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Week’s news headlines – oct. 31st 2014

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URSB to demystify Intellectual Property in Uganda

The government will over the coming months work to demystify the mystery surrounding intellectual property in Uganda according to a top official from the Uganda Registration Services Bureau (URSB).

Saiba mais em: http://www.independent.co.ug/news/news/9457-ursb-to

 

 

More Change to Canada’s Intellectual Property Laws on the Way

On October 23, 2014, as part of the fall budget bill, the federal Government quietly tabled the second in a series of substantial reform packages to Canada’s existing intellectual property regime. Following the introduction of new trademark laws earlier this year, a similar update of Canada’s industrial design and patent laws will take effect when the bill is passed.

Saiba mais em: http://www.jdsupra.com/legalnews/more-change

 

 

No Injunction in Cutting Edge Trademark Dispute Between Fertilizer, Seed Companies

Cutting Edge Solutions LLC was unable to demonstrate that it had any protectable trademark interest in the “Cutting Edge Solutions” mark, let alone that it was entitled to a preliminary injunction against another company’s use of the “Cutting Edge” mark, the U.S. District Court for the Northern District of California ruled Oct. 20.

Saiba mais em: http://www.bna.com/no-injunction-cutting-n17179910749/

 

 

Pizzeria asks judge to find rival’s flavor to be trademark-infringing

New York Pizzeria claimed that Gina’s Italian Kitchen — founded by an ousted exec — violated its trademark by creating a pizza that tasted the same as its own pie. The judge wasn’t buying it.

Saiba mais em: http://boingboing.net/2014/10/30/pizzeria-asks-judge-to-find-ri.html

 

 

Trademark suit filed against Hotel California in Austintown

The owner of an Austintown hotel and lounge is denying trademark infringement allegations filed one week before an open house is scheduled to show off the venue.

A hearing is scheduled in U.S. District Court in Youngstown on Wednesday that seeks to stop Sebastian Rucci from using the name Hotel California for a business at Route 46 and Interstate 80.

Saiba mais em: http://www.wfmj.com/story/27024945/trademark-suit-filed-against

 

 

China Copyrights: The Basics

Every so often we get emails from people asking us to direct them to one of our posts on China copyright law and every so often I respond by saying that we will be doing such a post and then I will let them know. This has gone on for years.

Saiba mais em: http://www.chinalawblog.com/2014/10/china-

 

 

Sérgio Marques não compreende as queixas de concorrência desleal do ferry

“Se o transporte de ferro é tão irrelevante, porque é que houve tanta queixa em relação à concorrência desleal”, perguntou Sérgio Marques , no debate sobre transportes marítimos. Uma pergunta em resposta a Duarte Rodrigues que minimizou o peso do operador ARMAS.

Saiba mais em: http://www.dnoticias.pt/actualidade/economia/478246-sergio

 

 

Competitors allege unfair competition and false advertising

As we noted in last week’s article Uber’s success and growing popularity worldwide has generated both acceptance and encouragement in some countries and States and fierce opposition from the long established taxi industry. Last week we examined several class action lawsuits brought by drivers [O’Connor v. Uber (California)] and customers [Ehret v. Uber (California)] challenging Uber’s alleged misrepresentation that it’s mandatory “gratuity” was for its drivers when, in fact, Uber kept a portion of the “gratuity” for itself.

Saiba mais em: http://www.eturbonews.com/52001/uber-lawsuits-competitors

 

 

More Change to Canada’s Intellectual Property Laws on the Way

On October 23, 2014, as part of the fall budget bill, the federal Government quietly tabled the second in a series of substantial reform packages to Canada’s existing intellectual property regime. Following the introduction of new trademark laws earlier this year, a similar update of Canada’s industrial design and patent laws will take effect when the bill is passed.

Saiba mais em: http://www.dickinson-wright.com/news-alerts/change

 

 

The Marvel of intellectual property rights: how Jack Kirby will be remembered for his contributions to the Marvel universe

This year, the heirs of comic book legend Jack Kirby have done what the heirs of Siegel and Schuster could not, by reaching a settlement agreement with Disney and Marvel Comics. [2]  While the terms of the agreement remain confidential, a joint statement from both parties acknowledged that Kirby would be honoured as having played a significant role in Marvel’s history.

Saiba mais em: http://www.lexology.com/library/detail.aspx?g=a016d137

 

 

Beer Trademarks: Does a brew by any other name taste as good?

