Patent, Trademark & Copyright Journal® Index-Summary

FAIR USE

– Archbishop's website posting of monastery's copyrighted translation of religious work not protected use (D. Mass.), 81:179
– “Hope” poster based on photo of President Obama (S.D.N.Y.), 81:347
– Jimi Hendrix marks, website operator's use not protected (W.D. Wash.), 80:208
– “Lexus” mark used in auto brokerage service domain name (9th Cir.), 80:336
– News article copying

– – Bloggers and online publishers, infringement suits against, 80:763
– – Litigation tactics, groups express concern, 80:811
– – Real estate agent posting of article on blog (D. Nev.), 80:842

– Sarah Palin book, unauthorized pre-publication posting of excerpts by Gawker.com (S.D.N.Y.), 81:109
– United Kingdom considering adoption of provisions, 81:64

FALSE ADVERTISING

– Consumer survey evidence, BNA Insights, 80:398
– Counterfeit Tiffany jewelry sold on eBay, BNA Insights, 80:67
– Generic drug maker's labeling of nutritional supplement (S.D.N.Y.), 81:221
– Hair care products, “salon-only” availability (S.D.N.Y.), 81:348
– Malicious prosecution of claims on behalf of Princess Diana's estate (Cal. Ct. App.), 80:59
– Technological advances will result in growing number of claims, BNA webinar, 80:612
– Wood preservative, press releases attacking quality literally false (11th Cir.), 80:507

FALSE DESIGNATION OF ORIGIN

– Event planning website, data scraping by competitor, reverse passing off claim upheld (E.D. Va.), 80:734

FEDERAL PREEMPTION

See PREEMPTION

FEES

– Attorneys

See ATTORNEYS' FEES

– Cancellation proceedings, motion for leave to amend petition (Fed. Cir.), 80:96
– Music copyright royalties, late payment fees (D.C. Cir.), 80:293
– PTO

See PATENT AND TRADEMARK OFFICE (PTO)

FILE SHARING

– Damage awards, consistent statutory guidelines sought, 80:725
– EU-wide online piracy regime sought, 80:736
– Movies, The Hurt Locker, sanctions sought against lawyer who provided legal forms to copyright infringement defendants (D.D.C.), 81:145
– Music

– – Damages award against student excessive (D. Mass.), 80:330; BNA Insights, 80:662
– – Discovery of copyright infringement defendant's identity (2d Cir.), 80:17
– – French agency authorizes reporting of illegal downloaders' internet addresses, 80:237
– – Innocent infringer defense based on youth and naivety of defendant rejected (U.S., rev sought), 80:521; (brief sought), 80:738; expert comments, 80:784; (rev den, Alito dissent), 81:140
– – Kazaa system, statutory damages award of $1.5 million (D. Minn.), 81:54
– – LimeWire

– – – Music publishers sue (S.D.N.Y.), 80:264
– – – Recording firms win summary judgment on inducement of copyright infringement claim (S.D.N.Y.), 80:84

– Pirate Bay, copyright infringement convictions upheld, 81:154
– Technological developments in response to copyright enforcement, BNA Insights, 81:157
– Three strikes law against illegal downloaders takes effect in France, 80:437
– Video sharing

– – Cookware mark, visible tagging of YouTube clip supports likelihood of infringement (C.D. Cal.), 80:693
– – DMCA safe harbor protects YouTube from liability for infringing videos posted by users (S.D.N.Y.), 80:289

FINANCIAL INSTITUTIONS

See BANKING

FIRST SALE DOCTRINE

– Law professors debate liability issues, 81:47
– Motor vehicle marquee license plates using Volkswagen badges (9th Cir.), 80:54
– Music, sale of promotional CDs on eBay, copyright infringement (9th Cir.), 81:309
– Used software sale over eBay, copyright infringement (9th Cir.), 80:631
– Watch designs, doctrine inapplicable to sales in foreign jurisdictions, noninfringement summary judgment reversed (U.S., amicus brief filed), 80:721; (government brief invited), 80:751; summary of filed briefs, 81:6; (oral arg), 81:44; aff'd by equally divided court, 81:205; CRS report on decision, 81:344

