2007-12-21 QC Stats

Fri, 21 Dec 2007 15:02:00 EST

2007-12-11 Quality Control Stats

Replaced USPTO Update of December 17, 2007

This shipment contains a replacement disk for the combined CIPO + USPTO disk sent earlier this week. Nothing has changed in the CIPO Update.

This disk contains both CIPO and USPTO updates. You should install the USPTO Update dated December 20, 2007. You should install the CIPO Update dated December 18, 2007 only if you did not install it from the earlier disk. It does no harm to re-install it.

The USPTO Update from December 17, 2007 had a problem with the Registration pages, which prevented some registration pages and extended previews from being displayed or reported.

We identified this problem in our testing just after shipping the disks, and telephoned all customers affected by the problem, probably before they received the disks. Searches with the USPTO update disk were not affected by the problem?only the display and reporting of some hits were affected.

The CIPO Update was not affected by the problem.

Olympic and Paralympic Marks Act Comes Into Force

Fri, 21 Dec 2007 14:49:00 EST

In preparation for the upcoming Vancouver 2010 Winter Olympic Games, the Olympic and Paralympic Marks Act came into force on December 17, 2007.

This legislation has been enacted for the protection of marks relating to the Olympic and the Paralympic games. Schedules I and II of the Act identify the words and symbols that are protected by the new legislation.

We encourage you to consult this new legislation for further details.

