Tag >> infringement
Posted by: Ventsi Ventsi in trademark search, trademark registration, trademark, Trade Marks, Trade Mark, Patents, IP litigation, IP day, infringment, infringement, Design, Chaina on
Feb 10, 2010
Duncanbucknell.com reported for available database with court decisions on intellectual property in China.
The database provides information on the outcome of court cases, what were the decisions of the court, what was the compensation and so on.
Database that has a version in English can be found here. Intellectual Property Planet
Between January 6 and 8, 2010, several Mexican media, such as the Mexico City-based newspapers La Jornada and El Universal informed that the Instituto Nacional de Antroplogía e Historia or National Anthropology and History Institute (INAH) fined the operator of the well-known chain ‘Starbucks' for "using prehispanic images in some mugs offered in sale at its premises, without proper authorization". This case has been incorrectly identified as an intellectual property infringement case. Actually, this matter is not related to intellectual property or copyright, but to the special regulations that govern the use and property of the pieces and objects created by the native cultures settled in Mexico before the arrival of the Europeans, generically known as prehispanic pieces and cultures. The
Posted by: Arturo Reyes in well-known marks, Well Known Marks, unregistered marks, Trademarks, trademark registration, trademark, Trade Marks, Trade Mark, Reyes Fenig, Mexico, IP litigation, infringement, enforceability on
Jan 04, 2010
Mexico, as most civil-law countries, follows the first-to-file principle; it means that the first to file has priority to obtain the trademark registration, hence, to be acknowledged as proprietor of the trademark. Nevertheless, Mexico acknowledges certain rights and defenses for the users of non-registered trademarks; Mexico also allows applicants to claim a date of commencement of use in Mexico, in order to obtain some benefits after the issuance of the trademark registration. In any case, these rights and defenses should not be construed as common-law rights (there is no common-law in Mexico) or exceptions to the first-to-file principle: the first applicant has priority to get the trademark registration, no matter who claimed the earliest date of first use or if the earliest applicant
Section 5, clauses 44-48 in the Israeli Patent Law enables an applicant having a granted patent to file one or more "supplementary patents" associated with the original granted patent, if the supplementary patent discloses an improvement of the invention claimed in the original patent. A supplementary patent does not require having an inventive step or even novelty over the original granted patent it is associated with, and therefore makes it easier for the applicant to add new embodiments to his inventions without having to go through prosecution again. An original granted patent may have multiple supplementary patents associated therewith and the law does not limit the number of associated supplementary patents that can be filed. There are however several limitation to supplementary
A Texas based patents owner, Information Protection and Authentication of Texas (IPAT) and Florida based patents licensee, Global Innovation Technology Holding (GITH) have filed a lawsuit against 12 system builders including Apple, Hewlett-Packard, Dell and Lenovo. The two companies claim that the 12 PC makers infringe patents numbered 5311591 and 5412717 which were granted in 1994. The said patents cover operating system software permissions for defining the range of operation of computer applications, in order to defend against security breaches and protect against viruses. The filing asserts that Apple has infringed the said patents by "making, using, providing, offering to sell, and selling ... hardware and/or software for protecting and/or authenticating information." The companies
St. Louis based cable television provider, Charter Communications INC has filed a lawsuit against the prominent phone services provider, Verizon communications INC. Charter is claiming that Verizon's VOD services infringe 4 of Charter's patents. The said patents cover VOD services, billing for VOD services and data transmission. Various sources claim that Charter, who did not file similar lawsuits against any other cable TV providers, is trying to cut back losses emanating from a direct competition with Verizon over the high-speed Internet costumers. In February 2007, Verizon sued Charter claiming that Charter's telephone services over a data network infringe 8 of Verizon patents. This case is still pending.
Illinois computer research (ICR) is suing Oprah Winfrew's book club over an allegedly patent infringement. The ICR patent titled Enhancing touch and feel on the Internet, was filed in 2000 and granted in 2006. The patent describes a way to provide a three-dimensional representation of an item from multiple perspectives and contemplates on how the aforementioned technology can be used to display books online. ICR also sued Google over the same patent in 2007 claiming that Google's book service is an infringement of their patent. Back in 2007, Google policy counsel and legislative strategist, Johanna Sheldon called for a patent reform that would free technology based companies like Google from patents
World.com. creator of technology for online 3D virtual gaming, filed a lawsuit against NCSoft Corporation a Texas based game developing company. NCSoft's games such as 'World of Heroes', 'Dungeon Runners' and 'Guild Wars' are all said to violate a US patent owned by World. Com titled "System and method for enabling users to interact in a virtual space". Curiously enough, one of the MCSoft Games mentioned in the lawsuit was created in 1998, two years before the World.com's patent was filed. The broadly worded World.Com patent was granted in 2007 and relates to computer architecture for a 3D graphical virtual world system intended for interactive multi-user gaming. The technology enables the manipulation of the player's avatar in a way that alters the character perspective and allows
A significant quantity of counterfeits and pirated goods of all kinds are often crossing the Serbian, Montenegrin and Macedonian state borders, either in transit to the European Union, for end use on the local markets or for transformation and re-export. The Customs Monitoring services of the Customs authorities in Serbia and Macedonia, effectively closing the borders with Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Greece, Hungary, Kosovo and Montenegro have so far proved their
Posted by: Arturo Reyes in Trademarks, trademark, Trade Marks, Trade Mark, Reyes Fenig, Patents, patent, Mexico, intellectual property, injunction, infringement, Application on
Jul 30, 2008
The marking of products or services that use industrial property rights (such as patents or registered trademarks), so third parties may be aware of the existence of such intangible assets, provides the right holders with certain benefits. The marking is not an actual obligation, given that failure to mark a product is not illegal by itself nor harms any third party's rights. Marking a product with the indication of an industrial property right may prevent or discourage third parties from infringing the intellectual property right associated to a product or service. If, in spite of the marking, a third party infringes the patent or trademark right, the measures available for the right holder are also stronger. There are certain rules about the marking of products provided in the Mexican
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