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Archive for the ‘Jurisdiction’ Category

Britain’s Court of Appeal Rejects Cadbury’s Trademark Application for Color Purple
By Anton Ziajka – Edited by Abhilasha Nautiyal

Société des Produits Nestlé S.A. v. Cadbury UK Ltd.

The Britain Court of Appeals held that Cadbury’s purple color mark did not qualify as a trade mark under the Trade Marks Directive of 2008, since the impugned mark did not constitute “a sign” that is “graphically represented.” To allow registration of the trademark with such vagueness, the Court noted, would offend both “the principle[s] of certainty…[and] of fairness.”

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Posted On Oct - 11 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Elise Young

Apple Prevails on Appeal, Re-Opening Door on Motorola Infringement Case

Bitcoin Is a Currency that May be Regulated Under U.S. Law

Federal Circuit’s Judge Plager Argues that Ambiguous Terms Should Be Construed Against the Drafter

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Posted On Sep - 3 - 2013 Comments Off READ FULL POST

Injunction Imposed in Volkswagen Car Hacking Case: Public Safety Favored Over Transparency
By Jonathan Sapp – Edited by Alex Shank

A British high court enjoined Flavio Garcia from publishing an academic paper that sought to expose weaknesses in Volkswagen’s automobile security systems. In the paper, Garcia revealed secret codes used to activate the ignition systems of several luxury vehicles. The court’s ruling is the latest in the battle against researchers using hacking to expose security systems’ flaws.

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Posted On Aug - 10 - 2013 Comments Off READ FULL POST

Federal Circuit Continues Pushing Back the Vitiation Doctrine

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co.
By Mengyi Wang – Edited by Kathleen McGuinness

The Federal Circuit vacated-in-part, affirmed-in-part, and reversed-in-part a lower court’s summary judgment of noninfringement as to Vermeer Manufacturing Company’s commercial products and non-commercial prototypes. The court also found that the doctrine of claim vitiation added no separate legal limitation to the doctrine of equivalents

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Posted On Aug - 8 - 2013 Comments Off READ FULL POST

Dish Network’s “Hopper” Free to Skip Commercials as Ninth Circuit Rejects Fox’s Case for Preliminary Injunction

Fox Broadcasting Co. v. Dish Network
By Simon Heimowitz – Edited by Samantha Rothberg

The Ninth Circuit affirmed a district court’s denial of Fox Broadcasting Company’s (“Fox”) request for a preliminary injunction against a Dish Network (“Dish”) product associated with Dish’s “Hopper.” The Hopper allows subscribers to automatically record Fox’s primetime television shows, then view them with the commercials fast-forwarded.

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Posted On Aug - 6 - 2013 Comments Off READ FULL POST
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