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Sweeping Changes Proposed in Patent Reform ActTue, 8 Aug 2006 16:11:00 EST
Senators Patrick Leahy and Orin Hatch introduced the Patent Reform Act of 2006 to the Senate, it hopes to bring sweeping changes to the way patents are currently handled in the United States. The 45-page bill proposes legislation that Leahy calls 'a necessity.' TTAB Hearings Open to the PublicTue, 1 Aug 2006 18:07:00 EST
The TTAB announced in the July 27th, 2006 Official Gazette that the Board will allow public attendance to its hearings under certain conditions and according to certain procedures. USPTO Looking for Comments on Removal of Design Mark Paper RecordsTue, 18 Jul 2006 14:08:00 EST
On June 23rd, the USPTO published a notice in the Federal Register about a 'modified plan to remove the paper search collection of marks that include design elements from the USPTO's Trademark Search Facility and replace them with electronic documents.' The USPTO would like comments on this plan to fully access its desirability. Comments must be received before August 22nd, 2006 to ensure consideration. More On Famous Mark Protection in CanadaTue, 18 Jul 2006 13:45:00 EST
Stikeman Elliott LLP has more to say about the Supreme Court of Canada's rulings rejecting that there is an inverse relationship between the deminishing connection of wares and services and the strength of a mark. That is, that the importance of the connection between wares and services as stated in 6(5) of the TMA is of less importance as the strength of the mark increases. Same Goods and Same Name, But Not Likely to ConfuseFri, 14 Jul 2006 14:06:00 EST
John J. Dabney is reporting that in M2 Software, Inc. v. M2 Communications, Inc. the 'U.S. Court of Appeals for Federal Circuit held that the mere fact that both parties' products are physically identical does not render them related for purposes of determining a likelihood of confusion.' Yahoo! Loses Domain Name Dispute in ChinaFri, 10 Jul 2006 10:40:00 EST
Yahoo! was looking to gain control over the domain names yahu.com.cn and yahu.cn. However, Yahoo! had its appeal rejected by the China International Economic and Trade Arbitration Commission Domain Name Dispute Resolution Center (CIETAC). Scent... Copyrightable?Wed, 27 Jun 2006 15:52:00 EST
An unprecedented case in French court of appeals last February held that scents are qualified for protection under copyright laws. In L'Oreal vs. Bellure N.V., Bellure was held liable for copying a number of L'Oreal's fragrances. This lead the way for another such case in the Dutch Supreme Court earlier this month where L'Oreal sought to disgorge profits from Kecofa's knockoff scents, and won. Should scents really be considered works of art, do their creators orchestrate scents with 'notes' of diverse fragrances? European Vuitton vs. GoogleWed, 27 Jun 2006 14:47:00 EST
'A Paris appeals court is expected to issue a ruling Wednesday in a closely watched trademark violation case in which Louis Vuitton Malletier, a unit of LVMH, won an earlier round against Google. The Internet search company was ordered last year to pay Vuitton ?200,000, or $250,000, for trademark counterfeiting, unfair competition and misleading advertising.' Trademark Infringement in Google AdWords Advertising Keywords?Thu, 16 Jun 2006 16:35:00 EST
JP Enterprises filed a suit against Yahoo on the basis that Yahoo used it's trademark, lovecity.com, as a keyword in it's Google AdWords. This had the effect of advertising for dating websites owned by Yahoo and two other companies whenever someone searched for lovecity. JP Enterprises says that this is a deliberate misuse of its trademark. However, whether it causes confusion might be a bigger factor in this case. Updated User Manual AvailableTue, 15 Jun 2006 13:15:00 EST
The second revision to the CDNameSearch 8.5 User Manual has been published. US: Changes to E-Filings, Unpublished Decisions and E-DiscoveryTue, 15 Jun 2006 13:10:00 EST
Firasat M. Ali and Arturo E. Sandoval report that on the 12th of April 2006, the United States Supreme Court approved new amendments and rules to the Federal Rules of Appellate and Civil Procedure. Unless Congress enacts legislation to reject, modify or defer them, these amendments and rules will take effect on the 1st of December 2006. Canada: Famous Mark Not Likely To TrumpMon, 8 Jun 2006 14:25:00 EST
The Supreme Court gave its decisions on two cases on June 2nd, 2006 (Mattel, Inc. v. 3894207 Canada Inc., 2006 SCC 22 and Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée, 2006 SCC 23). The fact that 'Barbie' and 'Veuve Clicquot' were famous marks was not enough to trump a similar mark in dissimilar goods, reports Duncan Bucknell. |
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