The CTM (Community Trade Mark) registration, which provides protection across most of Europe, has become a staple of international trademark portfolios since introduction in 1996. But, some big changes are coming for the 20th anniversary. Most notably, the CTM name will be changed to the “European Union Trade Mark.” Also, the registrar’s office in Alicante, Spain, now known as OHIM (Office of Harmonization in the International Market), will be re-named as the “European Union Intellectual Property Office,” and the Community Trade Mark Courts will be called the “European Trade Mark Courts.” Other technical changes will include new filing/renewal fee structures, stricter rules for listing goods and services, and some enhanced mechanisms for enforcement against infringers. Final approval by the European Parliament is expected imminently, at which time most changes will become effective, but portions of the overhaul package will require adoption into the national laws of member countries. The Firm continues to assist clients with trademark registration and enforcement in virtually every country of the world.
In an interesting decision regarding whether copyright protection may extend to a sequence of yoga poses, the Ninth Circuit ruled that a sequence of yoga poses is a collection of facts and ideas that is not subject to copyright protection.
In an interesting decision handed down by the Federal Circuit this week, it has been found that electronic transmissions of digital data are not "articles" which the International Trade Comissision (ITC) has jurisdiction to exlcude under 19 U.S.C. 1337. ClearCorrect Operating, LLC v. International Trade Commission, Fed. Cir., No. 2014-1527 (Nov. 10, 2015). After an interpretation of both the literal text of the statute as well as the legislative history, the Federal Circuit reversed the ITC's prior determination, and found the term "articles" to clearly mean only "material things".
The new Federal Rules of Civil Procedure (FRCP) will take effect on December 1, 2015, and shall govern all proceedings in civil cases commenced thereafter. Specific to patent litigation, the 2015 FRCP eliminated the previous form patent complaints (i.e. Civil Form 18) that allowed patentees to file a complaint without specifically setting forth its theory of infringement. After taking effect, the new FRCP will require a patentee's initial complaint to comply with the Supreme Court rulings in Twombly and Iqbal, under which the patentee must set forth sufficient facts to make a claim for relief plausible. In patent cases, courts may therefore begin requiring a showing of which patent claims are being infringed and possibly the inclusion of at least one claim chart comparing the accused product with at least one claim.
Shawn “Jay Z” Carter has won a copyright infringement case originally filed back in 2007, involving his 1999 hit single “Big Pimpin.” In a rare instance in which a copyright case involving a hit song actually reached the trial stage, U.S. District Court Judge Christina Snyder dismissed the lawsuit against Jay Z and his producer Timbaland, ruling that the heir of an Egyptian composer lacked standing to pursue the copyright infringement claim.
Copyright and trademark registrations have long held at least one advantage over patents, the © and ® symbols which efficiently denote registered intellectual property. Proper marking of patented articles requires display of the word "Patent" or "Pat." together with the number of the relevant patent or an internet address where the number may be found. However, the U.S. Patent and Trademark Office held an open house to develop icons for patented articles, as well as a number of other intellectual property concepts, and recently published its selections.
The standard for willful patent infringement will be reviewed this term by the Supreme Court of the United States, as reported by SCOTUSblog. The Court agreed to accept two cases that involve the issue of enchanced damages in patent infringement litigation, Halo Electronics v. Pulse Electronics, and Stryker Corp v. Zimmer. Under the Patent Act, the owner of a patent may seek triple damages where willful infringement has been proven. The Supreme Court is expected to consider the proper framework for determining whether infringement in a particular case is willful. A decision in these consolidated cases will be rendered by June 2016.
Google has won a major victory in its ten-year legal fight with authors over its Google Library Project, which digitizes and indexes millions of copyrighted books for an online library without consent from the copyright owner. Since 2004, as part of the Google Library Project, Google has scanned, rendered machine-readable, and indexed more than 20 million books, which includes both public domain and copyrighted works, for its Google Books search engine. The search engine allows users to search words or terms that yields a list of all books in the database in which those words or terms appear, as well as the number of times the word or term appears in each book. The search also provides a brief description of each book which gives some basic additional information, such as a list of the words and terms that appear with most frequency in the book. Users are also allowed a limited viewing of the text of the book to see “snippets” of text containing the searched-for terms. The search sometimes provides links to buy the book online and identifies libraries where the book can be located.