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General IP News

  • do retailers proximately cause the harm of false advertising? [what about of TM infringement?]
    In Re Outlaw Laboratory, LP Litig., No. 18-cv-840-GPC-BGS, 2019 WL 6497883 (S.D. Cal. Dec. 3, 2019)Outlaw is doing a pretty good job of establishing the previously contestable—and inconsistent with trademark law—rule that retailers aren’t liable for false advertising that appears on products they sell. One would think at least secondary ... Read More
    Source: TushnetPublished on 2019-12-06By Rebecca Tushnet
  • Design Law Scholars Roundtable part 2
    Session 2: Legal Protection for DesignIntroduction: Chris Sprigman: what kinds of protection should be available depends on what the justifications for protection are. Incentives: requires us to ask about motivations of designers, the companies that employ them. Design of jet engines may not work the same as design of soda ... Read More
    Source: TushnetPublished on 2019-12-06By Rebecca Tushnet
  • Design Law Scholars Roundtable part 3
    Session 3: Shaping an Overall Approach to ProtectionIntroductions: Jerry Reichman and Estelle Derclaye  In what ways should different forms of protection be tailored to various types of subject matter (construed legally as forms of intellectual property, but also subject matter construed socially or commercially)? How, if at all, should we ... Read More
    Source: TushnetPublished on 2019-12-06By Rebecca Tushnet
  • Design Law Scholars Roundtable (Notre Dame) part 1
    I have just now gotten around to my notes from this excellent roundtable.Introduction: Mark McKenna & Graeme DinwoodieWhy do a roundtable like this? Putting together scholarly discussion for long-term outputs rather than particular works in the short term. Also developing a reading list/canon, which is particularly useful for design where ... Read More
    Source: TushnetPublished on 2019-12-06By Rebecca Tushnet
  • A press release about a lawsuit against a supplier wasn’t commercial speech
    Townsend Farms, Inc. v. United Juice Corp., --- Fed.Appx. ----, 2019 WL 6358780, No. 18-55067, No. 18-55068 (9th Cir. Nov. 27, 2019)Townsend included pomegranate arils supplied by Göknur in its Townsend Farms Organic Antioxidant Blend; some of those arils were contaminated with hepatitis A. After consumers of the frozen fruit ... Read More
    Source: TushnetPublished on 2019-12-06By Rebecca Tushnet
  • Knives Out for storage jars (copyright geeks, that is)
    I very much enjoyed Knives Out and recommend it even for non-copyright geeks, but I suspect that some of the despicable family members didn’t need to despair so much about being cut out of the patriarch’s will. Based on the description in the movie, the patriarch had transferred his copyrights ... Read More
    Source: TushnetPublished on 2019-12-06By Rebecca Tushnet
  • Class Action Against Rami Levy for Passing Off and Deceiving the Public
    KetchupRami Levy is a leading supermarket chain. They produce a wide range of own-name products that are cheaper than the brand leaders and which they claim are of similar quality and taste. In the past, we’ve ... Read More
    Source: The IP FactorPublished on 2019-12-02By Dr Michael Factor
  • Lions square up in fight for territory
    Zimbabwe: Lion Match Proprietary Limited is a South African company trading in Zimbabwe some years ago through a subsidiary, Lion Match Zimbabwe Limited (initially Lion Match Rhodesia Limited). The latter was sold including its trademark and goodwill and the Lion Match brand continued in the country first with both companies ... Read More
    Source: Afro IPPublished on 2019-11-29By Afro-Buff
  • Khoi and San communities to benefit from rooibos products
    On the 1st of November 2019 and as reported by a broad spectrum of publications listed below, the Honeybush Rooibos and Honeybush Traditional Knowledge Benefit Sharing Agreement was signed. It accords Khoi and San communities with a one-year pilot providing them with a 1.5% benefit of the farm gate price ... Read More
    Source: Afro IPPublished on 2019-11-29By Afro-Buff
  • Mauritius’s new Industrial Property Act: Mr Marius Schneider explains.
