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February 2006
First Suits Filed Under Washington Spyware Law (February 7, 2006)
Microsoft Corp. and Washington State have filed suits against Secure Computer LLC under the recently enacted Washington Computer Spyware Act and the federal CAN-SPAM Act. These statutes bar software providers from falsely telling consumers they need to download spyware-removal or other purported computer security programs. The suit alleges that Secure Computer violated the laws by promoting its software programs, which purportedly convinced people, falsely, that their computers were infected with spyware or other harmful programs to induce them to download the commpany's products
IN addition to the Spyware Act and CAN-SPAM claims, Microsoft's suit allges that Secure Computer has infringed on its tradaemarks by its use of its marks such as "Microsoft" and "Internet Explorer," and it claims trademark infringement and fals designation of origin under the Lanham Act.
Speech-Recognition Technology Company Sues Automated Phone Service Provider (February 17, 2006)
Nuance Communications Inc. filed a lawsuit against privately held Tellme Networks Inc. for Tellme's alleged infringement on patents covering technology for receiving voice input and database query techniques. Nuance provides Tellme speech-recognition technologies that Tellme licenses to manage phone systems for voice-driven automated customer services and for 411 directory information.
January 2006
Sony Wins $6 million Case Against Infringer (January 18, 2006)
Sony Computer Entertainment America Inc. won a $6 million judgment against Steve Filipiak, a seller of computer chips designed to circumvent the copyright protections in Sony's PlayStation video game systems. The chips made it possible for players to play unauthorized copies of PlayStation video games which is a violation of the Digital Millenium Copyright Act Filipiak allegedly sold more than 7,000 chips from 2002 to 2004.
New York Landlords Ban Sale of Counterfeits (January 25, 2006)
Eighteen landlords of Canal Street buildings have agreed to ban the sale of counterfeit Louis Vuitton bags on their premises. The counterfeit designer bags and accessories are a major drqw to Canal Street for tourists. The landlords have agreed to post signs regarding the ban on the sale of the bags and to allow federal court-appointed monitors full access to their buildings for purposes of inspection. Additionally, landlords agreed to add to their leases a clause banning the sale of counterfeit bags.
The Flamingoes Win Arbitration Award From Pepsi (January 30, 2006)
PepsiCo, Inc. has been ordered to pay following an arbitrator's decision in favor of The Flamingoes, a doo-wop band from the 1950s. PepsiCo used The Flamingoes' song "I Only Have Eyes For You" in an advertising campaign without the band's permission. Pepsi failed to seek permission or pay for the use of the song before using it in its advertisment.
November 2005
Starbucks to Win Back Trademark Rights in Russia (November 17, 2005)
After a long battle with a "trademark squatter," Starbucks is expected to receive a favorable decision from the head of Russia's intellectual property agency. The decision will effectively give Starbucks the right to open coffee houses in Russia. There are currently no Starbucks stores in Moscow.
The high profile case is considered to be a test of Russia's intellectual property waters. The US has been concerned with widespread music and video piracy in Russia, as well as trademark and patent violations there. The case will be an indicator of Russia's commitment to ending pervasive intellectual property infringements.
GM Reaches Settlement with Chinese Automaker (November 20, 2005)
General Motor, Corp. settled with Chinese automaker Chery Automobile, Co. in a battle over the alleged piracy by Chery of GM's Spark minicar. GM accused Chery of pirating the design for their Chery QQ from GM's Spark. GM also says that "Chery" sounds too similar to "Chevy," the popular name for GM's Chevrolet brand.
Chery has agreed not to market its cars under the name Chery in the US. The settlement provides that GM and Chery will take no further legal action against each other. Further settlement details were not released.
American Idol Host Settles Dispute (November 29, 2005)
'American Idol' host Simon Cowell has settled a copyright infringement suit brought by 'Idol's producer Simon Fuller. Fuller accused Cowell of stealing creative portions of 'Idol' for his own television show, 'X-Factor.'
The two sides declined to discuss the terms of the settlement. Cowell told British reporters that he and Fuller are on good terms. "We're delighted with the outcome. People think we hate each other but we don't. We're good friends," said Cowell.
October 2005
USPA and Jordache Infringe on Horsemen Trademark (October 20, 2005)
Polo Ralph Lauren filed suit in 2000 against United States Polo Association and Jordache Limited to stop an alleged infringement on its famous horsemen logos. After a jury trial, the jury found that of four logos, one, which featured a solid double horsemen design, did infringe on Polo Ralph Lauren's marks but that three others did not. The three other logos included a design of a solid double horsemen logo that included the letters "USPA" and logos featuring the outline of two horsemen.
Teva Settles Patent Infringement Suit (October 19, 2005)
Teva Pharmaceuticals Industries Ltd. said it has settled a patent-infringement lawsuit with Wyeth over the company's generic version of Wyeth's antidepressant drug Effexor. Terms of the settlement were not disclosed.
August 2005
Amazon.com Settles Patent Infringement Suit (August 11, 2005)
Amazon.com, Inc. paid $40 million to Soverain Software LLC to settle a patent-infringement lawsuit. Soverain, a small Chicago-based company, alleged that Amazon.com infringed several of Soverain patents on network sales systems and Internet server access control and monitoring systems.
