Archive

Trademark Registrations top 2.47 Million in China

Tue, 20 Dec 2005 15:37:00 EST

"By the end of November, the accumulated number of registered trademarks reached 2.4714 million in the country ... As a result, 22,000 trademark-infringing cases have been investigated and dealt with according to law in 2005."

2005-12-20 QC Stats

Tue, 20 Dec 2005 11:25:00 EST

2005-12-20 Quality Control Stats

A Side-by-Side Comparison May Not Be the Best Form of Analysis

Tue, 20 Dec 2005 10:55:00 EST

"The U.S. Court of Appeals for the Second Circuit reversed the denial of a preliminary injunction for trademark infringement, noting the lower court was inappropriately focused on a side-by-side comparison of the goods rather than on the purchasing context in which the marks appeared."

US Postal Service Denied Exclusive Use of Common Terms

Thu, 15 Dec 2005 10:22:00 EST

A Federal Court has denied the USPS's request to trademark common terms such as "priority mail," "signature confirmation," "first-class mail" as well as the USPS eagle design logo, in Canada.

EU: Prison over Infringement?

Thu, 15 Dec 2005 10:19:00 EST

"For once, declared adversaries are on the same side of an argument in the technology industry: They are urging European lawmakers to drop legislation that would impose prison time on patent violators, which they say would stifle innovation across Europe. Heavyweights like Nokia and Microsoft and grass-roots groups like the Foundation for a Free Information Infrastructure are making common cause against wide-ranging legislation proposed by the European Commission that would criminalize all intellectual property infringements, including patent violations."

Tiffany & Co. sues Tiffany's Restaurant

Tue, 15 Dec 2005 10:14:00 EST

Tiffany & Co., the famous jeweler, has launched a trademark-infringement lawsuit at Tiffany's Restaurant, a rib joint in New Jersey. Along with a demand that the restaurant stop using the name Tiffany, the jeweler has demanded an unspecified amount in damages which include all profits the restaurant chain has made using the name.

Famous Mark Trumps Birth Name

Sun, 13 Dec 2005 12:07:00 EST

Samantha Buck's business, Sambuck's Coffee, has lost its battle with Starbucks when a federal judge ruled that Starbucks' copyright protection trumped Samantha's ability to use her own name with her business.

eBay Seeks Injunction Against Perfume Bay

Sun, 13 Dec 2005 12:05:00 EST

The injunction on Perfume Bay, an online retailer of various perfume and skin-care merchandise, was overturned when the US District Court ruled that its use of 'Bay' was acceptable so long as the names were separated by a space. However, this meant that it's use of perfumebay.com was unacceptable. The Court suggested the use of perfume_bay.com, instead. "The US District Court denied Perfume Bay's request for stay of the injunction when..."

2005-12-13 QC Stats

Tue, 13 Dec 2005 10:25:00 EST

2005-12-13 Quality Control Stats

EU: FIFA Wins Groundbreaking Dispute with Ferrero

Tue, 13 Dec 2005 10:06:00 EST

FIFA has successfully denied Ferrero from registering the trademark "Deutschland 2006," as it is similar to FIFA's own registered marks. "Despite the fact that Ferrero had expected such a petition from FIFA and had therefore deposited a so-called letter of protection with the court outlining its legal interpretation, the Hamburg district court ruled in favour of FIFA."

Least Developed Countries Granted Extension

Mon, 8 Dec 2005 16:52:00 EST

The World Trade Organisation's (WTO) Council for Trade Related Aspects of Intellectual Property Rights (TRIPS) has granted Least-Developed Countries an extension until July 1, 2013, to provide protection for trademarks, copyright, patents and other intellectual property under the WTO Agreement.

2005-12-06 QC Stats

Tue, 6 Dec 2005 11:28:00 EST

2005-12-06 Quality Control Stats

2005-11-30 QC Stats

Fri, 2 Dec 2005 13:16:00 EST

2005-11-30 Quality Control Stats

2005-11-29 QC Stats

Fri, 2 Dec 2005 13:14:00 EST

2005-11-29 Quality Control Stats

CIPO: Database Issue

Sat, 1 Dec 2005 17:04:00 EST

CIPO has informed us that new applications provided on Tuesday, Nov 29th 2005 did not have their classifications disseminated. The latest, correct update has been sent to us today, Dec 1st, and is being shipped today to all affected clients. We appologize for this inconvenience as, unfortunately, we received word of this problem the day after shipping the latest updates.