2007-12-11 QC Stats

Tue, 11 Dec 2007 10:30:00 EST

2007-12-11 Quality Control Stat

2007-12-04 QC Stats

Tue, 4 Dec 2007 11:43:00 EST

2007-12-04 Quality Control Stat

2007-11-27 QC Stats

Tue, 27 Nov 2007 10:09:00 EST

2007-11-27 Quality Control Stat

2007-11-20 QC Stats

Tue, 20 Nov 2007 9:36:00 EST

2007-11-20 Quality Control Stat

2007-11-13 QC Stats

Tue, 13 Nov 2007 9:34:00 EST

2007-11-13 Quality Control Stat

2007-11-06 QC Stats

Tue, 6 Nov 2007 11:00:00 EST

2007-11-06 Quality Control Stat

2007-10-30 QC Stats

Tue, 30 Oct 2007 10:06:00 EST

2007-10-30 Quality Control Stat

2007-10-23 QC Stats

Tue, 23 Oct 2007 10:05:00 EST

2007-10-23 Quality Control Stat

2007-10-16 QC Stats

Tue, 16 Oct 2007 13:04:00 EST

2007-10-16 Quality Control Stat

2007-10-09 QC Stats

Wed, 10 Oct 2007 9:19:00 EST

2007-10-09 Quality Control Stat

2007-10-02 QC Stats

Tue, 2 Oct 2007 9:37:00 EST

2007-10-02 Quality Control Stat

2007-09-25 QC Stats

Tue, 25 Sep 2007 12:30:00 EST

2007-09-25 Quality Control Stat

2007-09-18 QC Stats

Tue, 18 Sep 2007 11:30:00 EST

2007-09-18 Quality Control Stat

2007-09-11 QC Stats

Tue, 11 Sep 2007 10:17:00 EST

2007-09-11 Quality Control Stat

2007-09-04 QC Stats

Wed, 5 Sep 2007 8:24:00 EST

2007-09-04 Quality Control Stat

2007-08-28 QC Stats

Tue, 28 Aug 2007 10:29:00 EST

2007-08-28 Quality Control Stat

2007-08-21 QC Stats

Tue, 21 Aug 2007 10:13:00 EST

2007-08-21 Quality Control Stat

2007-08-14 QC Stats

Tue, 14 Aug 2007 10:27:00 EST

2007-08-14 Quality Control Stat

2007-08-07 QC Stats

Tue, 7 Aug 2007 13:19:00 EST

2007-08-07 Quality Control Stat

2007-07-31 QC Stats

Tue, 31 Jul 2007 9:01:00 EST

2007-07-31 Quality Control Stat

2007-07-24 QC Stats

Tue, 24 Jul 2007 10:12:00 EST

2007-07-24 Quality Control Stat

2007-07-17 QC Stats

Tue, 17 Jul 2007 10:41:00 EST

2007-07-17 Quality Control Stat

2007-07-10 QC Stats

Tue, 10 Jul 2007 10:26:00 EST

2007-07-10 Quality Control Stat

2007-07-03 QC Stats

Wed, 4 Jul 2007 12:56:00 EST

2007-07-03 Quality Control Stat

2007-06-26 QC Stats

Tue, 26 Jun 2007 11:02:00 EST

2007-06-26 Quality Control Stat

2007-06-19 QC Stats

Tue, 19 Jun 2007 13:24:00 EST

2007-06-19 Quality Control Stat

2007-06-12 QC Stats

Tue, 12 Jun 2007 12:19:00 EST

2007-06-12 Quality Control Stat

2007-06-05 QC Stats

Wed, 6 Jun 2007 9:02:00 EST

2007-06-05 Quality Control Stat

2007-05-29 QC Stats

Tue, 29 May 2007 12:36:00 EST

2007-05-29 Quality Control Stat

2007-05-22 QC Stats

Thu, 24 May 2007 8:24:00 EST

2007-05-22 Quality Control Stat

2007-05-08 QC Stats

Tue, 8 May 2007 9:25:00 EST

2007-05-08 Quality Control Stat

2007-05-01 QC Stats

Wed, 2 May 2007 9:08:00 EST

2007-05-01 Quality Control Stat

2007-04-24 QC Stats

Wed, 25 Apr 2007 8:05:00 EST

2007-04-24 Quality Control Stat

2007-04-17 QC Stats

Tue, 17 Apr 2007 10:44:00 EST

2007-04-17 Quality Control Stat

2007-04-10 QC Stats

Tue, 10 Apr 2007 10:16:00 EST

2007-04-10 Quality Control Stat

2007-04-03 QC Stats

Tue, 3 Apr 2007 10:28:00 EST

2007-04-03 Quality Control Stat

2007-03-27 QC Stats

Tue, 27 Mar 2007 9:40:00 EST

2007-03-27 Quality Control Stat

2007-03-20 QC Stats

Tue, 20 Mar 2007 11:58:00 EST

2007-03-20 Quality Control Stat

Domain Name Disputes Rose Significantly in 2006

Tue, 13 Mar 2007 16:49:00 EST

The National Arbitration Forum (NAF) found a 21% increase in the number of disputes in 2006 over the number in 2005. Most of these disputes had to do with the most popular top level domains (.com, .org, .net), handled under the Uniform Domain Name Dispute Resolution Policy (UDRP). But what about the CDRP?

USPTO To Remove Paper Collection of Registered Word Marks

Tue, 13 Mar 2007 16:06:00 EST

Oh, the good old days of browsing through the paper collection, endlessly, hunched over with sore eyes and blistered fingers. Okay, it wasn't so bad, but I wouldn't give up searching with CDNameSearch for anything, now. In any case, that era is firmly coming to and end with the USPTO's removal of the paper collection.

2007-03-13 QC Stats

Tue, 13 Mar 2007 9:19:00 EST

2007-03-13 Quality Control Stat

2007-03-06 QC Stats

Tue, 6 Mar 2007 12:40:00 EST

2007-03-06 Quality Control Stat

USPTO Opens Up to Online Peer Reviewing for Patent Applications

Mon, 5 Mar 2007 14:21:00 EST

New York Law School Professor Beth Noveck calls the USPTO's pilot project "revolutionary." It allows patent applications to be posted to the internet and then invites user commentary grounded in a ratings based community system designed to push the most respected posts to the top. The whole system is described as resembling the one used by Wikipedia, though the applications themselves are not editable. So far, companies volunteering to have their patent applications reviewed online include IBM, Microsoft, Hewlett-Packard, Oracle, and Intel.

Canadian Olympic Committee Own Rights to Combinations of "Winter", "Vancouver", "2010", "Games"

Mon, 5 Mar 2007 13:52:00 EST

In an attempt to stop so called ambush marketing during the 2010 Winter Olympics, the Government of Canada is passing a new set of laws, Bill C-47, which give the International and Canadian Olympic Committees powerful rights in controlling the use of its trademarks, and even words generically descriptive of the Olympics. Michael Geist wonders if the measures are too strong. In his own words, "Should the Vancouver Olympic Organizers Own 'Winter'?"

2007-02-27 QC Stats

Tue, 27 Feb 2007 11:00:00 EST

2007-02-27 Quality Control Stat

Internal Use of Competitor's Common-Law Marks Within Online Store?

