News - January 2010

Apple iPad may run into trademark trouble with Fujitsu – January 29, 2010

Apple’s iPad may have a trademark problem with Fujitsu who sought to trademark the name since 2003 for a hand-held computing device. Apple has stated in its filings that it might oppose Fujitsu’s right to the name and has time until February 28, 2010 to file an objection. Fujitsu’s lawyer Edward Pennington of Hanify & King in Washington said yesterday that “They probably need to talk to us and we haven't had any direct communications with Apple. Apple filed extensions to oppose it and now it makes sense. Now we can see why they did.” According to Apple’s iPad trademark application, the mark would cover range of goods, including computers, paper, toys and telecommunications.”

For more information visit:
http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10622904&ref=rss

Apple granted patent for multitouch proximity sensor – January 28, 2010

Apple has been granted a patent bearing umber 7,653,883 for a multitouch display that can sense when and where a finger is near the screen. This patent can make use of several different techniques, singly or in combination, to sense a nearby object such as a finger or stylus. The techniques include optical shadow, capacitive, inductive, electric field and others, and one or more sensors. In the words of the patent “The processor instructs the display device to display one or more GUI elements in response to detected object, and perform actions associated with the GUI element when an input is made at the GUI element via the input means.”

For more information visit:
http://www.pcmag.com/article2/0,2817,2358475,00.asp

Baidu - China’s top search engine cleared of copyright infringement – January 27, 2010

China’s top search engine Baidu has been cleared of copyright infringement in a ruling that caused a major disappointment to Universal Music, Sony BMG Music Entertainment Hong Kong and Warner Music Hong Kong. The music labels had charged Baidu with offering ‘deep links’ to thousands of copyright-protected songs on third-party websites and were seeking $9 million in damages. The International Federation of the Phonographic Industry (IFPI) stated that “The judgments in the Baidu and Sohu/Sogou cases are extremely disappointing, and we are considering our next steps.”

For more information visit:
http://beatcrave.com/2010-01-27/chinas-baidu-wins-copyright-case-over-labels/

NCAA tries to settle “Rosenblatt” trademark dispute – January 21, 2010

Talks are on to settle the trademark dispute over Omaha’s Rosenblatt Stadium. The NCAA and Omaha’s lawyers were inching towards reaching a fair decision over Omaha’s plan to charge a fee to market the Rosenblatt name. The director for the College World Series for the NCAA, Dennis Poppe said that the deal was a cause of concern. He stated that “I think its rather incongruous for somebody who has been here for 60 years to all of a sudden have to start paying a royalty on something that’s been part of this great event.” In a letter to Omaha Mayor Jim Suttle dated Monday, College World Series of Omaha President Jack Diesing argued that the city cannot claim exclusive rights to the name Rosenblatt and that the NCAA cannot be expected to seek permission to use the name.

For more information visit:
http://www.ketv.com/news/22308738/detail.html

Verizon not cutting off its internet users over copyright infringement claims – January 21, 2010

CNET had that stated Verizon would disconnect its service to its customers who were violating copyright. Bobbi Henson of Verizon later issued a statement that there was a "misunderstanding by CNET of something I said which resulted in story inaccuracies." According to Henson, Verizon forwards copyright infringement notices to customers, and that program alone has been quite successful at reducing repeated infringement claims. It has also “not resulted in the termination of any Verizon customer’s service.”

For more information visit:
http://arstechnica.com/tech-policy/news/2010/01/verizon-uh-we-arent-cutting-off-users-over-copyright-claims.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

Patent deal between Funai and Microsoft – January 20, 2010

Microsoft and Funai have struck a deal to swap patents. Funai will now have access to Microsoft’s exFAT file system which is an enhanced version of the company’s older FAT (file allocation table) used to store and organize data on a disk. Funai makes TVs that are sold in the United States under the brands Philips, Magnavox, Sylvania, and Emerson. David Kaefer, the general manager of Intellectual Property Licensing at Microsoft stated that “Consumers want TVs to offer experiences that were once available primarily on personal computers. A patent license like this one allows two industry leaders to deliver the type of cutting-edge innovations that today's consumers’ demand.”