    In March 2019 Mauritius passed the Industrial Property Act (the Act). The Act promises to improve intellectual property systems and to facilitate ease of process in matters concerning this sector. It aligns Mauritian intellectual property law with international treaties such as the Madrid Protocol and the Hague Agreement. While signed ... Read More
    Source: Afro IPPublished on 2019-11-29By Afro Chic
  • Questions and answers surrounding the Copyright Amendment Bill
    The Copyright Amendment Bill of 2019 (CAB/the Bill) in South Africa raises many questions surrounding how this piece of pending legislation will function if it is passed into law in its current form. The Bill has caused much controversy among both creators and practitioners and it is important that parties ... Read More
    Source: Afro IPPublished on 2019-11-29By Afro Chic
  • December Lecture in Taipei; January in Beijing
    I will be speaking on December 5 at NCCU on licensing and litigation during the trade war.  Here is the announcement (in Chinese): 人工智慧與網路治理」專題演講 : When IP Systems Collide: US-China Transnational IP Litigation and Licensing 主講人: Director Mark Cohen (柯桓主任) Berkeley Center for Law and Technology (BCLT), UC Berkeley (美國加州柏克萊大學科技與法律中心) ... Read More
    Source: China IPRPublished on 2019-11-27By Mark Cohen (柯恒)
  • Updates for Egypt, Uganda, Zambia, Rwanda, Tunisia and Mauritius
    Although it was anticipated that the cost of filing trademarks and designs in Egyptwould increase, this has been placed on hold. For more information and for assistance in filing and related matters, click here.In the recent matter of Sigma-Tau Industrie Farmaceutiche Riunite v Amina Limited, it was decided that international ... Read More
    Source: Afro IPPublished on 2019-11-27By Afro Leo
  • The Copyright Amendment Bill- A bid to save the poor?
    The Copyright Amendment Bill is a controversial piece of pending legislation that has led to much discord in the IP community. Many seem to think that it completely disharmonises the system of creation and control- one of the hallmarks of copyright law in national and international systems. With a world-first ... Read More
    Source: Afro IPPublished on 2019-11-27By Afro Chic
  • November Update: CAB
    In April 2019, the office of the President of South Africa was petitioned not to sign the Copyright Amendment Bill into law. It was thought by some that the outcomes of the promulgation of this pending legislation would have devastating effects on creators of work as well as the economy ... Read More
    Source: Afro IPPublished on 2019-11-27By Afro Chic
  • 10 Million Shequel Claim for at Risk Launch of Generic Viagra Thrown Out
    tarim-100_8-engThe original patent for Viagra (Israel patent IL 98482) had very broad and sweeping claims that covered billions of molecules, only a small number of which cause blood vessel dilation that allows treatment of erectile dysfunction. Teva managed ... Read More
    Source: The IP FactorPublished on 2019-11-27By Dr Michael Factor
  • PA and PoA – West Bank
    power of attorney Following the appointment of a new Trademark Registrar, the Palestinian Authority in the West Bank has introduced some new practices relating to powers of attorney (PoA) that are effective since November 2019. The ... Read More
    Source: The IP FactorPublished on 2019-11-26By Dr Michael Factor
  • New CPC and State Council Opinions on Improving IP Protection
    On November 24,  2019, the General Office of Communist Party of China and the State Council jointly released the Opinions Concerning Enhancing Intellectual Property Rights Protection (关于强化知识产权保护的意见). It is often too easy to dismiss documents like these, that have typically delivered an ephemeral higher state of vigilance by the Chinese ... Read More
    Source: China IPRPublished on 2019-11-26By Mark Cohen (柯恒)
  • Appellation of Origin, BDS and Labeling
    יקבי יהודהThe Judean Regional Council has successfully applied for and obtained an Appellation of Origin for wines grown in the region under the name Yehuda (– Judea). In a separate event that is perhaps related, the Psagot ... Read More
    Source: The IP FactorPublished on 2019-11-25By Dr Michael Factor
  • Hague Training Event
    haagen-dazThe Israel Patent Office and WIPO are hosting a seminar on the Hague Syatem for registering industrial designs internationally. The Event will be held on 18 December 2019 between 9 AM and 2 PM at Bet Hadar Dafna, ... Read More
    Source: The IP FactorPublished on 2019-11-24By Dr Michael Factor
  • ACTIVE SPORT Not Considered Distinctive