Trademarks and beer have been historically intertwined since 1876 when Burton upon Trent-based Bass Brewery [in business since 1777] registered the now iconic Bass Red Triangle for Bass Pale Ale as the first worldwide trademark under the United Kingdom’s Trade Mark Registration Act of 1875. The Bass Red Diamond for their strong ale became the second registered trademark.

Saiba mais em: http://www.nuvo.net/FoodDrinkBlog/archives/2014/10/30

 

 

China: The Role Of Trademark Opposition In The Protection Of Brands In China In Light Of The New Trademark Law

Trademarks are the legal embodiment of brands. They are a company asset and important business vehicle in today’s global market. There is no company today who is not aware of the importance of investing resources to build up brand value and to protect it.

Saiba mais em: http://www.mondaq.com/x/350820/Trademark/The+Role+Of+Trademark

 

 

Judge Nixes Playwright’s Bid to Free ‘Zorro’ From Intellectual Property Grip

What’s the difference between masked vigilante Zorro and detective Sherlock Holmes? Answer: Tyranny and diligence.

In May 2013, Robert Cabell brought a lawsuit that aimed to free Zorro from the grip of intellectual property. The plaintiff had authored a work entitled “Z — The Musical of Zorro” and after striking a deal to mount a production in Germany, reported being on the receiving end of threats by Zorro Productions Inc (ZPI).

Saiba mais em: http://www.hollywoodreporter.com/thr-esq/judge-nixes

 

 

Dear Patent Troll: Drop Dead

In 2012, Mr. Rust bought five patents from an inventor named Laurence Klein for exactly $1. He then set up 101 separate limited liability companies (LLCs), each with bizarre six letter names like IsaMai, BriPol, and HarNol. No one but Mr. Rust knows what those acronyms mean. But thousands of Mom and Pop small businesses — 16,465 to be exact — soon found out that they translate as “trouble.” Each of these businesses received a “demand letter” from one of Rust’s shell companies accusing them of patent infringement and demanding roughly $1,000 per employee if they wanted to avoid a minimum six-figure (and possibly seven-figure) lawsuit in U.S. federal court.

Saiba mais em: http://www.ipwatchdog.com/2014/10/29/dear-patent

 

 

How will the new Intellectual Property Act affect your business?

The Act aims to modernise Intellectual Property (IP) law to help UK businesses protect their IP rights in the UK and abroad in order to improve economic growth.

The changes come following an independent review carried out by Professor Ian Hargreaves of Cardiff University, who has put forward ten recommendations to help remove restrictive IP and copyright laws. All measures in the act are expected to be fully implemented by late 2015.

Saiba mais em: http://www.walesonline.co.uk/business/business-news

 

 

LUCASFILM DISPUTES TRADEMARK FOR EMPIRE STRIKES BOCK BEER

Lucasfilm has filed a trademark dispute with a small brewery in Syracuse, New York.

Empire Brewing Co., named after New York’s Empire State Building, recently applied for a trademark for its signature lager, Strikes Bock, according to Syracuse.com. The Star Wars producer contends Empire’s beer infringes on Lucasfilm trademarks and could be used to deceive consumers or cause brand confusion.

Saiba mais em: http://www.ign.com/articles/2014/10/25/lucasfilm-dispute

 

 

 

These Trade Secrets Are Going, Going, Gone

Ah, October: the time of crisp fall air, brightly colored leaves, and pumpkin spice-flavored everything. And, of course, the World Series quest that can unite a city—or, in the case of Orrick’s San Francisco and Washington, D.C. offices, give rise to a friendly wager (sorry, D.C.!). In honor of the baseball playoffs, we take a look at some trade secret issues related to our national pastime.

Saiba mais em: http://blogs.orrick.com/trade-secrets-watch/2014/10/21

 

 

Iowa records are not trade secrets

Gov. Terry Branstad’s administration should be forced to immediately release dozens of documents that have been wrongly classified as having trade secrets, a motion filed Friday in Polk County District Court argues.

Saiba mais em: http://www.desmoinesregister.com/story/news/politics

 

 

Plaza Motor accuses ex-employee of stealing trade secrets

Asbury Automotive St. Louis, which does business as Plaza Motor Co., alleges that Catlin downloaded “confidential customer information and customer lists,” then accepted a job at competitor Travers Automotive Group. Both operate in the “fierce and ultra-competitive St. Louis market for high-end luxury vehicles,” according to the lawsuit.

Saiba mais em: http://www.bizjournals.com/stlouis/news/2014/10/24

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