IP Lab Intellectual Property Specialists

iplog our world of trade marks, copyright, designs rights and intellectual property in the UK, EU, Guernsey, Jersey, Gibraltar and further afield.

United States: The Battle Over Android, Oracle V. Google: Court Allows Third Chance For Oracle’s Damage Expert To Take A Bite Out Of Google But Makes Oracle Pay For The Chance – Jeffer Mangels Butler & Mitchell LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

In the ongoing saga over Oracle’s lawsuit against Google, the district court has allowed Oracle’s damage expert another chance to fix its damage report.



February 6th, 2012 No Comments

United States: Copyright Lessons From The Campaign Trail: Romney, Gingrich And Fair Use – Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Source: Mondaq.Com - feed of articles on Intellectual Property

This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to — what else — trademark issues.



February 6th, 2012 No Comments

European Union: ECJ Clarifies Requirements For Award Of Supplementary Protection Certificate For Medicinal Product – Van Bael & Bellis

Source: Mondaq.Com - feed of articles on Intellectual Property

On 24 November 2011, the Court of Justice of the European Union (“ECJ”) delivered its judgments in case C-322/10 Medeva BV (“Medeva”) v. Comptroller General of Patents, Designs and Trade Marks and case C-422/10 Georgetown University, University of Rochester, Loyola University of Chicago v. Comptroller General of Patents, Designs and Trade Marks.



February 5th, 2012 No Comments

United States: IP Dispatches From The Political Front: Mitt Slings Copyrighted Mud At Newt – Foley Hoag LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

Along with January’s hot activity in the race for the Republican Presidential nomination, we also saw the emergence of two more stories about the intersection of intellectual property and political ads.



February 3rd, 2012 No Comments

Canada: IP Monitor – Bell Helicopter’s Certified Landing Gear Does Not Infringe Eurocopter’s Patent – Norton Rose OR LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

On January 30, 2012, Justice Martineau of the Federal Court released his decision in the case of Eurocopter (Société par action simplifiée) v. Bell Helicopter Textron Canada Limitée1, in which Eurocopter claimed infringement of its patent relating to helicopter landing gear.

February 3rd, 2012 No Comments

United States: Frito-Lay N. Am., Inc. V. Princeton Vanguard, LLC, -Opp. No. 91195552, Canc. No. 92053001 (TTAB Nov. 16, 2011) – Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

Applicant filed a motion to compel certain electronically stored information (“ESI”) from Opposer. The TTAB explained that neither the Federal Rules nor the Trademark Rules dictate how extensive ESI discovery should be.



February 2nd, 2012 No Comments

United States: Benedict V. Super Bakery, Inc., 101 U.S.Q.P.2d 1089 (Fed. Cir. Dec. 28, 2011) – Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

Respondent failed to timely respond to Petitioner’s discovery requests on multiple occasions, including in violation of two TTAB orders.



February 2nd, 2012 No Comments

United States: The Trademark Audit: A Necessary Legal Checkup – Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Source: Mondaq.Com - feed of articles on Intellectual Property

A few weeks ago, we said goodbye to 2011, welcomed 2012 and made some New Year’s resolutions – whether it be to shed a few extra pounds, to quit smoking or to complain less and laugh more.



February 2nd, 2012 No Comments

Canada: Ontario Court Of Appeal Recognizes A Cause Of Action For Invasion Of Privacy: Jones v. Tsige – McCarthy Tétrault LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

We presented this case at our Privacy Law Update last fall.



February 2nd, 2012 No Comments

United States: Court Sinks Two Moms And A Toy’s Attempt To Modify Expert Schedule In Patent Battle Over Bath Toy – Jeffer Mangels Butler & Mitchell LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

Plaintiff, Two Moms and a Toy, filed an emergency motion to stay the expert phase of their case pending the court’s ruling on claim construction.



February 2nd, 2012 No Comments

United States: Finally – A Revitalized Patent Act – Goodwin Procter LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

After years of debate, Congress finally passed, and the President signed, the “Leahy-Smith America Invents Act,” the most comprehensive overhaul of the patent statute since it was enacted in 1952.

February 2nd, 2012 No Comments

Canada: Intellectual Property Weekly Abstracts Bulletin – Week Of January 30, 2012 – Borden Ladner Gervais LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

The Federal Court granted summary judgment to the Aga Khan, holding that Tajdin and Jiwa infringed his copyright in certain literary works.

February 2nd, 2012 No Comments

Australia: How do you register your trade marks overseas? – Madderns Patent & Trade Mark Attorneys

Source: Mondaq.Com - feed of articles on Intellectual Property

Since the “Madrid Protocol” in 2001, a single international trademark application can be filed in a number of countries.



February 1st, 2012 No Comments

Australia: The importance of considering the consumer when comparing trade marks – Madderns Patent & Trade Mark Attorneys

Source: Mondaq.Com - feed of articles on Intellectual Property

Solahart was successful in establishing that use of SOLARHUT was an infringement of trade mark registration of SOLAHART.



February 1st, 2012 No Comments

Australia: STOP in the name of the law – interlocutory injunctions – Madderns Patent & Trade Mark Attorneys

Source: Mondaq.Com - feed of articles on Intellectual Property

The legal wrangling between Apple & Samsung demonstrates the difficulties applying for an interlocutory injunction.



February 1st, 2012 No Comments

United States: Third Circuit Affirms District Court Decision On New Jersey Unclaimed Property Requirements Relating To Third Priority Rule And Data Collection – Perkins Coie LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

On January 5, 2012, the U.S. Court of Appeals for the Third Circuit affirmed the decision of the U.S. District Court of the District of New Jersey (“District Court”) with respect to 2010 N.J. Laws Chapter 25 (“Chapter 25″), which amended New Jersey’s unclaimed property statute.



February 1st, 2012 No Comments

United States: Is Your Company Ready For .Anything? – Fish & Richardson PC

Source: Mondaq.Com - feed of articles on Intellectual Property

The Internet as we know it may soon be changing forever. From January 12, 2012, to April 12, 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) is expected to accept applications for new generic top-level domain names (gTLDs) to the right of the dot, where .com is now.



February 1st, 2012 No Comments

United States: SOPA/PIPA Protest: Internet Blackout (At Least Partially And Temporarily) – Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Source: Mondaq.Com - feed of articles on Intellectual Property

In response to the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) pending in Congress, several online resources have decided to make their resources unavailable for a 24 hour period.



February 1st, 2012 No Comments

United States: Weather Underground, Inc. v. Navigation Catalyst Sys., Inc., 100 U.S.P.Q.2d 1778 (E.D. Mich. Nov. 9, 2011) – Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

Defendants registered domain names in bulk and made money from pay-per-click advertising on the corresponding websites.



February 1st, 2012 No Comments

United States: Philip Morris USA, Inc. v. Jiang, No. 11-cv-24049 (S.D. Fla. Dec. 12, 2011) – Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Source: Mondaq.Com - feed of articles on Intellectual Property

Defendants used nearly sixty domain names containing plaintiff’s marks for websites selling counterfeit cigarettes bearing those marks. The court granted plaintiff’s ex parte motion for a preliminary injunction.



February 1st, 2012 No Comments