SCOTUS Cheerleading Decision Brings a Sigh of Relief for Fashion Innovators
On March 22, in a 6-2 decision the court backed Varsity Brands in its dispute with clothing company Star Athletica, holding that decorative elements of a cheerleading uniform may be protected by copyright law. Certiorari had been granted by the court to “resolve widespread disagreement” over the proper test for implementing section 101. In its decision, the court held that a feature incorporated into the design of a useful article is eligible for copyright protection if it satisfies two grounds. First, the feature must be able to be perceived as a 2D or 3D work of art separate from the useful article. Second, that feature would have to qualify as a protectable work — either on its own or fixed in some other tangible medium of expression — if it were imagined separately from the useful article into which it is incorporated.
Pixar Handed Pixel Patent Win at Federal Circuit
Pixar has been handed a win in a patent infringement lawsuit heard by the US Court of Appeals for the Federal Circuit. On March 15, the court affirmed a district court judgment that found a patent asserted against Pixar and technology company Nvidia Corporation was invalid. Louis Coffelt, the owner of US patent number 8,614,710, sued the companies at the US District Court for the Central District of California. The patent is directed to “a method for deriving a pixel colour in a graphic image”.
WIPO: The US Places First Globally for International Trademark Applications in 2016
According to the World Intellectual Property Organization (WIPO), in 2016, the US placed first globally for international trademark applications with 7,741. Germany was second with 7,551 applications and France had 4,132. China had 3,200 applications and saw the fastest growth (68.6%) last year. French cosmetics company L’Oreal placed first with 150 Madrid applications, Glaxo Group came in second with 141 and BMW had 117 applications. What’s more, globally, US-based applicants filed 56,595 Patent Cooperation Treaty applications last year. Japan placed second (45,239) and China was third (43,168).
Coachella Takes on Urban Outfitters in TM Claim
The organizers of music festival Coachella have taken a shot at retailer Urban Outfitters in a trademark infringement claim. Coachella accused the retailer, and its subsidiary Free People, of selling 'Coachella' branded apparel. The claim was filed at the US District Court for the Central District of California, Western Division on March 14. The festival organizers own a number of ‘Coachella’ trademarks and have used them in connection with the festival and related goods and services since the first event in 1999.
Procter & Gamble Sues Oral Goods Business for Patent Infringement
P&G filed its lawsuit against Ranir at the US District Court for the Southern District of Ohio, Western Division on March 20. The suit focused on US patent number 5,891,453 and US number 5,894,017. According to the suit, Ranir manufactures products that infringe its patent for companies such as Walmart and Kroger. P&G argued that, “with full knowledge” that the patents expired on June 6 this year, Ranir manufactured the products. P&G asked for preliminary and permanent injunctions against Ranir, pre-judgment interest, triple damages, costs, attorneys’ fees and a jury trial.
USITC Investigates LG over Graphics Patent Claim
On March 17, the ITC voted to institute the investigation into certain graphics systems and products such as TVs and smartphones which contain them. LG Electronics was named as a respondent, along with its subsidiaries LG Electronics USA and LG Electronics MobileComm USA. The investigation is based on an amended complaint filed by semiconductor company Advanced Micro Devices and its subsidiary ATI Technologies ULC on March 2. According to the semiconductor companies, LG, along with others, has violated section 337 of the Tariff Act of 1930 by importing into the US and selling graphic systems and products containing the systems.
Hallmark Sues Rival in Trademark Claim
The licensing arm of US-based card manufacturer Hallmark has sued a greetings card business for trademark infringement. Hallmark filed its suit against Dickens at the US District Court for the Eastern District of New York on April 10. The greetings card company argued that Dickens infringed and diluted its trademark, competed unfairly and committed deceptive trade practices under New York General Business Law section 349. Hallmark asked for compensatory damages, punitive damages, statutory damages for trademark infringement, costs, pre and post-judgment interest, triple damages and profits for violation under the Lanham Act.
Anaqua Appoints New General Manager of Asia Pacific
On April 10, 2017, Anaqua, Inc., a leading provider of intellectual property (IP) management and analytics software and services, announced that Karen Taylor has been appointed as the new General Manager of Asia Pacific.
Karen joins Anaqua with over 15 years of experience in the online information and data industry across Europe and Asia, having worked in the United Kingdom, Netherlands and Japan etc. Based in Hong Kong, Karen will manage all business development across Asia Pacific and strengthen Anaqua’s growing portfolio of client accounts.
2017 Global IP Exchange
The 8th Global IP Exchange was held from 6-8 March in Estrel Berlin, which brought more than 140 senior IP decision makers to discuss the relevant IP issues. Apart from semantic topic presentations, breakfast briefings, case studies, there are 6 times One-To-One Business Meetings per day, 2 days’ evening breakfast briefings with the aim for participants to network. The organizer IQPC Exchange’s team is very professional. They have appointed coordination persons to plan the meeting time slot in order to make sure the One-To-One business meetings were conducted successfully. China IP Magazine attended this event as the only Chinese media partner.
International Exhibition of Inventions of Geneva
International Exhibition of Inventions of Geneva was held at the Palexpo Pavilion in Geneva, Switzerland from 29 March to 2 April 2017. More than 100 inventions have been exhibited. Inventors and exhibitors come from following countries, Switzerland, China, Taiwan, Korea, Japan, Thailand, Egypt, Turkey, and Israel etc. Exhibitions cover various fields, such as aerospace, environmental protection, machinery manufacturing, beauty and pharmaceutical industry etc. At the same time, technical professionals, intellectual property experts, multinational investment bankings, financial experts, well-known international media, as well as thousands of visitors visit the expo and participate in various activities.
Cambodia Becomes First Asian Country to Recognize European Patents on Its Territory
EPO President Benoît Battistelli and Senior Minister Cham Prasidh, Cambodian Minister of Industry and Handicraft, have signed an agreement in Phnom Penh to extend, upon request of the applicant, the validity of European patent applications and patents to Cambodia. This means that Cambodia is set to become the first Asian country to recognize European patents on its territory. The agreement will enter into force once it has been adopted into Cambodian law, tentatively July 1, 2017.
Jordan Joins Patent Cooperation Treaty
On March 9, Jordan has joined the Patent Cooperation Treaty (PCT), becoming the 152nd member of the system. The PCT enables patent applicants to seek protection in 152 countries through a single application and is administered by WIPO. Jordan will become bound by the PCT on June 9, 2017.
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