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

In a judgment of 5 December 2011, the Commercial Court of Brussels (the “Court”) rejected claims brought by Lego Juris AS (“Lego”) that the packaging of watches sold by TKS SA (“TKS”) infringed the shape trade mark of its Lego bricks.

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

On 1 December 2011, the Court of Justice of the European Union (“ECJ”) adopted a judgment in case C-145/10 Eva-Maria Painer v. Standard Verlags GmbH, Axel Springer AG, Süddeutsche Zeitung GmbH, Spiegel-Verlag Rudolf Augstein GmbH & Co KG and Verlag M. DuMont Schauberg Expedition der Kölnischen Zeitung GmbH & Co KG.

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

An Atlanta, Georgia man was sentenced earlier this month to one year and one month in prison for intentionally accessing a computer of a competing medical practice, and taking personal information of the patients.

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

In an important decision on the issue of website operators’ copyright liability for user-generated content, the U.S. Court of Appeals for the Ninth Circuit has refused to hold a site operator liable for copyright infringement based solely on its general knowledge that some of the third party content on its site may be infringing.

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

Defendant moved to compel the deposition of a member of Plaintiff ‘s trial counsel regarding Plaintiff’s pre-filing investigation.

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

In “Teva Pharmaceutical Industries Ltd. v. AstraZeneca Pharmaceuticals LP”, No. 11-1091 (Fed. Cir. Dec. 1, 2011), the Federal Circuit affirmed the district court’s grant of SJ of invalidity of certain claims of Teva Pharmaceutical Industries Ltd.’s (“Teva”) U.S. Patent No. RE39,502 (“the ’502 patent”) based on AstraZeneca Pharmaceuticals LP’s (“AstraZeneca”) prior invention under 35 U.S.C. § 102(g)(2).

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

In “In re Link_A_Media Devices Corp.”, No. 11-M990 (Fed. Cir. Dec. 2, 2011), the Federal Circuit granted Link_A_Media Devices Corp.’s (“LAMD”) petition for a writ of mandamus directing the United States District Court for the District of Delaware to vacate its order denying LAMD’s motion to transfer venue, and to direct transfer to the United States District Court for the Northern District of California.

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

Plaintiffs’ goods and services were the subject of negative reviews from third parties on defendant’s consumer-review website, “PissedConsumer.com.”

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

This case arose out of a dispute over the ownership and use of the HUSTLER mark by brothers Larry and Jimmy Flynt, who for years were engaged in a series of lawsuits over the ownership of the family business and use of the HUSTLER trademark.

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

The Southern District of California denied a preliminary injunction based on descriptive fair use where the defendant used a descriptive phrase identical to plaintiff’s incontestable trademark in connection with nearly identical products.

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

A 1994 statute extended U.S. copyright protection to foreign works previously unprotected in the United States, removing an estimated “millions” of foreign works from free, public domain availability. Recently, the Supreme Court of the United States upheld this law despite challenges based on the U.S. Constitution’s Copyright and Patent Clause and First Amendment.

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

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find interesting or relevant – or both.

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

Discusses IP litigation commenced by Apple in China with the aim of protecting the IPad trademark.

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

On 28 July 2011 in the case of Twentieth Century Fox Film Corporation and Anor v British Telecom [2011] EWHC 1981 (CH), and for the first time in UK history, the High Court granted an injunction against an Internet Service Provider (ISP).

Source: Nominet News Feed

Nominet seeks views from members on the possible introduction of a Member’s Code

Source: Nominet News Feed

Nominet seeks views from members on the possible introduction of a Member’s Code

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

In the wake of last week’s web protests and media attention around pending anti-piracy legislation, leaders in both houses of Congress announced on Friday that they would indefinitely postpone further consideration of the Stop Online Piracy Act (“SOPA”) and the PROTECT IP Act (“PIPA”).

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

A well publicised Wikipedia blackout took place on 18 January 2012: a protest, joined by others with a prominent internet presence, such as Google, against the proposed U.S. IP protection legislation “SOPA” (the Stop Online Piracy Act) and “PIPA” (the Protect IP Act, or, more accurately, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act).

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

In September 2011, I wrote about how the Federal Circuit overturned a patentee’s $29.4 million infringement verdict and held that cancelling dependent claims in a reexamination without changing the language of the independent claims narrowed the claim scope due to intervening rights.

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

The European Commission is set to announce its proposals for new European Union privacy rules on Wednesday.