Week´s news headlines – jun. 10th 2016

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To unsuspecting customers at Bad Owl Coffee in Henderson, the sign identifying Platform 9 6/8 must seem pretty random. But fans of a certain boy wizard—and perhaps regulars dating back to Bad Owl’s start—might give it a double-take, since it once read Platform 9 3/4, the hidden train stop accessible only to Harry Potter and his fellow Hogwarts School students.

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New US-Cuba ties fuel bitter Havana Club rum trademark fight

Bacardi, Pernod Ricard’s 20-year trademark fight comes to fever pitch

Read more at: http://www.denverpost.



Luxottica sues BCBG Max Azria over Wayfarer sunglasses trademark

Luxottica Group Spa (LUX.MI), the maker of Ray-Ban sunglasses, has sued BCBG Max Azria Group LLC, accusing the fashion house of knowingly infringing its famous Wayfarer trademark.

The complaint, filed on Wednesday with the U.S. District Court in Los Angeles, said BCBG Max Azria’s unauthorized sale of infringing eyewear was intended to confuse consumers, hurting Milan-based Luxottica’s reputation and goodwill.

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Digital Trademark and Design Patent Infringement

Guest post by Lucas S. Osborn, Associate Professor of Law at Campbell University School of Law. He will be visiting at Denver University School of Law for 2016-17.

Digital technology continues its collision with intellectual property law, this time in BMW’s lawsuit against the online virtual modeling company TurboSquid. TurboSquid sells digital 3D models of various items for use by game developers, architects, visual effects studios, etc.

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European Trade Mark Reform: All Change From 23 March 2016

On Wednesday, 23 March 2016, the new EU Trade Mark Regulation came into force as part of the EU trade mark reform package.

Community trade marks became EU trade marks (EUTMs) and OHIM became the EU Intellectual Property Office (EUIPO). Member States have, in general, until 14 January 2019 to transpose the provisions of the new EU Trade Mark Directive into their national laws.

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Lord of the Rings: The Olympic Committee’s Trademark Protection

Every year countless stories arise of individuals, churches, and small businesses, receiving cease and desist letters from the NFL or NCAA for unauthorized use and reference to their respective SUPER BOWL, MARCH MADNESS, and other trademarks.  The success of these enforcement letters comes from a mixture of the organizations’ trademark rights under the Lanham Act and the fear that these financially well-endowed organizations could sue. The International Olympic Committee (“IOC”), and its national governing bodies, like the USOC (collectively the “Olympic Committee”), also aggressively enforce their rights in their Olympic trademarks, slogans, and symbols (the “Olympic properties”).  The Olympic Committee not only employs the traditional methods of other sport organizations, but has several additional weapons that provide a true monopoly on the Olympic properties; thus, significantly increase its success.

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Ed Sheeran accused of song theft in copyright lawsuit

Two California songwriters sued pop star Ed Sheeran on Wednesday, contending he ripped off their song and used it as the basis for his international hit Photograph.

The lawsuit from Martin Harrington and Tom Leonard was filed in federal court in Los Angeles. The songwriters are represented by Nashville attorney Richard Busch from the firm King and Ballow. Busch was victorious in the copyright lawsuit that pitted Marvin Gaye’s heirs against pop stars Robin Thicke and Pharrell Williams over their song Blurred Lines.

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EU court curbs public copyright compensation

Public budgets cannot be used to compensate copyright owners for private copies, the EU Court of Justice (ECJ) ruled on Thursday (9 June).

The Luxembourg-based judges said that a 2001 EU directive on copyrights precludes schemes by which copyrights owners get a so-called fair compensation when private people use works “for private use and for non-commercial ends”, if the compensation is taken out of the state budget.

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Has Copyright Enforcement Gone Too Far?

At a time when photographers and other creators are battling online infringement of their work, and lobbying for legislation that would make copyright enforcement easier, there is another school of thought that advocates for the easing of copyright protections. For example, the Electronic Frontier Foundation (EFF) and Center for Internet Society (CIS) at Stanford University argue that copyright law is stifling creative expression in the digital world, and should be reformed. (The following essay is an edited remix of two documents authored by EFF and CIS. The full documents can be found on their websites here and here.) –

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Three Thousand Purple Patents

Yahoo says its new subsidiary, built to auction off its IP, isn’t a fire sale. But what if a troll gets all that valuable property?

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Patent office issues guidelines for startups

NEW DELHI: Indian Patent Office has issued guidelines for facilitators and startups with respect to filling and processing of applications for patent, designs and trade marks aiming to encourage budding entrepreneurs and boost innovation.

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Let’s Rummage Through Yahoo’s Patent Sale

Yahoo, the multinational technology company that ruthlessly killed Katie Couric, is not having a good year. Its approach to being a corporation is something like “throw everything at the wall and see what sticks,” except it throws only stink bombs at the wall, and the wall is made of farts. CEO Marissa Mayer is likely on her way out, and now it looks like the company is preparing to sell nearly 3,000 patents in a quickie firesale. Yahoo recently transferred many of these patents to a subsidiary called Excalibur IP LLC. That transfer is “seen as a step toward a patent sale,” according to The Wall Street Journal.

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Patent trolls rear their ugly heads in courtrooms around the world

When the known “patent troll” company Lodsys sued Todd Moore over a hyperlink in the app his three-person start-up had created, the US-based software developer thought it had to be a mistake.

Like many other small business owners accused of patent infringement, Mr Moore was soon immersed in a frustrating fight. But instead of simply paying the several thousand dollars Lodsys asked for, he found a pro bono lawyer to take on the lawsuit.

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Firm will sell Sports Authority’s naming rights, other intellectual property

A company that specializes in selling the intellectual property of defunct companies says it has been hired to market Mile High Stadium naming rights and other assets of bankrupt Sports Authority.

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PayPal Files Patent for Bitcoin Payment Device

The international payments processor PayPal has filed a patent application with the United States Patent and Trademark Office (USPTO) for a payment device that will be able to process cryptocurrencies including Bitcoin, Litecoin, and Dogecoin.

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Congress Strengthens Trade-related Intellectual Property Protection

On February 24, 2016, President Obama signed the “Trade Facilitation and Trade Enforcement Act of 2015” (FCFE Act) into law. The act is an important milestone for American trade. Its provisions reflect congressional intention to strengthen and protect domestic workers and businesses. The act improves the ability of U.S. agencies to enforce customs, trade laws, and regulations. The law covers a wide range of trade topics including intellectual property rights; predatory pricing; currency manipulation; policy goals for immigration and climate change; and human rights issues.

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