IP News
September 29, 2008
Highlights of the latest intellectual property news and cases from around the country.
Muniauction v. Thomson
September 29, 2008
The <i>Muniauction v. Thomson</i> decision illustrates the Federal Circuit's application of the Supreme Court's decision on obviousness in <i>KSR Int'l Co. v. Teleflex, Inc.</i> and confirms the Federal Circuit's own decision on "joint or divided" infringement in <i>BMC Resources, Inc. v. Paymentech</i>.
Lessons Learned from a Gum Licensing Agreement
September 29, 2008
More than a decade after the license agreement between The Topps Company and Stani expired, the question of who owns the rights to manufacture and distribute the original Bazooka' bubble gum formula in South America is still unresolved.
Defending Your Client's Domain Name
August 28, 2008
A company's domain name is often the most fundamental basis for trademark and branding efforts. Ideally, the choice of a domain name is made after conducting searches for potentially identical or confusing domains. But even if such due diligence is conducted, with the millions of domain names registered under the various extensions and country codes, it is not possible to guarantee that the domain name will not potentially conflict with someone else's trademark rights.
Use of Another's Trademark in Web Site Metatags
August 28, 2008
A metatag is a coding statement for a Web site in the Hypertext Markup Language that describes the site's content. The information provided in metatags can be used by search engines to determine Web page relevancy and to influence search results. In a surprising development, the U.S. District Court for the Eastern District of Wisconsin has determined that the use of metatags in Web site code does not create initial interest confusion, because current search engines no longer use metatags to determine the relative relevance of a Web site, preferring instead to use algorithms that rank the Web sites by the number of other sites that link or point to them.
Auction Web Site Off the Hook
August 28, 2008
At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.
