Marty (The Trademark Blog) extracts from the 11th Circuit’s ruling in Davidoff v CVS, where the parallel importer was found liable for infringement by removing the UPC codes (which, of course, are not put there to detect parallel import leaks, but in case of product recall requirements). He appends the text of the decision. Off the top of my head, I don’t think that argument would help Davidoff down here as s 123.. Read More
A committee comprised of judges and attorneys has published the National Patent Jury Instructions. As its name suggests, a set of model instructions for juries in the USA for patent actions. Apart from when your client might be litigating in lawyer paradise, you never know, you might find some useful ideas – bearing in mind that their law and our law are not exactly the same! Download from here. Lid dip Patently-O.
Francis Gurry, the newly appointed Director General of WIPO will be speaking in Melbourne on 3 August 2009: Intellectual Property, Innovation and Creativity – Future Global Directions Intellectual Property, Innovation and Creativity – Future Global Directions Registration is free, but bookings essential. More details here (pdf).
Felix Oberholzer-Gee at Harvard and Koleman Strauss at Uni. of Kansas take an empirical look at the effect of file sharing on copyright industries. They accept that file sharing has weakened copyright protection (although they are quite sceptical about the studies trying to prove this). They argue this is only part of the question, however, for policy-makers. They contend that, if the role of copyright is to provide incentives to create new works,.. Read More
The ALRC has released a discussion paper outlining 65 proposals: “to balance a growing commitment to increased openness and transparency in government with the legitimate need to maintain the secrecy and confidentiality of some Commonwealth information.” Submissions should be made by a leisurely 7 August 2009. According to the Media Briefing: The chapters fall into four broad areas: concepts and comparisons; a general criminal secrecy offence; specific secrecy offences; and administrative duties, practices.. Read More
In case your newsfeed hasn’t beeped you, the jury in Minnesota has awarded the record companies US$1,920,000 against Jammie Thomas for her 24 infringing downloads. That’s right, $80,000 per infringement. The original award, which the judge quashed “sua sponte“, was “only” $220,000. Presumably, there are going to be some interesting motions “non obstante veredicto“? Evan Brown has some links. The Age (lid dip Matt Bromley). Howard predicts (hopes?) this is the end for.. Read More
According to the IPKat, the ECJ has introduced an EU-wide law of unfair competition/tarnishment for registered trade marks in L’Oreal v Bellure. Read more
IP Australia has released 3 further consultation papers on “IP Rights Reforms”: resolving divisional applications faster resolving patent oppositions faster resolving trade mark oppositions faster Submissions are sought by 17 August 2009. Download the papers (pdf or .doc) from here. There are also links to the earlier papers on ‘Getting the Balance Right’ and ‘Exemptions to Patent Infringement’.
Lea Lewin looks at why Virgin lost its opposition (in the Office) to Qantas‘ attempt to register ALL DAY, EVERY DAY, LOW FARES in the face of Virgin’s ‘trade mark’ for: EVERY DAY LOW FARES Unfortunately, Virgin’s ‘trade mark’ doesn’t exactly leap off its website (or the evidence it filed). Given Qantas is on the verge of registration (and apparently using its ‘mark’ through Jetstar), I can see why Virgin would want one.. Read More
Yesterday (in the USA) Google’s new trade mark policy and complaint procedure came into force. All the details here. Australia is still in the regions where both text and keywords are monitored. Lid dip @TrademarkBlog (aka Marty Schwimmer)