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Article Archive for October 2011

The Medicrime Convention and its Side Effects on Intellectual Property Infringements in the Field of Drug Counterfeiting
October 31, 2011 – 9:26 AM | 42955 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F31%2Fthe-medicrime-convention-and-its-side-effects-on-intellectual-property-infringements-in-the-field-of-drug-counterfeiting%2FThe+Medicrime+Convention+and+its+Side+Effects+on+Intellectual+Property+Infringements+in+the+Field+of+Drug+Counterfeiting2011-10-31+13%3A26%3A11Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4295
The Medicrime Convention and its Side Effects on Intellectual Property Infringements in the Field of Drug Counterfeiting

The Council of Europe has come up with an international convention creating criminal sanctions for the manufacturing and trafficking of counterfeited drugs. The Convention, which should come into force in the near future, also creates interesting legal alternatives for trademark and patent holders against infringements of their rights.

Top 1% Files for Trademark of “Occupy Wall Street”
October 30, 2011 – 12:15 PM | 428810 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F30%2Ftop-1-files-for-trademark-of-%25e2%2580%259coccupy-wall-street%25e2%2580%259d%2FTop+1%25+Files+for+Trademark+of+%E2%80%9COccupy+Wall+Street%E2%80%9D2011-10-30+16%3A15%3A41Seth+Dennishttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4288
Top 1% Files for Trademark of “Occupy Wall Street”

Spurred by the trademark application for OCCUPY WALL ST, two applications have recently been filed for OCCUPY WALL STREET. While one of the applications belongs to OWS organizers, the other application seems to trace back to a likely member of the 1%

Phony Syrup Could Send You to Prison
October 30, 2011 – 11:58 AM | 4283No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F30%2Fphony-syrup-could-send-you-to-prison%2FPhony+Syrup+Could+Send+You+to+Prison2011-10-30+15%3A58%3A25JJ+Gottschalkhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4283
Phony Syrup Could Send You to Prison

Compromise is hard to come by in Washington these days, but a bipartisan bill introduced on October 20th aims to protect maple syrup from imitators. Appropriately called the MAPLE Act, anyone trying to pass off fake syrup would face up to five-years in prison.

To Patent or Not To Patent, That is The Question: Embryonic Stem Cell Patents Rejected in Europe
October 29, 2011 – 3:30 PM | 427919 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F29%2Fto-patent-or-not-to-patent-that-is-the-question-embryonic-stem-cell-patents-rejected-in-europe%2FTo+Patent+or+Not+To+Patent%2C+That+is+The+Question%3A+Embryonic+Stem+Cell+Patents+Rejected+in+Europe2011-10-29+19%3A30%3A29Amer+Rajahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4279
To Patent or Not To Patent, That is The Question: Embryonic Stem Cell Patents Rejected in Europe

Last week, the European Court of Justice was asked to determine the patentability of stem-cell products derived from human embryos.  While the question submitted to the Advocate General was not as straightforward, both the Advocate …

Groupon Sues Former Employees for Revealing its Trade Secrets to Google
October 29, 2011 – 12:00 PM | 42754 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F29%2Fgroupon-sues-former-employees-for-revealing-its-trade-secrets-to-google%2FGroupon+Sues+Former+Employees+for+Revealing+its+Trade+Secrets+to+Google2011-10-29+16%3A00%3A12Sarah+Zuccohttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4275
Groupon Sues Former Employees for Revealing its Trade Secrets to Google

Two former Groupon employees allegedly take daily deal trade secrets to competitor Google Offers.

Couple seeks to trademark “Occupy Wall Street”
October 29, 2011 – 8:24 AM | 42715 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F29%2Fcouple-seeks-to-trademark-%25e2%2580%259coccupy-wall-street%25e2%2580%259d%2FCouple+seeks+to+trademark+%E2%80%9COccupy+Wall+Street%E2%80%9D2011-10-29+12%3A24%3A49Chris+McDonoughhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4271
Couple seeks to trademark “Occupy Wall Street”

Robert Maresca and his wife seek to use the “Occupy Wall Street” slogan on merchandise

New First-To-File-Rules – They’re Good For Small Businesses and How to Prepare So You Can Take Advantage of Them.
October 27, 2011 – 10:27 AM | 42554 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F27%2Fnew-first-to-file-rules-%25e2%2580%2593-they%25e2%2580%2599re-good-for-small-businesses-and-how-to-prepare-so-you-can-take-advantage-of-them%2FNew+First-To-File-Rules+%E2%80%93+They%E2%80%99re+Good+For+Small+Businesses+and+How+to+Prepare+So+You+Can+Take+Advantage+of+Them.+2011-10-27+14%3A27%3A36TJ+Johnsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4255
New First-To-File-Rules – They’re Good For Small Businesses and How to Prepare So You Can Take Advantage of Them.

With one of the biggest changes in the patent system coming soon there has been a lot of talk regarding first-to-file. How does this compare to Canada’s change to a first-to-file system? What does this change mean to you as an inventor or businessperson and what should you plan to do about it?

Notre Dame Forces Tornado-Ravaged High School to Change Mascot
October 27, 2011 – 12:01 AM | 42577 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F27%2Fnotre-dame-forces-tornado-ravaged-high-school-to-change-mascot%2FNotre+Dame+Forces+Tornado-Ravaged+High+School+to+Change+Mascot2011-10-27+04%3A01%3A35Daniel+Janghttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4257
Notre Dame Forces Tornado-Ravaged High School to Change Mascot

A Kansas town still recovering from tornado damage is forced to change the local high school mascot after Notre Dame sends a letter threatening legal action for trademark infringement. This is not the first time the “Fighting Irish” have pursued this course of action.

Viacom Argues on Appeal that YouTube’s DMCA Duty Goes Beyond Takedown Notices
October 25, 2011 – 6:00 AM | 42489 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F25%2Fviacom-argues-on-appeal-that-youtubes-dmca-duty-goes-beyond-takedown-notices%2FViacom+Argues+on+Appeal+that+YouTube%27s+DMCA+Duty+Goes+Beyond+Takedown+Notices2011-10-25+10%3A00%3A08Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4248
Viacom Argues on Appeal that YouTube’s DMCA Duty Goes Beyond Takedown Notices

Viacom argued for the Second Circuit to overturn a district court’s summary judgment in a “billion dollar” copyright infringement case with YouTube. How much does the DMCA require YouTube to police its content for instances of copyright infringement, and does even a minimal duty mean the summary judgment was inappropriate?

First Denmark Copyright Case Involving Sampling Decided
October 24, 2011 – 9:02 AM | 42423 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F24%2Ffirst-denmark-copyright-case-involving-sampling-decided%2FFirst+Denmark+Copyright+Case+Involving+Sampling+Decided2011-10-24+13%3A02%3A28Yeve+Chitigahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4242
First Denmark Copyright Case Involving Sampling Decided

In October, Denmark’s first copyright case involving sampling was decided, resulting in a heavy fine. Was such a serious penalty warranted?

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Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

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Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

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Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

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