Patent, Trademark & Copyright Journal® Index-Summary

ABANDONMENT

– Die-cast toy cars mark not abandoned, Disney movie noninfringement summary judgment denied (W.D. Okla.), 78:193

ADVERTISING

See also FALSE ADVERTISING; RIGHT OF PUBLICITY
– Highway toll system equipment patent, liability insurance does not require defense of inducement to infringe suit (Pa. Super. Ct.), 78:67
– Keywords

– – EU, sale of keywords corresponding to registered marks not illegal, 78:632; advisory opinion could facilitate trademark law harmonization, European practitioners say, 78:726
– – Software, sponsored link sale infringing, class action alleges (E.D. Tex.), In Brief, 78:95
– – Status, trademark owners and advertising sellers discuss, 78:405

– Railroad equipment, competitor comments re patent infringement published prior to effective date of insurance policy, advertising injury award reversed (3d Cir.), 78:700
– Trailer hitch company's use of surname of competitor's former designer not likely to cause confusion, trademark infringement suit dismissed (6th Cir.), 78:601
– Viagra drug mark infringed by company that used mark on missile to advertise its services (S.D.N.Y.), 78:603
– Want ad digest is protectable compilation, but copyright not infringed by competing digest (N.D.N.Y.), 78:605

AIR TRANSPORTATION

– Trade secret suit re internal documents retained by former airline employee, irreparable harm not shown, permanent injunction denied (S.D.N.Y.), 78:194

ALCOHOLIC BEVERAGES

– Bartending contestants on reality television program, beverage makers not liable for misappropriation of idea (S.D.N.Y.), 78:766
– Honey liqueur mark infringement suit, forum selection clause inapplicable, dismissal reversed (2d Cir.), 78:379
– Vodka mark rejection vacated, geographic deceptiveness to substantial portion of public not shown (Fed. Cir.), 78:35
– Wine mark infringement suit, progressive encroachment doctrine applicable to laches, dismissal reversed (8th Cir.), 78:338

AMERICAN INDIANS

See NATIVE AMERICANS

ANALYSIS AND PERSPECTIVE

– Bankruptcy filing, impact on IP rights, 78:201
– Bayh-Dole Act, promotion of technology transfer, 78:483
– Business method patents

– – Canada, proposed changes to Patent Office practice may impact patentability, BNA Analysis, 78:730
– – PTO discusses patentable subject matter, 78:387
– – Restriction of patentable subject matter, potential for, 78:807

– Damages

– – Limitation on statutory awards under Copyright Act, 78:391
– – Strategy to mitigate patent awards, 78:233

– Employee benefit plan strategies, patentability of, 78:265
– Extraterritoriality, enforcement when part of infringing process occurs abroad, 78:166
– Fraud standard re PTO

– – Oral arguments debate, 78:129
– – Patent practitioner reflects on court decision, 78:622

– Functionality doctrine

– – Design patent law, ornamental/functional dichotomy similar to copyright law idea/expression dichotomy, 78:199
– – Identification of elements during claim construction, 78:17

– Inequitable conduct defense, overuse by attorneys, 78:618
– Joint infringement, direction and control standard, 78:352
– Managing patent litigation, practice tips, 78:811
– Patent exhaustion doctrine, rights of third parties, 78:518
– Patentability, practical tips for obtaining and enforcing patents, 78:314
– Pleading standard heightening, impact on patent suit discovery costs, 78:169
– Portfolio management, strategies to increase efficiency and effectiveness, 78:445
– Pro-IP Act grants for state and local government agencies, availability of, 78:361
– Reexamination

– – Strategic benefits for alleged infringers, 78:781
– – Use of inter partes procedure to challenge validity, 78:132

– Registration certificates for trademarks, evidentiary effect of, 78:355
– Trade data intelligence, use to protect IP, 78:319
– Truth in music statutes, state prohibition of previous group name use unconstitutional and preempted by Lanham Act, 78:548

ANTITRUST

– Antidiuretic medication, direct purchasers have standing to sue over monopolistic prices (2d Cir.), 78:761
– Cipro

– – Reverse payment to delay generic version anticompetitive, DOJ brief argues (2d Cir.), 78:334
– – Settlement delaying introduction of competing version not anticompetitive (U.S., rev den), 78:249

– Internet, impact of enforcement actions on innovation, conferees discuss, 78:477
– Library digitization, “Google Print” project settlement, DOJ launches investigation, 78:288; competition issues discussed by panelists, 78:461; DOJ opposes settlement, 78:631; hearing postponed, 78:664; CRS issues report, 78:665; amended version expected, 78:717
– Rewritable CDs, nonessential patents not tied in patent license pool, misuse rejection upheld, en banc rehearing granted (Fed. Cir.), 78:718
– Single economic entity, National Football League members act as, exclusive apparel trademark license not anticompetitive (U.S., rev grant), 78:281
– South Korea fines Qualcomm for anticompetitive practices, 78:417
– Video game memory chip connections, designer offers royalty concessions re EU “patent ambush” claims, 78:229