Wed, 21 Feb 2007 12:53:00 EST

Eric Goldman brings up an interesting case where a lawsuit over the misuse of purchased, trademarked keywords turned into a counterclaim for plaintiff's misuse of defendent's common-law marks as product indentifiers on their website. The case was eventually settled in the defendent's favour.

Congress Tackling Patent Reform

Wed, 21 Feb 2007 12:22:00 EST

"Although Congress has long considered the patent system a shambles and has attempted to pass corrective legislation several times in the past, the issue is so sprawling and integral to the U.S. economy that progress has come slowly and in grudging increments. But lawmakers in the current Congress have vowed anew to clean up a system overwhelmed by frivolous patent applications and expensive lawsuits."

2007-02-20 QC Stats

Tue, 20 Feb 2007 12:16:00 EST

2007-02-20 Quality Control Stats

ASIA Top Level Domain Around the Corner

Fri, 16 Feb 2007 10:06:00 EST

Get ready for the rush. With the introduction of the .ASIA TLD coming, trademark owners are getting ready to register their trademarks with the new domain. Failing that, they're getting ready to sue whoever inadvertently or purposefully registers a domain using their trademarks. With a market of over 400 million internet users (and growing quickly), the new Asian TLD will give trademark owners a chance to endorse their marks in the quickly growing economies of the East.

2007-02-13 QC Stats

Tue, 13 Feb 2007 12:09:00 EST

2007-02-13 Quality Control Stats

Advertising on the Fly

Tue, 13 Feb 2007 11:47:00 EST

Does this count as proof of use of mark in commerse? A different kind of skywriting.

CBC Wins Back Hockey Night in Canada

Fri, 9 Feb 2007 9:49:00 EST

The Canadian Broadcasting Corporation won a battle over the domain name The cybersquatter, Ghalib Dhalla, had registered the domain on Nov 8th, 2000 and allegedly contacted the CBC to negotiate a transfer at a price that nicely totalled roughly the costs it would take to claim the domain name under the CIRA Domain Name Dispute Resolution Policy (CDRP).

Sixth Circuit Censures Cybersquatting

Thu, 8 Feb 2007 13:58:00 EST

"The U.S. Court of Appeals for the Sixth Circuit upheld a district court's award of summary judgment, injunctive relief and attorneys' fees in favor of Audi AG, holding that Defendant Bob D'Amato infringed and diluted the world-famous AUDI, AUDI FOUR RING LOGO, and QUATTRO marks (the 'Audi Trademarks'), along with the distinctive trade dress of Audi's automobiles, and violated the Anticybersquatting Consumer Protection Act (ACPA). Audi AG and Volkswagen of America, Inc. v. Bob D'Amato, Case No. 05-2359(6th Cir., Nov. 27, 2006) (Martin, J.)."

Beware Proper Name Abbreviations

Wed, 7 Feb 2007 10:29:00 EST

In a precedential decision, the TTAB ruled in favour of the Opposer in BARBARA'S BAKERY, INC. vs BARB'S BUNS BAKERY, INC. Besides the similarity of names, both marks had the same listed goods. On top of this, Barbara's was deemed a "strong mark" due to its renown in the health food industry. With all of this stacked up against the Opposed, Barb's Buns was deemed likely to confuse.

2007-02-06 QC Stats

Tue, 6 Feb 2007 11:12:00 EST

2007-02-06 Quality Control Stats

eBay No Longer Listing Virtual Property Auctions

Mon, 5 Feb 2007 10:55:00 EST

Due to the legal complexities of ownership when it comes to virtual property, eBay has publicly stated that it will officially no longer list auctions for the sale of virtual property in most cases: "The seller must be the owner of the underlying intellectual property, or authorized to distribute it by the intellectual property owner."

2007-01-30 QC Stats

Tue, 30 Jan 2007 13:34:00 EST

2007-01-30 Quality Control Stats

Novel Idea: Trade Dress Protection For Websites

Fri, 26 Jan 2007 17:15:00 EST

It's interesting that such protection hasn't been sought for before now. It isn't hard to see why some internet businesses would consider their website their "total image and overall appearance." Furthermore, since websites are composed of "features such as size, shape, color or color combinations, texture, graphics, or even particular sales techniques" it's not unreasonable, if unprecedented, that a website could potentially be considered a trade dress. In Blue Nile, Inc. v., Inc., No. 06-1002RSL, 2007 WL 172613 (W.D. Wash.), just such a case was settled.

