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United Kingdom: Interflora Wins Trade Mark Case Against Marks & Spencer - Harrison Goddard Foote - Patent and Trade Mark Attorneys

Thu, 20 Jun 2013 12:07:59 GMT

The High Court has ruled that Marks and Spencer’s use of "Interflora" on Google’s AdWords advertising service is an infringement of Interflora’s trade mark.

United Kingdom: Interflora Pours Weedkiller On Key Words - Charles Russell LLP

Thu, 20 Jun 2013 11:48:04 GMT

Interflora has recently obtained judgment in the High Court in London against Marks & Spencer for use of Interflora's registered trade marks as a Google AdWord.

Kazakhstan: Changes In The Licensing System Of The Republic Of Kazakhstan - GRATA Law Firm

Thu, 20 Jun 2013 11:34:07 GMT

At the end of December 2012 the Government of the Republic of Kazakhstan approved several legal acts in the sphere of licensing.

Canada: A Look At The Last Twenty Years Of Canadian Trade-Mark Licensing (Video Content) - Gowling Lafleur Henderson LLP

Thu, 20 Jun 2013 10:56:40 GMT

A review of the past twenty years since Canada amended its Trade-marks Act to permit quality controlled licensing of trade-marks.

Norway: Normative Marketing Activity As Indicator Of ""Genuine Use" - Bryn Aarflot AS

Wed, 19 Jun 2013 16:55:28 GMT

While the ONEL/OMEL decision has led to discussions on the geographical scope of use of a registered CTM, the Norwegian Industrial Property Office Board of Appeal has issued a decision referring to the quantitative requirements underlying the "genuine use" criterion.

France: French Supreme Court Confirms Use Of A Competitor's Trademark As Keyword – French Supreme Court, Decision of 29 January 2013, Nos. 11-21011 and 11-24713, Cobrason v. Solutions - Hogan Lovells (Paris) LLP

Wed, 19 Jun 2013 16:42:08 GMT

The French Supreme Court reaffirmed that a company is allowed to use its competitor's trademark as a keyword in Google's paid referencing service AdWords.

United States: Supreme Court Rules On Patent Eligibility Of DNA Sequences - Kilpatrick Townsend & Stockton LLP

Wed, 19 Jun 2013 14:47:49 GMT

A discussion on the recent Supreme Court ruling that a claim directed to a DNA sequence defined solely by its ability to encode a protein is not patent eligible subject matter because it occurs in nature, but a claim directed to a complementary DNA sequence remains patent eligible because such a sequence does not occur in nature.

United States: Supreme Court Agrees To Hear Case On Standing In Lanham Act False Advertising Cases - Proskauer Rose LLP

Wed, 19 Jun 2013 14:23:42 GMT

The U.S. Supreme Court recently granted the certiorari petition of Lexmark International Inc.

United States: Pfizer Obtains $2.15 Billion Settlement From Teva And Sun For Infringement Of Protonix® Patent - WilmerHale

Wed, 19 Jun 2013 13:29:47 GMT

Pfizer Inc. recently announced a $2.15 billion settlement reached with Teva Pharmaceuticals Industries, Limited and Sun Pharmaceutical Industries, Limited for patent-infringement damages resulting from their "at-risk" launches of generic Protonix® in the United States.

South Africa: Issue 075 | Braai Salt - Moore Attorneys

Wed, 19 Jun 2013 13:25:49 GMT

A discussion on a rare trade mark decision from the Eastern Cape High Court recently.

United States: Counterfeits, Trademark Infringement, And Contributory Liability: Your Vendors Are Your Problem - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Wed, 19 Jun 2013 13:15:29 GMT

Counterfeit goods seem to be everywhere, and efforts to police their ubiquitous existence often seem futile.

United States: Supreme Court Rules On "Reverse Payment" Settlements In Federal Trade Commission v. Actavis, Inc. - Fenwick & West LLP

Wed, 19 Jun 2013 13:13:29 GMT

The U.S. Supreme Court recently held in Federal Trade Commission v. Actavis, Inc. that so-called "reverse payment" settlement agreements should be analyzed under a rule-of-reason analysis.