NTP filed suit against Research in Motion (RIM), the company that makes BlackBerry wireless e-mail devices, alleging that RIM infringed five of its patents that cover the electronic mailing system. After a jury trial, a District Court found infringement and awarded NTP 53.7 million in damages. In addition, RIM was permanently enjoined from further infringement of NTP’s patents. RIM appealed to the Court of Appeals for the Federal Circuit. Included in its arguments on appeal, RIM argued that since a component of the BlackBerry device was located in Canada, the Canadian location of the device precluded its liability for patent infringement because it was not used within the United States. On rehearing, the Federal Circuit reversed or vacated several of the infringement claims against RIM and remanded them to the District Court for further proceedings. In addition, the court vacated the damages award and injunction.
July 2005
Website Sues Amazon for Copyright Infringement (July 3, 2005)
Perfect 10 Inc., an adult entertainment website has sued Amazon. Perfect 10 Inc. seeks an injunction and damages against Amazon and its search engine subsidiary, A9.com, for infringing on thousands of the website's images by giving internet users an unauthorized free look at its images without its permission.
Nestle Requests Trademark for Slogan (July 7, 2005)
The European Court of Justice has sent Nestle SA’s trademark request for the slogan "Have a Break" for its Kit Kat bars back to the British Courts to determine whether the slogan is distinctive enough to receive a trademark. Nestle has a protected trademark for the slogan "Have a Break ... Have a Kit Kat," and in 1995, Nestle applied to have the partial slogan "Have a Break" registered for all chocolate products.
June 2005
World Intellectual Property Organization Opens Office in Asia (June 7, 2005)
The World Intellectual Property Organization opened its first Asian office on Tuesday. The organization will address the problem of Internet file-sharing in Asia. Greater access to the Internet has contributed to the rising piracy problem in Asia. Although the problem of Internet file-sharing is not widespread in developing Asian countries yet, the rising number of Internet users in Asia is growing, and the problem has the potential to be severe if it is not addressed quickly.
Coffee Growers Seek EU Label Protection (June 13, 2005)
The National Federation of Coffee Growers of Colombia applied to register "cafe de Colombia” as a protected food name with the European Commission. They are the first foreign food producers to seek protection for their product under European Union rules. Under the EU rules only goods produced in a particular region, using traditional methods can use labels. The EU says its rules to protect local foods are needed to give customers a quality guarantee and safeguard traditional products.
Committee Clears Software Patent Law (June 21, 2005)
The Legal Affairs Committee approved a proposal that allows patent protection for high-tech innovations to span throughout the European Union. The patent protection will cover innovations including those in washing machines or cellular phones and will also extend to computer programs, but only when the software is used in the context of realizing inventions. The bill will be voted on by the entire Parliament in July, and then it will proceed to seek approval by the EU assembly and government before it is enacted.
Supreme Court Allows Internet File Sharing Suits (June 27, 2005)
The Supreme Court reinstated a copyright-infringement suit against two file-sharing services, Grokster and StreamCast Networks. The Supreme Court reversed two lower federal court opinions that dismissed the lawsuit; the Court found that the lower courts did not take into account the evidence that the companies’ business models encouraged copyright infringement. Further, the Court suggested that there was strong evidence that the companies encouraged customers to engage in copyright infringement and that the companies should be found liable for copyright infringement.
May 2005
Government Imposes Criminal Enforcement Against Websites Engaging in Piracy
(May 26, 2005)
Federal agents of the U.S. Immigration and Customs Enforcement, a unit within the U.S. Department of Homeland Security, the Justice Department and the Federal Bureau of Investigation, launched a campaign to crackdown on online theft of copyrighted works. The campaign’s goal is to shut down illegal operations as quickly as possible to protect the victims of piracy from serious financial damage. The campaign led to the criminal enforcement action against users of a file-sharing program known as BitTorrent, a new technology that was used to steal and offer the latest "Star Wars" movie on the internet before it was released to the theaters.
Broadcom Sues Qualcomm Over Patents (May 19, 2005)
Communications chip maker Broadcom Corp. filed two lawsuits and an unfair trade complaint against Qualcomm Inc., alleging Qualcomm infringed 10 Broadcom patents including its patents with circuits for wireless devices, including its QChat push-to-talk technology. Broadcom seeks unspecified damages and a permanent injunction barring Qualcomm from selling these circuits, and it has asked the U.S. International Trade Commission to stop certain Qualcomm imports.
Analect Seeks Injunction Barring Rival’s Use of Method for Managing Deferred-Pay Plans (May 16, 2005)
New York financial services company, Analect LLC, filed a federal lawsuit claiming an English rival, Executive Wealth Management Ltd. interfered with its exclusive license to market a method for managing financial risks and tax liabilities, developed and patented by Goldman Sachs & Co. Analect alleges that EWM misappropriated trade secrets in a deal allowing investment bank Morgan Stanley & Co. to use the method in the administration of its non-qualified deferred-compensation plans without paying Analect. Analect seeks an injunction barring EWM from continuing to use the swap-facilitation system or any similar system and unspecified damages. In response, EWM disputes Analect's claim that the system was originally developed by Goldman.
District Court Allows Infringement Suit Over Teddy Bear Clothing To Proceed
(May 12, 2005)
The Boyds Collection Ltd., plush-bear manufacturer, filed a copyright infringement suit against competitor The Bearington Collection Inc. in the U.S. District Court for the Middle District of Pennsylvania over its copyrighted plush-bear clothing designs. Bearington moved for summary judgment on grounds that Boyds’ copyrights were invalid since copyright law excludes "useful articles" including clothing for people. However, the court found that clothing for toys and dolls is not necessarily considered a “useful article” and therefore, the copyrights were potentially valid and the infringement claims should be allowed to proceed.
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