Version 8.5.1 Out the Door

Sat, 1 Dec 2005 16:05:00 EST

Revision 1 is going out the door this week with the latest batch of Master disks. With it come a minor enhancement and some bug fixes.

Subway Claims Exclusive Use of Term 'way'

Sat, 1 Dec 2005 16:05:00 EST

Subway is threatening to sue a father-and-son sandwich shop in Milford, Connecticut. Steakways Famous Philly Cheese Steaks has been in operation for a year now, but last month's legal threat has put its continued existance into question. Subway has ordered a cease and desist on the use of "Steakway," claiming it is confusingly similar to their own brand.

Registering a New .eu Top Level Doman

Sat, 1 Dec 2005 16:05:00 EST

"... foreign entities without a registered office, central administration, or principal place of business within the EU cannot register for a domain name under the .eu TLD. This holds true even for those foreign entities holding valid EU trademarks."

Mega Bloks Wins SCOC Ruling

Sat, 1 Dec 2005 16:05:00 EST

"Lego sought an injunction and damages from Mega Bloks. Lego believed it had a trademark on the look of the knobs on its blocks. After losing in lower courts, Lego appealed the case to the country's top court. Lego argued that Mega Bloks' advertising of its blocks could cause confusion between the two companies' products."

2005-10-04 Newsletter

Sat, 1 Dec 2005 16:03:00 EST

2005-10-04 Newsletter

2005-11-22 QC Stats

Tue, 22 Nov 2005 9:36:00 EST

2005-11-22 Quality Control Stats

2005-11-15 QC Stats

Wed, 16 Nov 2005 7:57:00 EST

2005-11-15 Quality Control Stats

CDNameSearch 8.5 Released!

Wed, 9 Nov 2005 10:58:00 EST

Clear and Unmistakable Disclaimer's Stardard Raised

Sat, 8 Nov 2005 18:54:00 EST

"Relying on Phillips methodology and an open transitional phrase, the U.S. Court of Appeals for the Federal Circuit vacated a summary judgment grant of non-infringement and set aside a finding of equivalents barring prosecution history estoppel. Free Motions Fitness, Inc. v. Cybex International, Inc. Case No. 05-1006 (Fed. Cir. Sept. 16, 2005) (Dyk, J.; Prost, J. dissenting)."

Free Searchable Lawsuit Database

Tue, 8 Nov 2005 18:38:00 EST

The "Who's Suing Whom" project, brought to you by InterLingua, Inc., offers a complete database of Patent, Trademark and Copyright litigation at no cost for "initial searches." Information on those searches will cost extra if purchased through their system. Nonetheless, this is a great tool to figure out if your client is being sued by someone else, if someone you're suing is also suing someone else, or a host of other things.

Confirmation of the First-to-File Advantage

Tue, 8 Nov 2005 18:34:00 EST

"A recent Federal Court of Appeal decision in Canada (Attorney General) v. Effigi Inc., 2005 FCA 172, has confirmed the importance of filing as early as possible trademark applications that are based on first use of the trademark in Canada. The decision has the effect of changing the examination practices of the Trade-marks Office that have been in place for the past 50 years."

2005-11-08 QC Stats

Tue, 8 Nov 2005 9:40:00 EST

2005-11-08 Quality Control Stats

2005-11-01 QC Stats

Tue, 1 Nov 2005 12:21:00 EST

2005-11-01 Quality Control Stats

2005-10-25 QC Stats

Tue, 25 Oct 2005 8:50:00 EST

2005-10-25 Quality Control Stats

2005-10-18 QC Stats

Tue, 18 Oct 2005 8:38:00 EST

2005-10-18 Quality Control Stats

ICANN Approves New Top Level Domains

Mon, 17 Oct 2005 13:56:00 EST

Several new TLDs (Top Level Domains) have been approved, and others are on the way. New domains include .mobi designed to be accessed by mobile phone, .jobs for job related websites, and .travel for travel related websites.

