Tag Archives: intellectual property

ILN Today Post

Verbal agreement of use of image cannot have presumed term

The São Paulo Court of Justice condemned a toy maker to pay $ 20,000 in damages for material and moral damages for misusing a young girl’s image of her baby in one of her child’s toy containers.

According to the Rapporteur of the case, even if there was a verbal license for use of image signed between the parties, it could not be assumed that such a contract would have been renewed to the point that it could last for 14 years.

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Greek Supreme Court contests the validity of Philips’ EFM+ (DVD) Patent

Summary

In its decision no 1589/2017 the Greek Supreme Court upheld the appeal brought by the Greek company “DPH” against the Dutch company “P”. The Supreme Court held that the Court of Appeals’ decision, which had upheld definitely the lawsuit of “P” against “DPH” for breach of “P”’s essential patents, was wrong in finding they were sufficient reasons for granting patent protection to “P”’s disputed patents under the applicable rule of Greek law setting the conditions for granting patent protection.

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Can Similar Trademarks Coexist Peacefully?

Suppose that you want to register a trademark that identifies a source of goods or services for your business.  You file a federal trademark application with the U.S. Patent and Trademark Office.  Subsequently, you receive an Office Action from the U.S. Patent and Trademark Office that initially refuses registration of your mark based on a likelihood of confusion with a similar trademark?  Can you overcome the refusal to obtain a registration from the U.S. Patent and Trademark Office?  The answer is often YES!

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Towards an effective legal framework for the protection of intellectual property rights from online infringements in Greece

The protection of copyright from infringements taking place via the Internet has been in Greece until today extremely inefficient and time-consuming.

Legal experts and copyright holders hope that this situation will alter soon. On July 2017, a new Copyright Law 4481/2017 was adopted amending the existing Copyright Law 2121/1993. The new Law provides dispositions aiming to regulate for the first time in Greece this kind of situations. To be more specific, a new article to Law 2121/1993 (article 66E) is added, which aims to enhance the protection of copyright and related rights on the Internet via a “notice and takedown procedure”.

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Moscow Region Commercial Court rendered a precedent decision in an originator-generic dispute

On September 27, 2017, the Moscow Region Commercial Court published a significant decision in a patent dispute between Novartis AG, Swiss originator, and Nativa LLC, Russian generic producer (case No. A41-85807/2016).

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ILN Today Post

Howard & Howard expands Intellectual Property Practice

Chicago, Illinois, October 12, 2017: Howard & Howard Attorneys PLLC is pleased to announce that Elizabeth V. Johnson has joined the firm. She will practice out of the firm’s Royal Oak office.

Ms. Johnson concentrates her practice in patent and trade secret matters. She has broad based skill in negotiating technology agreements and litigating complex patent cases through trial. With a strong background in electrical engineering, she is well-versed in matters related to a variety of technologies including cell phones, semiconductors, computer and graphics processors, and software. Ms. Johnson has represented clients in all phases of complex multi-defendant, multi-patent matters through multiple trials before the U.S. International Trade Commission (ITC), district courts across the country, and the Patent Trial and Appeal Board (PTAB). She has experience recommending patents for assertion in offensive litigation and developing validity and infringement strategies in offensive and defensive litigation.

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Will It Be Known As “Michelin Star Athletica”?: Why The US Supreme Court May Have Given American Chefs A Reason To Cheer

Recent years have witnessed a surge in the United States in the appreciation for fine food and those who create it.  Indeed, the concept of the “celebrity chef” has taken such hold in the United States that there are entire television networks and countless magazines (on-line and in print) to cooking, recipes, chefs and the like, not to mention a wide variety of restaurants at all price points trading on the name and reputation of such chefs.  Indeed, in much the same way that sports fans snap pictures of star athletes or look for Top Ten highlights, diners now post from well-known (or even not so well known) eateries on-line reviews and uploaded photographs of each course served to memorialize their memorable food encounters; would-be diners and others take it all in as they try to decide what and where to eat.

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Australian Government responds to Productivity Commission’s report on IP arrangements

The Australian Government has recently released its response (which can be accessed here) to the Productivity Commission’s final report on Intellectual Property Arrangements in Australia.

The Intellectual Property Arrangements report by the Productivity Commission covered a range of intellectual property issues, including trade mark, copyright, patent and plant breeder’s rights and made a number of recommendations regarding reforms to Australian intellectual property laws.

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ILN Today Post

Trouble in patent troll paradise?

Patents are the strongest form of IP protection. Indeed, because patents provide strict exclusionary rights, typically for a period of 20 years, patent holders have long been given broad latitude by the courts to protect themselves against infringing competitors. The historically strong position of patentees was further bolstered when, in 1982, Congress established a specialised appeals court for patent matters, the US Court of Appeals for the Federal Circuit (“Federal Circuit”). Indeed, soon after its establishment, the Federal Circuit issued several pro-patentee decisions that expanded the range of patentable inventions and made it more difficult to invalidate issued patents.

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“…as best as your interests don’t conflict with mine”: Lawyers Fighting Over Intellectual Property

When one thinks about lawyers and Shakespeare, many recall the oft-quoted and misunderstood statement “the first thing we do, let’s kill all the lawyers.”  ‘Henry VI,” Part II, Act IV, Scene II, Line 73.  But my favorite, as a better reflection of the best of our lot, is:

Sir, I shall not be slack; in sign whereof,

Please ye we may contrive this afternoon

And quaff carouses to our mistress’ health

And do as adversaries do in law,

Strive mightily, but eat and drink as friends

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