    active sport.pngUnilever PLC has applied for an Israel trademark for the  phrase ACTIVE SPORT for Soaps; perfumery, essential oils, cosmetics; colognes, eau de toilette, perfume body sprays; oils, creams and lotions for the skin; talcum ... Read More
    Source: The IP FactorPublished on 2019-11-24By Dr Michael Factor
  • false advertising claims against competing media nonprofit can continue under broad theory of commercial speech
    Tang v. Guo, 2019 WL 6169940, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 20, 2019)The previous complaint was dismissed for failure to sufficiently allege commercial speech; the court now finds it sufficiently alleged because the media defendant had a “donate” button and competes with the media plaintiff; query whether under ... Read More
    Source: TushnetPublished on 2019-11-22By Rebecca Tushnet
  • Foreign Investment Law Implementing Regs Open For Public Comment: Administrative and Punitive Enforcement Ascends Again
    The Ministry of Justice had published a draft of the Foreign Investment Law Implementing Regulations for public comment.  Chinalawtranslate has prepared an English translation of the proposed regulations and of the law itself.   The due date for submitting comments is December 1.  The US-China Business Council has graciously already made ... Read More
    Source: China IPRPublished on 2019-11-21By Mark Cohen (柯恒)
  • (c) profits expert excluded for failure to tie profits to specific photos copied, instead of photos in general
    Yellowpages Photos, Inc. v. YP, LLC, 2019 WL 6033084, No: 8:17-cv-764-T-36JSS (M.D. Fla. Nov. 14, 2019)YPPI sued YP alleging infringement of YPPI’s copyrights, and sought disgorgement of the profits derived therefrom. Its expert, Brown, was offered to opine on whether revenue received from the sale of ads containing one or ... Read More
    Source: TushnetPublished on 2019-11-19By Rebecca Tushnet
  • general allegations of harm to Legalforce from TM scammer sufficed for Lexmark standing
    Legalforce RAPC Worldwide P.C. v. Glotrade, No. 19-CV-01538-LHK, 2019 WL 6036618 (N.D. Cal. Nov. 14, 2019)Legalforce “offers services including trademark preparation and prosecution, patent preparation and prosecution, copyright registration and counseling, international trademark and patent filings, and corporate formation and stock and equity structuring.” Mailer companies allegedly “use publicly available ... Read More
    Source: TushnetPublished on 2019-11-19By Rebecca Tushnet
  • More Kona coffee: false designation claims under 43(a)(1)(A), but not (B), can target retailers
    Two more opinions here, one about the meaning of "origin" in 43(a)(1)(A) and one about the liability of retailers for false advertising and false designation of origin.Corker v. Costco Wholesale Corp., No. C19-0290RSL, 2019 WL 5895430 (W.D. Wash. Nov. 12, 2019)The difference in treatment of claims against retailers of third ... Read More
    Source: TushnetPublished on 2019-11-19By Rebecca Tushnet
  • Pot site’s negative report on CBD from hops wasn’t commercial speech
    Peak Health Center v. Dorfman, 2019 WL 5893188, No. 19-cv-04145-VKD (N.D. Cal. Nov. 12, 2019)Peak allegedly sells plant-based pharmaceuticals and supplements, including an exclusive strain of Humulus yunnanensis, a hops plant, as a source of cannabidiol (CBD). This source of CBD is potentially valuable given the constraints on hemp and ... Read More
    Source: TushnetPublished on 2019-11-19By Rebecca Tushnet
  • right of publicity question of the day, RBG edition
    Right of publicity question of the day: leopard print shirt made of Ruth Bader Ginsburg portraits. Discuss.http://tushnet.blogspot.com/feeds/posts/default?alt=rss ... Read More
    Source: TushnetPublished on 2019-11-19By Rebecca Tushnet
  • Israel Court Rules Record Copyright Infringement
    dorit gal imageIn one of Israel’s larger copyright payout rulings, the father and son team that operated a pair of art galleries were ordered to pay 600,000 Shekels compensation and a further 200,000 Shekels ... Read More
    Source: The IP FactorPublished on 2019-11-14By Dr Michael Factor
  • Colorado labeling doesn’t dispel potential falsity of “Kona” for coffee
    Corker v. Costco Wholesale Corp., 2019 WL 5887340, No. C19-0290RSL (W.D. Wash. Nov. 12, 2019)Plaintiffs, coffee farmers in the Kona District of the Big Island of Hawaii, alleged that defendant Boyer’s falsely designates the geographic origin of its coffee products as “Kona,” prominently placing the word Kona on the front ... Read More
    Source: TushnetPublished on 2019-11-13By Rebecca Tushnet