Reports indicate that Nokia and Apple have been at war with each other since October 2009 over various patents to smartphones. If Apple loses, they may even be prevented from selling the iPhone in the United States. A hearing is set for this week in front of the International Trade Commission.
Archive for November, 2010
The social-networking giant was just given a green light in its efforts to trademark the word “face.” The company’s efforts have moved Facebook’s pursuit of face past the opposition period, according to the U.S Patent and Trademark Office, and a Notice of Allowance has been issued.
The famous and wildly popular 1990′s Nintendo game “Donkey Kong” is the basis for a new trademark application in the Patent and Trademark Office. Donkey Kong, originally an arcade game in the 1980′s, resulted in spin-off games by Nintendo, the most famous titled ”Donkey Kong Country.”
Reports indicate that the pop-culture phrase “Its On Like Donkey Kong,” which has been used in songs, movies and television well past the peak of the actual video games, may soon be the property of Nintendo if the application is successful.
Coincidentally, Nintendo is set to release a new game “Donkey Kong Country Returns” on November 21.
Walgreens recently sued the New York based supermarket chain Wegman’s Food Markets, Inc. over the use of the “W” style in their name. Reports state that Walgreens did not first issue a cease and desist letter to Wegman’s, and instead filed suit against them claiming Trademark Infringement on the basis that the style is too close to the style of the “W” that Walgreens uses.
Wegman’s also reportedly stated in defense that they have been using that style ”W” since the 1930′s, and the new “W” used by Walgreens, beginning in 2008, is actually a replica of their supermarkets.
Recent changes in the law now allow for anyone to sue a business that keeps expired patent numbers on their products.
Essentially, any person can check a patent number to determine if it is expired. If it has expired, and the products are still being sold with that number, they are subject to suit. The basis behind the law is the notion that you are notifying the public that replication of the product is subject to violation of that particular patent. If the patent has expired, this may be considered misleading.
This new law has raised many concerns about the floodgate of suits that may arise as a result. Reports also indicate that the fine is now at $500.00 for each violation.
If you have any questions or concerns regarding your patent rights or patent protection, please feel free to contact our office at 954-351-7474.
Recent reports by the Office of State Courts Administration show that Florida has used its $6 Million allotment award to push through almost 66 thousand foreclosure cases since July 1, 2010.
Reports further indicate that most circuits used their portion of the allotment to hire additional staff to work solely on foreclosures in order to push the cases through. Despite clearing several cases from the docket, through summary judgments or otherwise, the Reports also show that almost 400 thousand cases still remain in the Florida courts.
Easily argued as one of Fox’s most successful TV shows, the hit “Glee” seamlessly inserts dry comedy into a musical. Glee focuses on a group of high school kids who, albeit social stigma, break into song and dance featuring both current top-10 and greatest hits of some well-known artists. Among them? Britney Spears, Madonna, and even Depeche Mode.
All this entertainment doesn’t come without a price, however. All of the songs featured on Glee, whether in their entirety, or featured as a derivative work containing a mash-up of two or more songs, require a license of some kind. As so appropriately quoted in the article Copyright: The Elephant in the Middle of Glee Club, “the [Glee] club helps cheerleading coach Sue Sylvester film a near-exact copy of Madonna’s Vogue music video. (the real-life fine for copying Madonna’s original? up to $150,000). Just a few episodes later, a video of Sue dancing to Olivia Newton-John’s 1981 hit Physical is posted online (damages for recording the entirety of Physical on Sue’s camcorder: up to $300,000).”
In the real world, some of these may fall under fair use due to educational exceptions, but that isn’t always the case. In fact, damages can be pricey for using copyrights without permission, up to a few hundred thousand dollars a pop.