We’ve posted the following articles in the past
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CJEU rules on patent licensing question in Genentech
Blocking order available to IP owners in UK
IPOS open to soft IP for loan applications
All eyes on ASEAN
Federal Circuit reverses Section 101 invalidation of life
When brands meet art, public policy and genericide
Awards recognise anti-counterfeiting achievements
EPO to implement fundamental appeal reforms
June is busiest month for PTAB filing of 2016
Brexit 10 days on: latest developments
Online courts and the future of IP litigation
UPC scenario 5: Enforcing a patent inside and outside the
Beer trade mark disputes brewing
The more than 4,600 craft breweries in the US are
increasingly finding themselves in legal battles over trade
marks in beer and brewery names,
reports the Wall Street Journal. The USPTO has seen more
than 25,000 active registrations and applications related to
The article said most naming disputes get resolved out of
court or in USPTO proceedings. However, some go further, such
as when Brooklyn Brewery last year sued a California start-up
called Black Ops Brewing, claiming it violated a trade mark for
its expensive stout called Brooklyn Black Ops. After three
months of litigation and a preliminary injunction, the
California start-up is now called Tactical Ops Brewing.
The article says trade mark attorneys are even turning on
each other. A dozen lawyers are opposing San Diego lawyer
Candace Moon’s efforts to register "Craft Beer
Attorney" as a trade mark.
Thomson Reuters’ IP business sold
Onex Corporation and Baring Private Equity Asia will acquire
Thomson Reuters’ intellectual property and science
business for $3.55 billion.
The business’s portfolio includes Web of
Science, Thomson CompuMark, Thomson Innovation, MarkMonitor,
Cortellis and Thomson IP Manager. It is based in Philadelphia,
and employs about 4,100 people in more than 40 countries.
Fees sought in Stairway to Heaven case
Warner/Chappell is seeking $800,000 in fees and costs from
the losing plaintiff in the recent "Stairway to Heaven"
reports The Hollywood Reporter.
Michael Skidmore, a Trustee for the
estate of the band Spirit’s guitarist, Randy
"California" Wolfe, sued Led Zeppelin, claiming that the
band’s famous "Stairway to Heaven" was a rip off of
Spirit’s "Taurus". In June, a jury
decided there was no copyright infringement.
reported on this blog last week, Skidmore’s
attorney Francis Malofiy, has been suspended from practicing
law for three months after an appellate panel upheld a
recommended suspension for violating "various rules of conduct"
during a copyright trial over Usher’s "Bad
Warner/Chappell in its
memorandum in support of attorneys’ fees,
filed by Law Offices of Peter J Anderson, argues that
Skidmore’s assertion of "nearly half-century old
claims" had not been asserted before because any similarity
between the songs "results from the use of a centuries-old,
public domain descending chromatic line".
Warner/Chappell’s filing also claims that the
plaintiff "tried to tar" Jimmy Page and Robert Plant and
highlights Malofiy’s conduct during the trial,
such as resistance to discovery and ignoring pretrial rulings
barring certain evidence.
A hearing is scheduled for August 8.
The return of Megaupload?
Kim Dotcom plans to relaunch Megaupload in January 2017, reports the
BBC. The file-sharing site was shut down in 2012, after
accusations that copyright pirates used it heavily.
Dotcom revealed on Twitter that the new Megaupload would be
formally launched on January 20, five years to the day since
his home was raised. He said the new service would reinstate
the accounts of all former users of the original site.
He added the new version would give people 100GB of storage,
have no data transfer limits and let people synchronise all
their devices to it.
Nike in trade mark brawl with WWE
Nike is trying to smack down World Wrestling
Entertainment’s efforts to register the phrase
"Just Bring It" as a trade mark,
The WWE filed for federal trade
mark protection in October 2014 with the intent to use it in
connection with a variety of clothing.
Nike is opposing the application, arguing it is confusingly
similar to its "Just Do It" trade mark.
According to entertainment law attorney Darren Heitner, who
wrote the Forbes article, the WWE has a month to answer the
opposition. "The WWE promotes just bringing it, and Nike just
did it," concluded Heitner.
Teething troubles for PTAB E2E
The Patent Trial and Appeal Board’s new
processing system launched this week. The USPTO
recently announced that the Patent Review Processing
System was being replaced with a new system called
Patent Trial and Appeal Board End to End (PTAB E2E).
PTAB E2E uses a web browser (Chrome is the preferred
browser) and a step-by-step filing programme to enable
petitioners and patent owners to provide metadata and upload
PDF documents to the system. PTAB E2E also provides an
interface to the USPTO Next Generation financial system for
However, users reported some issues on the day the new
system was launched. For example, Oblon’s Scott
McKeown on Twitter commented: "PTABE2E is not ready for prime
time. This is a mess for filers today."