USPTO: Non-Physical Differences can be Material in Gray Market Cases

Mon, 17 Oct 2005 13:42:00 EST

"Following up on its ruling in Gamut, the U.S. Court of Appeals for the Federal Circuit clarified that 'material differences' that are a predicate to a gray market trademark infringement case do not need to be physical. However, the trademark owner must establish that "all or substantially all" of its goods meet the claimed material differences to prevail."

2005-10-12 QC Stats

Wed, 12 Oct 2005 11:10:00 EST

2005-10-12 Quality Control Stats

2005-10-04 QC Stats

Tue, 4 Oct 2005 13:18:00 EST

2005-10-04 Quality Control Stats

Intellectual Property Rights and Human Rights

Sat, 29 Sep 2005 12:05:00 EST

"WASHINGTON, Sept. 28 /U.S. Newswire/ -- This week, the General Assembly of the World Intellectual Property Organization (WIPO) holds its biennial meeting in Geneva ... The discussion is over a new twist on traditional property rights: Is the public harmed by the private ownership of IP goods? And, if so, should IP goods lose their property protection for the benefit of all?"

USPTO Updates Filing Translation Rules to Allow Pre-Action Interviews

Thu, 29 Sep 2005 11:51:00 EST

"The USPTO has amended its rules of practice to require a copy of an English translation of any foreign-language provisional application that is used as a priority document for a nonprovisional application."

Michael Geist - In the Public Interest: The Future of Canadian Copyright Law

Sat, 29 Sep 2005 11:01:00 EST

Michael Geist has published a new collection of essays on Canada's Copyright law, particularly relevant with the proposed Bill C60. The work is available under a Creative Commons licence, and available for free download. Original article at www.michaelgeist.ca

US Secretary of Commerce Announce IP Rights Initiative

Wed, 21 Sep 2005 16:50:00 EST

"U.S. Secretary of Commerce Carlos M. Gutierrez, on his first visit to Silicon Valley since taking office, told Mercury News editors and reporters Wednesday that the Bush administration plans to beef up enforcement of intellectual property rights violations that cost U.S. companies an estimated $250 billion a year in lost sales."

2005-09-20 QC Stats

Tue, 20 Sep 2005 12:39:00 EST

2005-09-20 Quality Control Stats

Typo-Squatting Domains

Sun, 19 Sep 2005 16:56:00 EST

Typo-squatters register domain names that differentiate from the actual more popular domain by only a letter or two, in effect bleeding off any excess traffic from individuals who mistype the actual site's url. WIPO has stepped-in in two such cases, but only because Domain had been registered "in bad faith."

USPTO: Dealing with TLD Indicators on Domain Name Trademark Applications

Thu, 15 Sep 2005 16:11:00 EST

Can a TLD, "Top Level Domain" (such as .com), influence the distinctive nature of a Generic or Descriptive mark? Jennifer Mikulina explores this debate in accordance to a recent ruling by the U.S Court of Appeals.

Online WIPO Gazette of Int. Marks

Sun, 13 Sep 2005 18:00:00 EST

The World Intellectual Property Organization has started publishing an online version of its Gazette of International Marks, the official publication of the Madrid System for the international registration of trade marks.

2005-09-13 QC Stats

Tue, 13 Sep 2005 8:36:00 EST

2005-09-13 Quality Control Stats

Weekly 8.5 Documentation Update

Tue, 9 Sep 2005 15:51:00 EST

Regardless of whether or not you're struggling with 8.5, the newly updated documentation can provide information that will improve your search power and make CDNameSearch more comfortable to use.

2005-09-07 Newsletter

Tue, 9 Sep 2005 15:49:00 EST

2005-09-07 Newsletter

CIPO: The (Un)Enforceability of Mandatory Arbitration Clauses

Sat, 1 Aug 2005 09:32:11 EST

"In Ontario, the courts considered the enforceability of mandatory arbitration clauses in the context of proposed class proceedings in the two cases: Huras v. Primerica Financial Services Inc. and in Kanitz v. Rogers Cable Inc [...] The amendments authorize a consumer to commence a class proceeding arising out of a consumer...

