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  • The USPTO has now received three applications to register variations of the phrase Occupy Wall Street as a trade mark.
  • India’s Darjeeling tea has been given protected geographical indication status in the EU.
  • Movie-streaming service Zediva was too clever for its own good, according to one law professor
  • Two Federal Circuit judges who dissented yesterday from a majority decision to deny review in a case about claim construction have revealed the seriousness of the problem with interpreting claims in US courts
  • Edward Conlon picks through the sceptical questions posed to speakers on a recent web seminar
  • Trade mark specialist Guizeng Liu has left CCPIT Patent and Trademark Law Office to form Hanhow Intellectual Property Partners in Beijing, a full-service IP firm comprising 29 lawyers. Liu has three other partners: Zhu Haibo and Feng Pu from King & Wood, and Justin Wong from China Patent Agent (HK).
  • Lego has lost its first UDRP case in nearly 300 disputes because legoworkshop.com was used in a non-commercial manner, despite claims that it generated click-through revenue.
  • Free access: A method for rapid fish beheading, a gun for firing grasshoppers and a mechanism for extracting blood? It has to be Halloween
  • The US Supreme Court has begun hearing a case that tests whether Congress has the power to confer copyright on works that are in the public domain. The Court has to answer two questions: First, whether taking works from the public domain is within Congress's power as outlined in the "limited times" provision of the Copyright Clause. Second, even if it were, did Section 514 of the Uruguay Round Agreements Act – which revived copyright protection for works previously in the public domain – violate the First Amendment? Chief Justice John Roberts said on the first day of hearings that there's something "at an intuitive level" appealing about the second argument. "One day I can perform Shostakovich; Congress does something, the next day I can't," he said. Even if the appeal is unsuccessful, the case might force the Supreme Court to set a standard in determining whether copyright laws are in compliance with the First Amendment.
  • IP owners with trade marks in Europe should review their portfolios before the IP Translator decision to avoid losing the scope of their rights. After a hearing last month, judges at the Court of Justice are considering questions referred to them in a dispute over the scope of protection provided by class headings in trade mark applications.