Patent, Trademark & Copyright Journal® Index-Summary

EDUCATION

ELECTRONIC COMMERCE

– Ed. Note: This heading covers electronic sales of goods and services and their regulation. All other references to the web or the internet are found at INTERNET.
– Advertising

– – “Advertising.com,” AOL mark not protectable (9th Cir.), 80:484
– – “Ansel Adams Lost Negatives,” venue based on website accessible to forum residents (N.D. Cal.), 81:178
– – Google AdSense for Domains program, cybersquatting liability (N.D. Ill.), 80:242
– – Google AdWords system

– – – French court ruling of no trademark infringement, 81:153
– – – Rosetta Stone suit for trademark infringement (E.D. Va.), 80:512; unjust enrichment claim dismissed, 80:514; amicus briefs filed, 81:213

– – Keyword advertising

– – – Invisible use of marks noninfringing (D. Utah), 81:253
– – – Trademark owner's right to bar use in (E.C.J.), 80:357
– – – Unclean hands defense to trademark infringement liability (D. Utah), 81:254

– – Law firm's copyright infringement suit over rival firm's website (9th Cir.), 80:205

– Advertising injury, Hyundai sued for infringing patented advertising method, insurer had duty to defend, BNA Insights, 80:35
– Anti-Counterfeiting Trade Agreement, exclusion of trademark violations concerns EU, 80:836
– “App Store,” Apple mark opposed by Microsoft (T.T.A.B.), 81:343
– Billing system for Qwest telephone services, infringing “use” of patent by customer (Fed. Cir.), 81:371
– Counterfeit goods sold on eBay

See COUNTERFEITING

– DMCA misrepresentation liability, copyright infringement notices sent to eBay (E.D. Cal.), 81:90; takedown notices barred by preliminary injunction, 81:293
– First sale doctrine

– – Music, sale of promotional CDs on eBay, copyright infringement (9th Cir.), 81:309
– – Used software sold on eBay, copyright infringement (9th Cir.), 80:631

– Gift conversion system patent granted to Amazon, 81:299
– Jimi Hendrix marks infringed by fan website operator (W.D. Wash.), 80:208
– Money transfers, Western Union patent invalid for obviousness (Fed. Cir.), 81:173
– Motor vehicles, equipment parts sales, Hyundai sued for infringing method patent (Fed. Cir.), 80:94

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and internet sources, see back page of each issue.

ENERGY

– Clean energy, China needs to address concerns of foreign firms, says Commerce secretary, 80:129
– Flying electric generator patent, contract settlement does not preclude validity challenge (Fed. Cir.), 80:656
– Oil and gas

See OIL AND GAS

– Power generation patentee liable for malicious prosecution of infringement suit (11th Cir.), 80:268; (U.S., rev sought), 81:109; (rev den), 81:315

ENVIRONMENT

– Clean energy, China needs to address concerns of foreign firms, says Commerce secretary, 80:129
– “Clothing Facts” mark not registrable for environmentally friendly clothes (T.T.A.B.), 80:241
– Green Technology Pilot Program, PTO expands eligibility, 80:127; program extended, 81:79
– Recycling network marks, naked licensing defense to alleged infringement (9th Cir.), 81:142

EVIDENCE

– Consumer surveys

– – Dilution, famousness of mark, BNA Insights, 80:402
– – False advertising suits, BNA Insights, 80:398

– Discovery

See DISCOVERY

– Expert witnesses

– – Attorney malpractice, conclusory statements on patentability fail to show harm to client from lawyer's breach of duty (U.S., rev sought), 80:212; (rev den), 80:751
– – Software infringement suit, testimony barred (6th Cir.), 80:157

– Intrinsic evidence, professor discusses role, 80:690
– Patent applications, proof withheld during examination, admissibility to support §145 civil action challenging rejection of application (Fed. Cir., briefs filed), 80:191; (oral arg), 80:328; new evidence not subject to heightened admissibility standard, 81:50; lawyers assess decision, 81:84
– Standard of proof

– – Invalidity of software patent, Microsoft challenge to clear and convincing standard (U.S., rev sought), 80:660; amicus briefs filed, 80:754; (rev grant), 81:137; presumption of validity could be weakened, group warns, 81:280
– – Patent obviousness (U.S., rev sought), 81:28

EXPORTS

See FOREIGN TRADE