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|Recent .ca Domain Name Decision Accepts Broad Interpretation of What Constitutes a Brand Owner’s Prior Trade-Mark “rights” in Canada|
Daniel M. Anthony; Smart & Biggar/Fetherstonhaugh;
April 17, 2014, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law update on April 16, 2014The recent decision of Guitar Center Inc v Robert Piperni (“Guitar Center”), CIRA Decision No. 0254, confirms that a broad definition of “rights” should apply to brand owners seeking to prove prior trade-mark rights in Canada. This definition includes a trade-mark reputation...
|Recent FTC Findings Signal Closer Eye on Social Media Contests|
Michael D. Adams, Christopher C. Mackey; Mayer Brown LLP;
April 16, 2014, previously published on April 15, 2014In closing a recent investigation, the US Federal Trade Commission (FTC) announced for the first time that an individual’s participation in a social media contest may constitute a product endorsement under FTC regulations. Consequently, companies that use social media contests to advertise...
|Patent Reform Legislation Stalls in Senate|
McDonald Hopkins LLC;
April 16, 2014, previously published on April 11, 2014This week, the Senate Judiciary Committee announced it would delay its planned consideration of a patent-litigation bill —the third such delay in two weeks.
|Federal Circuit Find Fractures in Roche Boniva Patents|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
April 16, 2014, previously published on April 14, 2014In Hoffman-LaRoche, Inc. v. Apotex, Inc., the Federal Circuit affirmed the district court’s summary judgment that two Roche Boniva patents are invalid as obvious. The conclusion of obviousness is not particularly remarkable based on the Federal Circuit s recounting of the prior art, but the...
|US Patent and Trademark Office To Host Roundtable on “Crowdsourcing” Prior Art Searches|
Raymond R. Ricordati; Husch Blackwell LLP;
April 16, 2014, previously published on April 9, 2014Tomorrow, April 10, 2014, the US Patent and Trademark Office is hosting a roundtable event seeking comments from the public regarding the use of “crowdsourcing” and third-party submissions to identify relevant prior art. The intent of this public outreach is to enhance the quality of...
|The Complexities of the USPTO Proposed Attributable Ownership Rules|
Simon J. Elliott; Foley & Lardner LLP;
April 16, 2014, previously published on April 11, 2014The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. As discussed in this article, the proposed definition of “attributable owner” reaches far beyond title holder (assignee), and...
|ITC Finds Violation Of Consent Order And Issues Civil Penalty In Certain Dimmable Compact Fluorescent Lamps (337-TA-830)|
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
April 15, 2014, previously published on April 11, 2014On April 10, 2014, the International Trade Commission (the “Commission”) issued a notice in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same (Inv. No. 337-TA-830). In the notice, the Commission determined to affirm-in-part and reverse-in-part the Enforcement...
|ITC Decides To Review In Part Final Initial Determination In Certain Compact Fluorescent Reflector Lamps (337-TA-872)|
Christopher Ricciuti, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
April 15, 2014, previously published on April 10, 2014On April 8, 2014, the International Trade Commission (“the Commission”) issued a notice in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872). In the notice, the Commission determined to review, in part, ALJ David P....
|Applicant is not a Broadcasting Undertaking; thus held Not to have Previous Use in Broadcasting Services|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
April 15, 2014, previously published on April 9, 2014In this case, Unicast brought an application pursuant to s. 57 of the Trade-marks Act requesting expungement of the trade-mark “RED FM” from the Register. The Court dismissed the application.
|ALJ Lord Denies Third Party Motion To Quash Or Limit Subpoena In Certain Optical Disc Drives (337-TA-897)|
Katherine Cappaert, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
April 15, 2014, previously published on April 9, 2014On March 27, 2014, ALJ Dee Lord issued Order No. 44 denying third party Flashpoint Technologies Inc.’s Motion to Quash or Limit Subpoena in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897).