Blog results - found 131
With the first US government shutdown in 17 years entering its third week, attempts to find a remedy before tomorrow’s deadline for raising the debt limit continue apace. At present, the USPTO has continued operations relatively unaffected but, should a solution not be found by the end of next week (or should a short-term solution lead to later shutdowns), the prospect of the office closing its doors will become a reality. So how big an impact would it have on trademark counsel?
In issue 43, WTR predicted the people and events most likely to shape the trademark world in the next 18 months with ‘IP czar’ Victoria Espinel one of the names singled out to watch. Strike one for WTR then, as it has emerged that Espinel left the role this month, with the Office of Information and Regulatory Affairs’ Howard Shelanski taking up the hot-seat until a new coordinator is named.
With the July 4 holiday looming, a study into what customers perceive as the most patriotic US brands is well-timed to generate media headlines. With WTR also a sucker for a good hook, we have taken a look at the list and asked how brands can tap into such an abstract value.
An article published by the Council on Foreign Relations has suggested that efforts to push China to change its approach to IP law are not worth the political and diplomatic capital the United States is spending on it. For those battling piracy, the key question is how likely a change in stance actually is.
Proposals to make the knowing purchase of counterfeit goods a criminal offence have been the subject of debate by New York council's Public Safety Committee with opinions split over the best way to tackle demand for fake goods.
Following a White House communication outlining ways to tackle ‘patent trolls’, a call has been made for judges to shift the cost burden of litigation abuse from the defendant to the plaintiff. Could such an approach also be adopted in cases of trademark bullying?
The issue of trademark bullying remains divisive and the USPTO has written to WTR to respond to criticism of follow-up activities to the Department of Commerce’s report on litigation tactics. The split in opinions illustrates the continued challenge in creating a coherent industry stance on bullying.
A new study demonstrates that trademark applicants who hire experienced counsel have a much greater chance of having their mark approved by the USPTO than less experienced filers who don't hire an attorney. While the findings will be welcomed by trademark counsel, the key will be ensuring that the people that matter know about it potential clients.
In its efforts to acquire and resurrect expired trademarks, a California-based company is calling for reform of the USPTO’s handling of specimens of use. Is the system really broken or do current processes strike the right balance between trust and suspicion?
In a decision which mentioned Greek mythology and the Wizard of Oz, the US Supreme Court has affirmed a Second Circuit ruling preventing Already LLC from pursuing a trademark challenge against Nike, due to the breadth of a covenant not to sue previously issued by the shoe-wear giant. In the ruling, the court also touched on the issue of trademark bullying.
A US district court has dismissed Apple’s false advertising claim in its dispute with Amazon, with the case now focusing on allegations of trademark infringement of the term ‘app store’. As the wireless device app market continues to expand, the battle for competitive edge is set to continue - both in real-world courtrooms and in the expanding online space.
Last week, WTR reported on the news that David Kappos, Director of the USPTO, is to step down from his post next month. While no official announcement has yet been issued, this week saw the release of the agency’s performance and accountability report for fiscal year 2012, which identified some of the challenges awaiting his successor.
David Kappos, under secretary of commerce for intellectual property and director of the USPTO, is to leave the office by the end of January 2013. The reasons for his decision, which came to light last night, are sketchy at present Kappos informed staff by email of his decision to leave the office but, at the time of writing, no official statement has been released by the agency. All eyes will now be on possible replacements and the impact he or she may have for trademark practitioners.
Rosetta Stone Inc and Google have jointly announced an agreement to dismiss the three-year old trademark infringement lawsuit between the two parties, pointing to a future in which they will “meaningfully collaborate to combat online ads for counterfeit goods and prevent the misuse and abuse of trademarks on the internet”. While little is known on the exact form this collaboration will take, could their plans to improve detection methods benefit all brand owners?
This week it has been reported that the creator of the South Butt clothing line has agreed to abandon its trademark application, cease selling products under the brand and silence its social media promotions. The development is the culmination of a long-running dispute which highlights the challenges of protecting both reputation and trademark rights in today’s media age.
This week a number of media outlets have jumped on a dispute between Sony and Bridgestone Tyres, centred on the latter’s use of an actor Sony had previously used in its advertising campaigns but now seen using a product from one of Sony’s direct competitors. While not as some have claimed an example of trademark law “getting stranger”, the dispute is an interesting one, highlighting as it does protection issues around character creation.
With the United States’ presidential election fast approaching, intellectual property is becoming a major campaign focus for both incumbent Barack Obama and Republican challenger Mitt Romney. The past 12 months have seen intellectual property protection become a mainstream political issue after the outcry over online piracy legislation. However, while the latter demonstrated resistance to stronger IP laws, the current focus takes a different stance, with intellectual property theft by Chinese companies in the political crosshairs.
The US Court of Appeals for the Second Circuit has released its much-anticipated decision in Christian Louboutin SA v Yves Saint Laurent Am Holding Inc with the representatives for both sides welcoming the court’s decision.
It seems like the worlds of politics and intellectual property have clashed on an almost weekly basis in 2012 and this week the trend continued taking time out from his own trademark battle, President Obama signed into law an act that strengthens the penalties for trafficking in counterfeit drugs. Meanwhile, over the road from the White House, the House Foreign Affairs Committee launched an investigation into allegations that WIPO supplied computers and other sensitive technology to Iran and North Korea.
With PROTECT IP and SOPA seemingly vanquished and ACTA facing new obstacles, the debate over IP protection and online freedom shows no sign of abating, with the Trans-Pacific Partnership shaping up as the next battleground.
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