Copyright
Warner Bros tangled up in $900m ‘The Conjuring’ copyright claim
Gerald Brittle, the author of a book on paranormal investigators, has taken a shot at Warner Bros in a copyright infringement claim focusing on film franchise “The Conjuring”.
http://www.worldipreview.com/news/warner-bros-tangled-up-in-900m-the-conjuring-copyright-claim-13751
Producers of ‘The Big Bang Theory’ win dismissal of copyright suit over ‘Soft Kitty’ lyrics
On March 27th, a memorandum and order entered into the U.S. District Court for the Southern District of New York (S.D.N.Y.) which dismissed a lawsuit alleging that the producers of the television sitcom The Big Bang Theory had infringed on the copyright of a nursery rhyme writer. The order was granted by the judge after it was determined that the plaintiffs could not prove that the writer maintained their copyright to the song.
http://www.ipwatchdog.com/2017/04/06/producers-the-big-bang-theory-win-dismissal-copyright-suit-soft-kitty-lyrics/id=81847/
Trademarks
Puma claws at Forever 21 in IP suit
Sportswear company Puma has accused retailer Forever 21 of infringing its design patents, trade dress and copyright.
http://www.worldipreview.com/news/puma-claws-at-forever-21-in-ip-suit-13753
Trump signs executive order on trade and counterfeits
Trump signed the order on “establishing the enhanced collection and enforcement of antidumping and countervailing duties, and violations of trade and customs laws”, on Friday, March 31.
http://www.worldipreview.com/news/trump-signs-executive-order-on-trade-and-counterfeits-13758
Kylie Jenner takes on ‘Kylee’ TM, suspends own appeal
Jenner opposed the trademark ‘Kylee’, which was filed by Mimo Clothing back in 2011.
http://www.worldipreview.com/news/kylie-jenner-takes-on-kylee-tm-suspends-own-appeal-13755
International report – CLINIQUE: reputation alone may not cure trademark’s inherent weakness
In a recently published decision (Civil Division, Section I, December 7 2016, no 25168) the Court of Cassation held that although the trademark CLINIQUE was well known in the European Union, its reputation was insufficient to overcome the weakness of the trademark and its inherent lack of distinctiveness.
http://www.iam-media.com/reports/Detail.aspx?g=c63c5d76-b0ab-4bb4-b3ac-590e64027d3b
Dr Pepper sues Mexican business for trade dress infringement
Dr Pepper filed its suit against Bebidas Purificadas de Tehuacan and its distributor Centauro Distribution at the US District Court for the Northern District of Texas, Dallas Division on Friday, March 31.
http://www.worldipreview.com/news/dr-pepper-sues-mexican-business-for-trade-dress-infringement-13760
International report – CLINIQUE: reputation alone may not cure trademark’s inherent weakness
In a recently published decision (Civil Division, Section I, December 7 2016, no 25168) the Court of Cassation held that although the trademark CLINIQUE was well known in the European Union, its reputation was insufficient to overcome the weakness of the trademark and its inherent lack of distinctiveness.
http://www.iam-media.com/reports/Detail.aspx?g=c63c5d76-b0ab-4bb4-b3ac-590e64027d3b
US Olympic Committee TM ‘bullying’ suit thrown out
A court has thrown out a lawsuit brought against the US Olympic Committee (USOC) by a Minnesota-based carpet cleaning business over the committee’s “bullying” tactics surrounding Olympic-themed hashtags.
http://www.worldipreview.com/news/us-olympic-committee-tm-bullying-suit-thrown-out-13769
Patents
A Changing Patent Landscape: U.S. no longer the most patent friendly jurisdiction in the world
The United States was once again the top ranked country for intellectual property protection in the U.S. Chamber of Commerce’s annual Global IP Index for 2017, but the rankings were closer than ever. Indeed, in 2017 the U.S., UK, Japan, and European Union (EU) economies ranked more closely together than ever before, which was no doubt in significant part due to the fact that the United States tumbled to 10th overall on the issue of patents.
http://www.ipwatchdog.com/2017/04/02/changing-patent-landscape-u-s-no-longer-most-patent-friendly/id=81629/
Patent Application Drafting: Using the Specification for more than the ordinary plain meaning
You may have heard that it is inappropriate to read into a patent claim from the specification. That isn’t entirely accurate, although you will hear that popular misconception often repeated even by some patent professionals. At best the statement is only half correct.