FOIA

See FREEDOM OF INFORMATION

FOOD

– “Basma” design mark, cancellation proceeding barred by res judicata (T.T.A.B.), 81:296
– “Cabo Primo” Mexican food mark, fraud not shown, cancellation denied (T.T.A.B.), 80:737
– Cookbook for healthy children's meals, copyright and trademark not infringed by Jessica Seinfeld's book (2d Cir.), 80:24
– “Dentyne Pure” mark for chewing gum unlikely to cause confusion with Mentos candy mark (E.D. Ky.), 80:578
– Flavor delivery systems, “SensoryFlavors” mark not used in commerce (8th Cir.), 80:429; (U.S., rev sought), 81:232
– Geographical indications on products, EC seeks protection under ACTA, 80:635
– Inventors Hall of Fame exhibit opens, 80:243
– Meat processing, patentee letters to accused infringer's customers (N.D. Ill.), 80:166
– Pizza dough boxes, inventorship claim (D.N.H.), 81:59
– Restaurants

– – “Dan Tana's” mark not infringed, likelihood of confusion not shown (11th Cir.), 80:380; conferees discuss, 80:691
– – Decor and sign copyrights transferred in settlement (8th Cir.), 80:203

– Trade secrets, bakery executive enjoined from employment with rival firm (3d Cir.), 80:476

FOREIGN LAWS

– Anti-piracy watch list of foreign countries, congressional caucus releases, 80:86
– Australia, “Kookaburra” children's song copyright infringed by Men at Work rock band, royalties awarded (Fed. Ct. Austl.), 80:357
– Brazil

– – BRIC countries, influence on global IP discussed, 80:647
– – Expiration of drug patents

– – – Novartis leukemia drug, 81:26
– – – Viagra drug patent, 80:26

– Canada

– – Bayer drug compound patent denied, obviousness double-patenting (Can. Fed. Ct. App.), 81:27
– – Copyright Act, bill to modernize introduced, 80:210

– China

– – BRIC countries, influence on global IP discussed, 80:647
– – Collaboration on IP rights enforcement urged by U.S. ambassador, 81:91
– – Congressional Executive Commission criticizes lack of enforcement, 80:733
– – Counterfeiting and IP enforcement campaign described by Chinese official, 81:119
– – Drug availability at affordable prices, proposals offered, 80:100
– – Growth in patent and trademark applications, WIPO reports, 80:694
– – Indigenous innovation program

– – – Businesses comment on draft policy, 80:100
– – – Power shift to China is goal, report says, 80:438

– – OECD report urges centralized IP enforcement, 80:827
– – Taiwan-China IP enforcement agreement signed, 80:352; Taiwan revises IP laws, 80:612; correction, 80:661
– – Utility model patents, BNA Insights, 81:409

– Commerce Dept. seeks comment re programs to enhance IP rights abroad, 80:757
– European Patent Office

– – Machine translation of patents to be provided by Google, 81:152
– – Software patentability rulings by Enlarged Board of Appeal, 80:232; BNA webinar set, 81:318; contrasts with UK discussed, 81:375

– European Union

– – Antitrust, “patent ambush” based on setting of industry standards, EU proposed rules, 81:230
– – “Budweiser” mark, Anheuser-Busch denied registration, 80:489
– – Data reproduction equipment, copyright taxes, EU Court of Justice adviser opinion, 80:64; tax invalid (E.C.J.), 80:846
– – Digital rights management and other copyright legislation planned, 81:380
– – eBay liability for trademark violations, EU legal adviser opinion, 81:231
– – Enforcement Directive, European Commn. report on application of, 81:352
– – File sharing, EU-wide digital piracy regime sought, 80:736
– – Generic drugs, pay-for-delay patent settlements

– – – Information from firms sought by antitrust investigators, 81:351
– – – Number of settlements declined, antitrust regulator finds, 80:353

– – Genetically modified soybean patentee cannot bar imports from Argentina (E.C.J.), 80:350
– – Keyword advertising, trademark owner's right to bar use in (E.C.J.), 80:357
– – Language barrier, impact on EU-wide patent regime, 80:789; compromise proposal rejected by Spain, 81:91; Lisbon Treaty enhanced cooperation provision may be used to break deadlock, 81:152; machine translation of patents to be provided by Google, 81:152; European Commn. proposes use of enhanced cooperation provision, 81:230

– France

– – Counterfeiting

– – – Hermes bags, eBay liable for sales, 80:436
– – – Perfumes and cosmetics, eBay liable for sales, 80:655

– – File sharing, 3-strikes law, final decree published, 80:437
– – Google AdWords system did not infringe trademark, 81:153
– – Music, reporting of illegal downloaders' internet addresses authorized, 80:237

– G-20 countries, Intl. Chamber of Commerce urges greater IP enforcement, 80:266
– India

