In 2012, the Philippines, New Zealand, Colombia, and Mexico acceded to the Madrid system, bringing to 89 the total number of members to join the Madrid Protocol for the International Registration of Marks. Administered by the World Intellectual Property Organization, the Madrid System for the International Registration of Marks (“Madrid system”) is designed to provide a cost-effective and efficient way for trademark holders to secure and maintain protection for their marks in multiple countries.
On Friday, the U.S. Supreme Court granted certiorari in the Association for Molecular Pathology v. Myriad Genetics case. As noted in our previous posts, this case deals with whether patent claims directed to "isolated DNA sequences" are patent eligible subject matter under the patent laws, in connection with the BRCA-1 and BRCA-2 genes involved in breast cancer.
This past Monday, November 26, 2012 marked "Cyber Monday," a recently established tradition identified with the Monday following the U.S. Thanksgiving weekend, where consumers tend to escalate their online holiday shopping activities.
Intellectual property issues have becoming increasingly present during presidential elections as candidates frequently use music, phrases and even fictional characters in their campaigns. This presidential election is no different.
lululemon, the popular designer of yoga clothing has filed a Complaint in federal court in Delaware against Calvin Klein alleging that Calvin Klein is selling pants that infringe three design patents owned by lululemon. The design patents issued by the U.S. Patent and Trademark Office are for pants with a waistband featuring overlapping panels of fabric.
Much has been written about the Apple v. Samsung patent dispute, with some claiming it goes too far and others claiming 'transparent' copying should justly be punished. One thing that cannot be disputed is the value of a design patent. As seen below, when consumers like the way something looks, others will migrate to that look, setting up a potentially strong case for design patent infringement, even as lawyers argue over the meaning of words in a related utility patent. Oh, and by the way, if you win, no need to settle for a reasonable royalty, as by statute, design patent infringement damages are set as profits.