Search results for

Human embryonic stem cell research provides hope to those who suffer from some of the world's incurable diseases. Helen Cline, Anoushka Myers and Lawrence Harrison examine the legality and regulation of research on embryos in Europe and the US

Has trade mark protection gone too far? Are brand owners too aggressive in pursuing broad-based claims against non-competitors? MIP asked two distinguished analysts to debate the role of trade marks in society. Tom Moore, who has reservations about the use of trade mark rights, opens the correspondence, and Bruce Lehman responds

CANADA: Percy Schmeiser, a 70-year old farmer, lost a patent infringement suit against Monsanto Canada. Monsanto claimed Schmeiser infringed the GM Canola patent by growing and selling crops from seeds blown into his garden. UK: A British court ruled in favour of Amgen in its patent infringement suit against Roche Holding and Transkaryotic Therapies (TKT). Roche and TKT were held to infringe the Epogen patents in the UK. US: Fruit of the Loom is accusing competitor Gildan Activewear of stealing trade secrets. Fruit of the Loom alleges that former manager Elizabeth Walton passed critical documents to her ex-employer David Cherry. US: Jupiter Media Metrix reached a settlement in its patent infringement suit forcing PC Data out of the business of tracking internet usage. Jupiter also filed suits against two other competitors, NetValue and NetRatings, for patent infringement. Jupiter was represented by Daniel R Harris of Brobeck, Phleger & Harrison. US: Monsanto and Aventis Crop Science settled two lawsuits against each other and agreed to avoid patent roadblocks to the development of genetically improved cotton varieties. Part of the settlement includes cross-licensing under existing cotton transformation patents. US: Pfizer filed a trade mark suit against Lara Williams for using the name Niagara for a fizzy drink. Pfizer contends Niagara is being promoted as Viagra for women. US: Pharmacia filed a trade mark suit against Alcon Laboratories for selling a competing drug with a similar name. Pharmacia allege their drug Xalatan has been harmed by Alcon naming its glaucoma drug Travatan. US: PrimeTime 24 Joint Venture lost its Supreme Court appeal against the National Football League to transmit NFL games to customers in Canada. PrimeTime argued that federal copyright law did not apply outside the US, but the Court held the company's actions violated NFL's copyright. US: Savin Corporation won its preliminary injunction against Main Street Copier & Fax Repair, who operated websites under domain names, incorporating trade names owned by Savin. Savin was represented by David A Einhorn, Andrea Pincus and James M Andriola of Anderson Kill & Olick. US: SunTrust Bank won its suit against Alice Randall for copyright infringement, over her book The Wind Done Gone. SunTrust bank accused Randall of infringing the copyright of the classic novel Gone with the Wind. US: Twelve major Hollywood studios won their case against RecordTV.com, which must pay the studios $50,000 (£35,714) in legal costs. Robert Schwartz of O'Melveny & Myers in Los Angeles represented the studios.

The full, unedited, interview with Marshall Phelps, covering his role at IBM, software patenting and many other topics.

The Tokyo High Court has upheld the Japanese Patent Office ban on obtaining trade marks for retail services. The internationalization of the country’s trade mark system could persuade the authorities to change their stance, say Shusaku Yamamoto and John Tessensohn

The Tokyo High Court has upheld the Japanese Patent Office ban on obtaining trade marks for retail services. The internationalization of the country’s trade mark system could persuade the authorities to change their stance, say Shusaku Yamamoto and John Tessensohn

In the spotlight: Woody Ritchey, Chief Executive Officer, Delphion

Interview: James Rogan James Rogan, the new director of the USPTO, speaks to Sam Mamudi about being at the helm of one of the most influential IP organizations in the world at a time of enormous challenge and growth

Practitioners in the US and Canada face the prospect of exciting changes in the future as courts tackle fundamental issues about the limits of trade mark and copyright protection. James Nurton reports

Following our article on generic domains in Europe in the February issue, Martin Schwimmer examines how the USPTO and US courts have treated trade mark applications consisting of domain names