– – BRIC countries, influence on global IP discussed, 80:647
– – Drug availability at affordable prices, proposals offered, 80:611
– – IP Office warns against web-based impersonators, 81:352

– Japan

– – Hair and skin care mark, Japanese meaning attributed to Japanese term in license, judgment vacated (U.S., rev den), 80:104
– – Online copyright infringement, graduated response scheme advocated, 80:843

– Patent jurisprudence, parallels and differences discussed by conferees, 81:110
– Russia, BRIC countries, influence on global IP discussed, 80:647
– Special 301 Report

– – Developing countries pressured to adopt “TRIPS-plus” standards, activists say, 80:373
– – Industry groups support process, others question legality, 80:12
– – 2010 priority watch list issued by U.S. Trade Representative, 80:10

– Sweden, Pirate Bay file sharing website, copyright infringement convictions upheld, 81:154
– United Kingdom

– – Fair use and other copyright reforms under consideration, 81:64
– – Patentability, contrasts with European Patent Office discussed at webinar, 81:375

– World Intellectual Property Org., development agenda may undermine IP enforcement, U.S. official warns, 81:262

FOREIGN TRADE

– African trade preferences program, IIPA report on eligible countries' copyright protection schemes, 80:846
– China

– – Audiovisual works, deadline for implementation of WTO ruling, 80:387
– – Clean energy, China needs to address concerns of foreign firms, says Commerce secretary, 80:129
– – Counterfeit goods shipped into EU, China is largest source, report issued, 80:438
– – Effects of IP violations on U.S. economy, ITC investigation, 80:168; public hearing held, 80:236; safety and security concerns raised at hearing, 80:262; ITC report released, 81:231
– – Enforcement is priority for U.S., IP czar says, 80:423
– – Unfair trade practices accusations by House committee witnesses, 80:261

– Digital television decoding patents, importation of infringing products (Fed. Cir.), 80:153
– Drugs

– – Costs of drugs in developing countries, purchasing and distribution barriers cited, 80:388
– – Counterfeit drugs, seizures increased in 2009, 80:100
– – Generic drugs

– – – Developing countries, access under WTO agreement, 81:26
– – – EU seizure of alleged patent-infringing products, India and Brazil seek WTO dispute proceedings, 80:64; India and EU near resolution of dispute, 80:845

– Gray market goods

– – John Deere-trademarked harvesting machines (Fed. Cir.), 80:202
– – “Red Bull” energy drink, gray market imports barred (ITC), 80:735

– Ground fault circuit interrupter electrical outlets, patent claims construction (Fed. Cir.), 80:603; patents not infringed by imports, 80:604
– International Trade Commn. investigations of IP infringement, effect of bankruptcy automatic stay, BNA Insights, 81:194
– Patent disputes increasingly resolved by ITC, conferees discuss, 80:164
– Public interest issues, ITC seeks to improve rules, 80:765
– Semiconductors, patent-infringing goods barred by ITC (Fed. Cir.), 81:283
– Single-use cameras, importation of refurbished products, exhaustion of U.S. patent rights (Fed. Cir.), 80:196; (U.S., rev sought), 81:28; (rev den), 81:232
– Software patent infringement, personal jurisdiction over Russian and Cypriot firms (Fed. Cir.), 81:81
– Soybeans genetically modified, patentee cannot bar imports from Argentina into EU (E.C.J.), 80:350
– Transatlantic IP Rights Portal launched by Commerce Dep't and European Commn., 81:261
– U.S. Court of Intl. Trade, proposals to expand IP enforcement jurisdiction discussed by conferees, 81:118
– Watch designs, first sale doctrine inapplicable to sales in foreign jurisdictions, noninfringement summary judgment reversed (U.S., amicus brief filed), 80:721; (government brief invited), 80:751; summary of filed briefs, 81:6; (oral arg), 81:44; aff'd by equally divided court, 81:205; CRS report on decision, 81:344

FREEDOM OF INFORMATION

– Trade secret exemption inapplicable to request for aircraft designs (D.D.C.), 81:377

FREEDOM OF SPEECH

– Foreign works copyright restoration under URAA upheld (10th Cir.), 80:259; (U.S., rev sought.), 81:344

FURNITURE

– Collection trade dress, secondary meaning shown, injunction denied (M.D.N.C.), 80:790
– Design elements showed originality (4th Cir.), 80:571
– eBay auctions, DMCA misrepresentation liability for copyright infringement notices (E.D. Cal.), 81:90; takedown notices barred by preliminary injunction, 81:293