APPAREL

– Fashion design protection, three-year term

See LEGISLATION, FEDERAL, HR 2196

– Jeans design, filing of copyright application insufficient to establish jurisdiction for infringement suit (S.D.N.Y.), 78:258
– Men's clothing mark, unambiguous assignment not shown, permanent injunction vacated (2d Cir.), 78:222
– “Mtown” mark denied registration due to likely confusion with “Motown” mark (TTAB), 78:609
– National Football League, exclusive trademark license not anticompetitive (U.S., rev grant), 78:281
– Nursing support garment, obviousness judgment affirmed (U.S., rev sought), 78:677
– Palomita mark likely to cause confusion with Paloma clothing mark, opposition sustained (TTAB), 78:122
– T-shirts

– – School colors and identifying slogans on shirts likely to cause confusion, infringement summary judgment affirmed (U.S., rev den), 78:156
– – Tie-dyed designs not original, noninfringement summary judgment granted, attorneys' fees awarded (E.D. Pa.), 78:90

– Tommy Hilfiger watches, identity between counterfeit and legitimate goods not required, customs bureau fine upheld (U.S., rev den), 78:304

APPLICATIONS

– Copyrights

– – Jeans design, filing of application insufficient to establish jurisdiction for infringement suit (S.D.N.Y.), 78:258
– – Processing delay, CO responds to criticism, 78:159
– – Telemarketing site, application for registration sufficient to bring infringement suit, motion to dismiss denied (D. Minn.), 78:123

– Patents

– – Blood disorder treatment, restriction requirement safe harbor inapplicable to continuation applications, validity declaratory judgment vacated in part (Fed. Cir.), 78:645
– – Continuation applications, PTO rules do not exceed authority, en banc review sought (Fed. Cir.), 78:178; AIPLA supports en banc review, 78:247; judgment vacated, 78:278; deferral of hearing sought, 78:402; patent community praises rescinding of rules, 78:714; PTO rescinds rules, 78:716; text, 78:733 et seq.; reply to motion for dismissal filed, 78:791
– – Electronic filing system, legal framework released, 78:806
– – Electronic gambling machine, proper revival of application not condition for patentability, invalidity summary judgment reversed (U.S., rev den), 78:263
– – European Patent Office seeks fee increase to reduce bad applications, 78:652
– – Evidence withheld during examination may be inadmissible to support §145 civil action challenging rejection of application (Fed. Cir.), 78:506
– – International patents

– – – China attends Patent Prosecution Highway meeting, 78:94
– – – Decline in international patents, WIPO chief predicts, 78:653

– – Portfolio management, strategies to increase efficiency and effectiveness of IP development, BNA Analysis, 78:445
– – Public patent application review, PTO puts law school program on hiatus, 78:337
– – Reduction in patent pendency, Kappos seeks to cut processing time, 78:692
– – Worksharing to expedite examination process, PTO to conduct roundtable discussion, 78:775

– Trademarks

– – Decrease in applications reported for first quarter of 2009, report finds, 78:88
– – Electronic notification of publication, PTO announces, In Brief, 78:654

ASSIGNMENT

– AIDS therapy patent, university lacks standing re infringement suit, inventor assigned rights before conception (Fed. Cir.), 78:694
– Boat design, assignment of patent rights precludes standing for correction of inventorship action (Fed. Cir.), 78:192
– Men's clothing mark, unambiguous assignment not shown, permanent injunction vacated (2d Cir.), 78:222

ATTORNEYS

– Age bias not “but-for” factor in law firm's firing of lawyer (3d Cir.), 78:775
– Copyright infringement, law firm sued for using text from another law firm's website may be sued in forum where plaintiff law firm has main office (9th Cir.), 78:470
– Fees

See ATTORNEYS' FEES

– Impersonation of attorney conviction upheld for defendant whose state license was suspended (Ill. App. Ct.), 78:608
– Malpractice

– – Expert witness, patent application experience insufficient to establish, malpractice suit dismissed (E.D. Ky.), 78:439
– – Interactive pump system suit, jurisdiction over Canadian firm proper (Fed. Cir.), 78:437
– – Securities trading system patent infringement malpractice, state court may exercise jurisdiction (Tex. Ct. App.), 78:802

– Managing patent litigation, practice tips, BNA Analysis, 78:811
– Sanctions imposed on lawyers for filing frivolous lawsuit challenging defenses asserted in prior copyright infringement suit (N.D. Ind.), 78:476
– Software patents, law firm may use attorneys' lien to obtain interest in insolvency sale proceeds (D. Mass.), 78:416

ATTORNEYS' FEES

– Diabetes drug, pioglitazone compound not obvious, generic maker claims baseless, fee award upheld (U.S., rev sought), 78:263; additional maker challenges award, 78:263; (rev den), 78:693
– Fishing lure patent infringement suit dismissed with prejudice, court's refusal to award fees upheld (Fed. Cir.), 78:510
– Musical short copyright infringement, voluntary dismissal precludes fee award (9th Cir.), 78:299
– Software copyright infringement suit, fee award proper (U.S., rev den), 78:304
– Tie-dyed t-shirt designs not original, noninfringement summary judgment granted, attorneys' fees awarded (E.D. Pa.), 78:90
– Video compression technology, patentee participation in standards-setting organizations was bad faith, fee award granted (U.S., rev sought), 78:12; (rev den), 78:91

AUTHORSHIP

– County tribute song, co-author had authority to license to commissioning group, copyright infringement summary judgment reversed (7th Cir.), 78:440; plaintiff and lawyers sanctioned for filing frivolous second lawsuit (N.D. Ind.), 78:476