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STORM CLOUDS ON THE HORIZON?

Several months ago, Amazon unveiled its “Cloud Drive” – a web application which permits users with Amazon accounts to upload up to five gigabytes of music, free of charge, to Amazon’s server. Along with providing storage, the service also allows users to access, stream, and download their music from any location.  Given that Amazon is providing streaming access music, there is some questions as to whether Amazon’s decision to offer the service, without a license from music owners, may result in future legal disputes.  In this respect, Amazon has taken the position it is simply providing users with access to their own music files and, therefore, that no additional licenses are necessary.  In contrast to Amazon’s approach, Apple has actively negotiated licenses with music publishers in anticipation of it’s Fall 2011 launch of its “iCloud” service.   Music labels, for their part, are remaining silent on the issue as they wait to see how this “plays” out. 

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CHRISTIAN LOUBOUTIN LOSES FIRST ROUND OF LAWSUIT OVER RED-SOLED SHOES

Paris-based footwear designer Christian Louboutin was denied a preliminary injunction to prevent famed-fashion house Yves Saint Laurent from selling shoes with red soles similar to Louboutin’s. In April, Louboutin filed a federal lawsuit for trademark infringement against Yves Saint Laurent in the United States District Court for the Southern District of New York claiming  that YSL infringed Louboutin’s signature red soles. 

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.XXX DOMAIN: RESERVE YOUR NAME OR BLOCK IT?

With the somewhat controversial launch of the new top level domain .XXX scheduled for late-2011, trademark owners should take note of the upcoming dual sunrise periods: one for those within the adult entertainment industry; another for those who wish to block their registered marks from use in .XXX.


  1. Sunriseis the time period when trademark owners and other IP holders within the adult sponsored community can apply for .XXX domain names ahead of the general public.  This period will run for 52 days starting September 7, 2011.
  2. Sunrise Bthe time period when trademark owners and other IP holders outside of the adult sponsored community can apply to opt-out of .XXX to block their registered marks from use in .XXX.  This period will also run for 52 days starting September 7, 2011.

More information on the .XXX registry, click here.

GOOGLE BUYS A THOUSAND PATENTS

In the past week or so, several news articles reported that Google has recently purchased about 1,000 IBM patents. While patent purchases are not uncommon (patents can be bought and sold much the same as personal property) the magnitude of this and other recent purchases puts a spotlight on the value and scope of patent protection in modern commerce.
 

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ALZHEIMER’S MOUSE IN PATENT BATTLE

Since February of 2010, Alzheimer’s Institute of America (AIA) has been embroiled in a patent infringement suit it brought against a number of defendants, claiming infringement of certain patents covering the genetic mutation, dubbed the “Swedish mutation”, that causes early on-set Alzheimer’s disease.  Last week, AIA dropped the case against one defendant, Jackson Laboratory of Bar Harbor, Maine, for an unusual and interesting reason.

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