Canadian IP: 2006 in Review

Fri, 26 Jan 2007 12:04:00 EST

A big thanks to Fasken Martineau's Intellectual Property Group for this round-up of the biggest decisions and changes of 2006 in Canadian Intellectual Property Law.

Door Hardware and Toilets Related

Fri, 26 Jan 2007 11:58:00 EST

In Kohler Co. v. Baldwin Hardware Corp., the TTAB found that with the identical use of DEVONSHIRE by Baldwin Hardware for "metal door hardware, namely, locks, latches and knobs," was likely to confuse with Kohler's previously used DEVONSHIRE in association with toilets.

Amendments to Trademark Regulations Proposed

Fri, 26 Jan 2007 11:22:00 EST

In the December 23rd, 2006 issue of Canada Gazette, Part I, amendments to the trademarks regulations were pre-published to allow interested parties to review the changes and provide their imput. Unfortunately, if you're reading this now, the deadline to submit your imput was January 22nd, 2007.

From Fraud to Flavor, Top Ten of 2006

Fri, 26 Jan 2007 10:28:00 EST

With over 500 final decisions being issued in 2006, 57 of which are cited as precedential, John L. Welch of the TTABlog gives us what he believes are the top ten decisions of 2006 according to importance and just plain interest.

2007-01-23 QC Stats

Tue, 23 Jan 2007 11:15:00 EST

2007-01-23 Quality Control Stats

2007-01-16 QC Stats

Tue, 16 Jan 2007 9:19:00 EST

2007-01-16 Quality Control Stats

Ad Keywords and Metatags: Not Likely to Confuse

Thu, 11 Jan 2007 11:30:00 EST

Does using a keyword ad constitute a trademark use in commerce? That depends on who you ask. In a (small but significant) step closer to resolving this issue, the defendant in J.G. Wentworth SSC Ltd. v. Settlement Funding LLC, No. 06-0597 (E.D. Pa. January 4th, 2007) got the win with a summary judgement on the likelihood of consumer confusion--something that, as far as I know, hasn't happened before. Specifically, the court holds: "Even accepting plaintiff's allegations as true - i.e., assuming that defendant did in fact use plaintiff's marks through Google's AdWords program or in the keyword meta tags for its website - as a matter of law defendant's actions do not result in any actionable likelihood of confusion under the Lanham Act."

Trademark Abuse in Search Engine Optimization

Thu, 11 Jan 2007 11:30:00 EST

Search Engine Optimization in the process by which a company will shape their website's content, often in the form of invisble content, to help their site get higher rankings in search engines. Most of the time, this process is done with good intents. However, this can also lead to a company's competition invisibly using that company's brands to misdirect search engine traffic. Is this Trademark infringement? Michelle C. Burke and James Griffith of McDermott Will & Emery investigate.

With Shared Trademarks, Beware Evolving Technology

Thu, 11 Jan 2007 11:30:00 EST

Davies Ward Phillips & Vineberg brings us a warning about evolving technology when a shared trademark is concerned. In Apple Corps (TM) v. Apple Computer (TM), Apple Corps claimed that Apple Computer was infringing on their mark by entering into the field of music content with their successful iTunes content delivery system.

2007-01-09 QC Stats

Tue, 9 Jan 2007 10:10:00 EST

2007-01-09 Quality Control Stats

Extraterritorial Application of Trademark Laws

Sat, 10 Jun 2006 12:06:00 EST

'Remote trademark owners who peacefully coexisted in a time before the internet and increasing globalism are now bumping heads. The internet also has made it easier for unscrupulous operators to deceive consumers and divert customers from established businesses by misappropriating trademarks on websites and in domain names.' If these companies or website owners are established in a country other than your own, what steps are available, and what progress has been made recently in allowing new kinds of measures to combat extraterritorial trademark infringement? Rami S. Yanni and Robert Zelnick of McDermott Will and Emery investigate.

CDNameSearch News

Thu, 4 Jan 2007 11:15:00 EST

New Software Release 8.5.4 build 64

2007-01-03 QC Stats

Thu, 4 Jan 2007 11:12:00 EST

2007-01-03 Quality Control Stats

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