USPTO to Allow Examiners to Make Foreign Prosecution History of Record in Domestic Applications

Fri, 31 Aug 2005 16:58:00 EST

"The USPTO is considering whether to expand its tri-lateral (US, EPO, Japan) document sharing procedures to permit examiners to import published documents donor offices into the application file of the recipient office."

WIPO Development Agenda Held Back

Fri, 25 Aug 2005 16:53:00 EST

"A three-day meeting at the World Intellectual Property Organisation (WIPO) ended with members unable to reach a consensus on how to continue talks on integrating development concerns into WIPO's mandate and activities. Although most countries were in favour of holding further sessions of the 'Inter-sessional Inter-governmental Meeting' (IIM) that has been examining the issue, opposition from the US and Japan meant that no such recommendation will be made to the WIPO General Assembly when it meets in late September. Instead, the WIPO Secretariat will now draw up a factual report of the discussions, which will be finalised at a further meeting just prior to the General Assembly."

Edric Keighan of CubeWerx on short list of CATAAlliance Innovation and Leadership Awards

Sun, 22 May 2005 16:47:00 EST

Congratulations to Edric Keighan of CubeWerx, who made it to the short list of CATAAlliance Innovation and Leadership Awards.

Intellectual Property Rights and Nordic SMEs

Mon, 17 May 2005 16:46:00 EST

Intellectual Property Rights and Nordic SMEs This paper suggests ten practical IP rules for SME

Trademarks Rule Over Domains

Wed, 22 Jun 2005 16:45:00 EST

Trademark ownership rights continue to secure their place in Cyberspace as courts and international bodies rule against those registering Internet domain names that incorporate trademarks they do not own.

2005-08-23 QC Stats

Tue, 23 Aug 2005 8:23:00 EST

2005-08-23 Quality Control Stats

USPTO Launches Intellectual Property Protection Web Site

Mon, 22 Aug 2005 15:08:00 EST

The United States Patent and Trademark Office released a website (http://stopfakes.gov) to help protect their Intellectual Property from "overseas piracy and counterfeiting."

2005-08-16 QC Stats

Tue, 16 Aug 2005 11:13:00 EST

2005-08-16 Quality Control Stats

CDNameSearch 8.2.4 Released

Sat, 9 Aug 2005 11:31:00 EST

CDNameSearch 8.2 Build # 4 was released June 9, 2005. The search software has a few changes from the previous 8.2.2, primarily to the handling of design images.

Knowledge Library Wiki Beta Release

Sat, 9 Aug 2005 11:30:00 EST

The CDNameSearch Knowledge Library Wiki was released for beta testing by customers.

HOPE Volleyball SummerFest

Sat, 9 Aug 2005 11:29:00 EST

Volleyball SummerFest - July 9 in Ottawa. HOPE's flagship Volleyball SummerFest event combines recreational volleyball with live rock entertainment. Each year, more than 25,000 players and spectators flock to Mooney's Bay Beach in Ottawa for the greatest summer party in the region. These participants have helped HOPE raise close to $5 million in support of more than 100 local charities.

Euro Character

Sat, 9 Aug 2005 11:16:00 EST

Searching the Euro Character

RSS Feeds

Sat, 9 Aug 2005 11:14:00 EST

What is a Rich Site Summary (RSS) feed and how can I use it to advantage in my business?

USPTO Goods and Services Classification

Fri, 20 May 2005 12:22:00 EST

In a USPTO Class search, the default is now the radio button labeled Government and CDNameSearch, instead of Government.

CDNameSearch 8.2 Released

Fri, 21 Apr 2005 15:59:00 EST

The latest version of CDNameSearch is ready to be released with this week's shipment. This release comes with some anticipated changes to the US search text within CDNameSearch, making the US version more serviceable for actual USPTO searching, as well as enhancements and bug fixes.

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