” Industrial Plan Grows Again - 03 Commerce...more
Expert Guide -- Labour & Employment Law: Negotiating U.S. Executive Employment Agreements by Thompson Coburn LLP on 5/3/2012 Originally published in www.corporatelivewire.com, Expert Guide - Labour & Employment Law - April 2012. While few U.S. employees have employment agreements, they are often necessary for recruiting and retaining key...more
U.S. Trade Representative Issues 2012 Special 301 Report by McDonnell Boehnen Hulbert & Berghoff LLP on 5/2/2012 On Monday, the U.S. Trade Representative (USTR), Ronald Kirk, issued the 2012 Special 301 Report. According to the USTR website, the Report "reflects the Administration's resolve to encourage and maintain effective IPR...more
New from Abroad: Enlarged Board of Appeal to Consider Breeding Processes Again by McDonnell Boehnen Hulbert & Berghoff LLP on 5/2/2012 In March 2011, we reported on an EPO Enlarged Board of Appeal (EBA) decision on two cases involving the patentability of plant breeding processes (see "The Enlarged Board of Appeal Discusses What Makes An Invention...more
CBP Adds a New Tool to its Anti-Counterfeit Arsenal: New Rule Brings IP Rights Holders into Pre-seizure Investigative Process by Venable LLP on 5/1/2012 Tuesday, April 24, 2012, U.S. Customs and Border Protection (“CBP”) issued a new Interim Rule that, effective immediately, enhances the effectiveness of its anti-counterfeit operations. 77 Fed. Reg. 24,375. The rule amends...more