United States: DNA And Genetics Patents: What Impact Will The Myriad Decision Have? - Dentons

Wed, 19 Jun 2013 12:40:34 GMT

Continuing a trend of narrowing the scope of patentable subject matter, the US Supreme Court's recent "Myriad" decision held that naturally occurring "isolated DNA" sequences are not patentable subject matter.

United States: Emblaze V. Apple: Court Orders Parties To Meet And Confer Over Motion To Compel After Emblaze Fails To Justify How Apple's Search Terms Were Unduly Burdensome - Jeffer Mangels Butler & Mitchell LLP

Wed, 19 Jun 2013 12:28:44 GMT

In this patent infringement action, Apple moved to compel production from Emblaze based on search terms that Apple provided.

Canada: Supreme Court Denies Leave In Takeda Canada Inc. v. Minister of Health, Attorney General of Canada - Bereskin & Parr LLP

Wed, 19 Jun 2013 12:18:47 GMT

The Supreme Court of Canada denied leave to appeal today from the Federal Court of Appeal (the decision in Takeda Canada Inc. v. Minister of Health, Attorney General of Canada, 2013 FCA 13.

United States: Business News Digest - June 2013 - Venable LLP

Wed, 19 Jun 2013 11:38:47 GMT

Venable attorneys produce periodic alerts and newsletters covering a variety of topics and practice areas.

United States: Supreme Court Rules That Isolated Human Gene Is Not Patent Eligible In "AMP v. Myriad" - Ropes & Gray LLP

Wed, 19 Jun 2013 09:10:08 GMT

The Supreme Court recently that an isolated but otherwise unmodified segment of human DNA was not eligible for patent protection under 35 U.S.C. § 101.

United States: Costco Claims Tiffany Is Generic - Katten Muchin Rosenman LLP

Wed, 19 Jun 2013 00:00:00 GMT

One of the biggest threats to a brand owner is genericide, whereby widespread usage of a mark in the marketplace causes the term to be considered by the public to be a generic term for a particular product rather than a source identifier.

Canada: IP Monitor - Patenting The Correct Dosage: New Patent Office Guidelines Difficult To Swallow - Norton Rose Fulbright Canada LLP

Tue, 18 Jun 2013 17:00:32 GMT

On June 10, 2013, the Canadian Intellectual Property Office (CIPO)1 issued a guidance document for patent examiners (the "Notice") on examining claims to medical uses.

United States: Supreme Court Strikes Down Patents on Isolated DNA - Brinks Hofer Gilson & Lione

Tue, 18 Jun 2013 16:04:08 GMT

In a unanimous decision in Association for Molecular Pathology, et. al. v. Myriad Genetics, Inc. et. al., the U.S. Supreme Court found "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," but cDNA (a synthetic or man-made DNA molecule) is patent eligible because it is not naturally occurring.

Ireland: European Lawyer Reference: Distribution And Marketing Of Drugs 2013 - Irish Chapter - Arthur Cox

Tue, 18 Jun 2013 14:27:03 GMT

The European Lawyer Reference Series: Guide to the Distribution and Marketing of Drugs 2013 provides practical information on the sale, promotion, distribution and marketing of drugs in an easy-to-read "question and answer" format.

Netherlands: Escitalopram (Cipralex®) - Supreme Court Partly Reverses The Decision Of The Dutch Court Of Appeal - Nederlandsch Octrooibureau

Tue, 18 Jun 2013 12:49:15 GMT

Lundbeck’s patents protecting their blockbuster Cipralex® have been subject to invalidation actions around the globe for already quite some years.

United States: More About Trademark Surnames: The Borghese Dispute - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Tue, 18 Jun 2013 11:53:44 GMT

Right on the heels of our surname blog comes a New York Times article on a long-running trademark litigation over rights to the Borghese surname.

United States: Human Genes Are Not Patent Eligible Subject Matter - Pepper Hamilton LLP

Tue, 18 Jun 2013 11:33:12 GMT

The U.S. Supreme Court recently held that human genes are not patent eligible subject matter under 35 U.S.C. §101 simply because they have been isolated from the surrounding genetic material.

United States: The New Prior User Rights Defense: How Often Will It Be Asserted? - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Tue, 18 Jun 2013 10:36:18 GMT

Under the AIA, congress sought to expand the scope of the prior user rights under 35 U.S.C. § 273 to be commensurate with protections in many other countries.