For more information visit:
http://news.cnet.com/8301-1023_3-10437939-93.html?part=rss&subj=news&tag=2547-1_3-0-20

Apple and Research In Motion sued for patent infringement – January 14, 2010

Apple and Research in Motion have been sued by Eastman Kodak for patent infringement. Kodak filed two separate lawsuits in a New York district court. The first suit alleges that Apple violated its patent 6,292,218, while the second suit alleges that that infringed patents that cover a method by which a computer program can "ask for help" from another application to carry out certain computer-oriented functions. Laura G. Quatela, chief intellectual property officer, and vice president of Kodak said in a statement that “Our primary interest is not to disrupt the availability of any product but to obtain fair compensation for the use of our technology. There's a basic issue of fairness that needs to be addressed. Those devices use Kodak technology, and we are merely seeking compensation for the use of our technology in their products.”

For more information visit:
http://news.yahoo.com/s/zd/20100114/tc_zd/247586

Almighty Lord God sues for copyright infringement – January 14, 2010

The Almighty Lord God has cited 634,778,923 instances of copyright infringement in four million subpoenas upon nearly every studio executive, artist and patron of the Christian music industry. The subpoenas claim that the Christian music industry “egregiously appropriated and employed texts and properties of the plaintiff for financial and creative advancement.” Sparrow Records representative Daniel Giavanti stated that “This is certainly a shocking development for our industry. Putting the Holy Word of God to music and turning a profit has been a way of life for hundreds of years. I’m not sure why, I guess no one ever thought they’d get caught.”

For more information visit:
http://unlvrebelyell.com/2010/01/14/god-sues-christian-music-industry-for-copyright-infringement/

“Sabermetrics” trademark opposed by the Society for American Baseball Research – January 13, 2010

The Society for American Baseball Research recently filed a request for extension of time to file an opposition with the USPTO to oppose Deep Focus Inc. from trademarking the word “sabermetrics.” SABR Executive Director John Zajc stated that “We believe sabermetrics is a generic term and should remain in the public domain. SABR is part of a larger movement toward open-source sharing of information. Having a private company own a federal trademark registration for a term in common use in our industry is not in line with that philosophy.” A news release stated that SABR is “an international, member-driven organization whose mission is to foster the research, preservation, and dissemination of the history and record of baseball.”

For more information visit:
http://www.pharmabiz.com/article/detnews.asp?articleid=53407

USPTO grants patent to EndoGastric Solutions – January 6, 2010

EndoGastric Solutions announced that it was granted Patent no. 7,632,287 entitled “Tissue Fixation Devices And Assemblies For Deploying The Same.” This patent was issued on December 15, 2009. Thierry Thaure. The President and Chief Executive Officer, stated that “We are pleased that the US Patent Office recognizes the uniqueness and applicability of the SerosaFuse fastener. The design allows our devices to be used transorally, without incisions and permits multiple fastener deployment with a single device insertion, minimizing patient risk, discomfort and recovery time. The fastener and delivery mechanism are core components of the EndoGastric Solutions platform, which will continue to spawn a range of innovative products for NOS.”

For more information visit:
http://www.pharmabiz.com/article/detnews.asp?articleid=5340

CyberSitter sues the Chinese Government for copyright infringement – January 6, 2010

The Chinese government, two Chinese software markers and seven major computer manufacturers have been sued by CyberSitter, a web software filtering vendor, for copyright infringement. This lawsuit has been filed in the US District Court for the Central District of California, Western Division. Cybersitter alleges that the defendants distrivuted its Green Dam Youth Escort, a controversial web filtering package which the Chinese government had mandated to be installed on computers sold there. Sony, Lenovo, Toshiba, Acer, Asustek, BenQ and Haier have been named in this lawsuit.

For more information visit:
http://news.techworld.com/security/3209534/chinese-government-sued-over-copyright-infringement/?olo=rss

The North Face and The South Butt trademark battle continues – January 5, 2010

The trademark infringement battle between the apparel owner, The North Face and The South Butt based in Ladue, continues with the attorney representing The South Butt defended the product line as a parody and thus protected speech. Attorney al Watkins wrote that “Defendants, utilizing parody, are making a bona fide social commentary on the pervasive banality, frivolity, absurdity and comedic nature of the consumer culture and those who participate therein.” In the lawsuit filed by The North Face noted that, “Unfortunately, and inevitably, The North Face's success attracts opportunists seeking to pirate its famous trademarks for their inferior knockoffs … While defendants may try to legitimize their piracy under the banner of parody, their own conduct belies that claim”

For more information visit:
http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/D20F6A5FF306B342862576A2006E3513?OpenDocument