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: Microsoft And Google Strike Back: Declaratory Judgment Action Remains In Delaware Even Though Defendant Had Sued 450 Microsoft And Google Customers In Texas – Jeffer Mangels Butler & Mitchell LLP

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

Microsoft and Google sued Geotag in the District of Delaware for a declaration that their customers did not infringe a Geotag patent, “Internet Organizer for Accessing Geographically and Topically Based Information,” and that the patent was invalid.



February 1st, 2012 No Comments

United States: Motion To Dismiss Granted Where Complaint Failed To Allege That One Party Performed Each Step Of Method Claim – Jeffer Mangels Butler & Mitchell LLP

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

Defendants moved to dismiss a patent infringement complaint pursuant to Fed.R.Civ.P. 12(b)(6) on the theory that the complaint failed to allege facts showing that a single party performed each and every limitation of the method claim.



February 1st, 2012 No Comments

Belgium: Issues To Keep In Mind When Auditing And Valuating An IP Portfolio In Belgium – NautaDutilh

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

No one can deny that intellectual property is a valuable asset.



February 1st, 2012 No Comments

United States: Failing To Produce Documents And False Declarations Lead To Monetary Sanctions And Evidentiary Sanctions Precluding Defendants From Contradicting Plaintiffs’ Experts On Issues Of Infringement, Sales And Profits – Jeffer Mangels Butler

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

Plaintiffs filed a lawsuit for patent infringement, unfair competition and breach of fiduciary duty against several defendants, including AIM Sports.



February 1st, 2012 No Comments

United States: Even After Therasense a Defense of Inequitable Conduct Survives Summary Judgment – Jeffer Mangels Butler & Mitchell LLP

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

After the Federal Circuit’s decision in Thereasense, Inc. v. Becton, Dickinson and Co., 2011 WL 2028255 (Fed. Cir. 2011), it appeared likely that it would be difficult, if not impossible, to proceed on an inequitable conduct claim.



February 1st, 2012 No Comments

United States: Sanctions Granted For Repeated Discovery Misconduct And Attorneys’ Fees Awarded For Counsel’s Fabricated E-Mail – Jeffer Mangels Butler & Mitchell LLP

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

Plaintiff brought a patent infringement action alleging direct infringement of a single patent.



February 1st, 2012 No Comments

Canada: Speed Bump On The Patent Prosecution Highway – Blake, Cassels & Graydon LLP

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

Patent Prosecution Highways (PPH) have been established pursuant to bilateral agreements between patent offices of different countries.

February 1st, 2012 No Comments

European Union: No Trade Mark Liability For Bottler In Litigation With Red Bull – Van Bael & Bellis

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

On 15 December 2011, the Court of Justice of the European Union (“ECJ”) handed down a judgment in Case C-119/10 between Frisdranken Winters BV (“Winters”) and Red Bull GmbH (“Red Bull”) regarding the protection of the latter’s famous trade mark RED BULL.

February 1st, 2012 No Comments

China: Enforcing Intellectual Property Rights in the Next Internet Era – King & Wood

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

The Internet era has caused dramatic implications on the monitoring and enforcement of intellectual property rights.



January 31st, 2012 No Comments

United States: Another Case To Watch In The Ongoing Debate Over The Computer Fraud & Abuse Act – Fisher & Phillips LLP

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

The past year has produced noteworthy decisions from the Sixth, Ninth and Eleventh Circuit Courts of Appeals – and recent Congressional hearings – regarding the applicability of the Computer Fraud & Abuse Act.



January 31st, 2012 No Comments

South Africa: Is Marula A Trade Mark Or A Fruit? – Edward Nathan Sonnenbergs

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

Amarula liqueur is said to be the second most popular cream liqueur in the world, after Baileys Irish Cream, and understandably, there is a temptation to adopt a trade mark that would reap some of the benefits of the reputation established by the proprietor.



January 31st, 2012 No Comments

South Africa: Adidas’ Stripes – The Width Of Protection – Edward Nathan Sonnenbergs

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

The divergent views of the same issue that courts can take was recently well illustrated in a South African court case where Adidas launched trade mark infringement proceedings in the Western Cape High Court based on its well-known three-stripe trade mark.



January 31st, 2012 No Comments

United States: How To Protect Your Brand Without Being A Trademark Bully: Lessons From The North Face And Coke – Foley Hoag LLP

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

How can the owners of famous trademarks enforce their rights without being given the dreaded “trademark bully” label? The answer lies in knowing where to draw the line, and in exercising diplomacy in letting people know when the line has been crossed.



January 31st, 2012 No Comments

United States: Federal Circuit Holds That The ITC Has Jurisdiction Over Foreign Trade Secret Theft In Section 337 Investigations – Quinn Emanuel Urquhart & Sullivan

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

The U.S. Court of Appeals for the Federal Circuit recently affirmed the U.S. International Trade Commission (“ITC”)’s determination that it had jurisdiction to ban the importation of products made using processes protected by trade secrets, even where the misappropriation took place entirely outside of the United States.



January 31st, 2012 No Comments

Netherlands: Dutch Court Of Appeal: No Infringement By Samsung Of Apple’s Tablet Design – NautaDutilh

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

Yesterday the Court of Appeal of The Hague rendered its judgment in the Apple/Samsung case on design right issues.



January 31st, 2012 No Comments

United Kingdom: Piracy – Armed Guards Revisited And General Overview – Ince & Co

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

The recent announcement by the UK Government that weapons will be allowed on UK-flagged vessels is not perhaps as revolutionary as it might first appear. Under the relevant firearms legislation, shot guns and single shot rifles were already permitted, subject to the appropriate certification having been obtained.



January 31st, 2012 No Comments

United Kingdom: Piracy – Armed Guards Revisited And General Overview – Ince & Co

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

The recent announcement by the UK Government that weapons will be allowed on UK-flagged vessels is not perhaps as revolutionary as it might first appear. Under the relevant firearms legislation, shot guns and single shot rifles were already permitted, subject to the appropriate certification having been obtained.



January 31st, 2012 No Comments

United States: Rights To Warhol’s Banana – Frankfurt Kurnit Klein & Selz

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

On January 11, the Velvet Underground (“VU”), a business entity formed by the rock group “The Velvet Underground,” filed suit against the Andy Warhol Foundation for the Visual Arts, Inc. (the “Warhol Foundation”).

January 31st, 2012 No Comments

European Union: ECJ Confirms That IP Addresses Are Personal Data – Van Bael & Bellis

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

On 24 November 2011, the Court of Justice of the EU (the “ECJ”) handed down its judgment in case 70/10 Scarlet v. SABAM.



January 31st, 2012 No Comments

European Union: ECJ Rules On Counterfeits In Transit – Van Bael & Bellis

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

In November 2009, the UK Court of Appeal of England and Wales and the Belgian Court of First Instance of Antwerp each referred questions to the Court of Justice of the European Union (the “ECJ”) concerning the legal position of goods in transit through an EU Member State in which these goods infringe intellectual property rights (See, this Newsletter, Volume 2009, No. 11, p. 6).



January 31st, 2012 No Comments