http://www.ipwatchdog.com/2017/04/01/patent-application-drafting-specification-ordinary-plain-meaning/id=74047/
IV pulls back from patent acquisition market to focus on monetising existing portfolio through sale and licence
Intellectual Ventures is winding down the buying period for its third fund, effectively taking the licensing giant off the market for patent acquisitions. The move, which was announced internally today, will see the NPE focus on monetising its existing assets either through its own assertion programmes or via sales. It will also continue to work on the invention side of the business and the creation of spin out companies based around IV inventions.
http://www.iam-media.com/blog/Detail.aspx?g=920464d2-9022-4b28-8bbd-f5e835bbf3b1
Federal Circuit OKs PTAB invalidating patent claims prior litigation confirmed as valid
Earlier today the United States Court of Appeals for the Federal Circuit issued an opinion in Novartis AG v. Noven Pharmaceuticals, Inc., which affirmed the Patent Trial and Appeal Board (PTAB) invalidation of claims in related inter partes review (IPR) proceedings. The IPRs related to U.S. Patent No. 6,316,023 and U.S. Patent No. 6,335,031.
http://www.ipwatchdog.com/2017/04/04/federal-circuit-oks-ptab-invalidating-patent-claims-prior-litigation-confirmed-as-valid/id=81796/
Royalty-free Android licence launches in aid of ‘patent peace’
The agreement, called Pax, allows members to grant each other royalty-free patent licences. Google and eight other companies, including Samsung and LG, have helped to launch the programme.
http://www.worldipreview.com/news/royalty-free-android-licence-launches-in-aid-of-patent-peace-13765
Makers of TRX exercise equipment win $6.8 million patent verdict, prove willful infringement
In late March, media reports surfaced indicating that San Francisco, CA-based Fitness Anywhere LLC, the makers of TRX fitness and training equipment, was awarded more than $6.8 million in damages after a jury verdict finding willful patent infringement by San Carlos, CA-based Woss Enterprises LLC. The lawsuit surrounded allegations that Woss infringed upon patents covering Fitness Anywhere’s suspension trainer equipment. The jury verdict included a finding of willful infringement of patents asserted in the case. The case was tried and decided in the U.S. District Court for the Northern District of California (N.D. Cal.).
http://www.ipwatchdog.com/2017/04/06/makers-trx-exercise-equipment-win-6-8-million-patent-verdict-willful-infringement/id=81674/
‘Trolls’ account for 20% of German patent suits, says advocacy group
IP2Innovate, formed last year, alleged that that EU is facing an “explosion” of patent infringement suits from patent trolls that are abusing Europe’s legal system for financial gain.
http://www.worldipreview.com/news/trolls-account-for-20-of-german-patent-suits-says-advocacy-group-13768
Federal Circuit blocks Chinese graduate from patent agent job
A Chinese graduate with a US student visa cannot register as a patent agent at the US Patent and Trademark Office (USPTO), according to a ruling from the US Court of Appeals for the Federal Circuit.
http://www.worldipreview.com/news/federal-circuit-blocks-chinese-graduate-from-patent-agent-job-13771
The market reacts to IV’s decision to end its patent acquisitions programme – the right decision at the right time
There are few clearer examples of how much the monetisation landscape has changed in the US than the news earlier this week that Intellectual Ventures is to wind down its acquisitions programme. The move effectively takes one of the largest buyers of patents over the last two decades — one that has swept up tens of thousands of assets — out of the market.
http://www.iam-media.com/blog/Detail.aspx?g=b967559f-5f6d-4001-90b1-bd193beff2fd
Intellectual Property
WTO and WIPO deliver advanced training on intellectual property for policymakers
An Advanced Course on Intellectual Property for Government Officials, jointly organized by the WTO and the World Intellectual Property Organization (WIPO), was held at the WTO from 20 to 31 March 2017. The aim of the course was to enhance the capacity of governments in developing countries to develop national expertise in intellectual property (IP) matters.
https://www.wto.org/english/news_e/news17_e/trip_31mar17_e.htm
Counterfeiting
Coach cleared in defamation suit with alleged counterfeiter
Brenda Buschle, the owner of Designer Handbags Rescue, filed her claim at the US District Court for the Southern District of Ohio in April last year, alleging that Coach had defamed her by naming her in a “baseless” suit.
http://www.worldipreview.com/news/coach-cleared-in-defamation-suit-with-alleged-counterfeiter-13763
