ILN IP Insider

An International Lawyers Network IP Group Publication

September 15, 2021

Just over five years after the California-based retail giant Deckers Outdoor Corp. (Deckers) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd (Australian Leather) for trademark infringement, the U.S. Court of Appeals for the Federal Circuit has ruled in favour of Deckers. The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG…

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Software Patents: When is enough enough?

By James R. Baldwin of McDonald Hopkins

September 9, 2021

Software Patents: When is enough enough?[1] Developing a Disclosure for Software Patents: Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function. Discuss with the inventor details that link the novel functional aspects of the software description to those technological underpinnings. Ask the inventor to explicitly describe why the invention is more than the expected sum of its parts. Why couldn’t…

ILN IP Insider

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

By Gary A. Kibel of Davis+Gilbert LLP, Marc J. Rachman of Davis+Gilbert LLP & Daniel Finnegan of Davis+Gilbert LLP

August 11, 2021

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert, Google’s use of Oracle’s APIs was protected by the copyright defense of Fair Use. This decision is likely to create greater…

ILN IP Insider

Collective management of copyright and neighbouring rights in Greece

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm & Elena Nikolarea of A. & K. Metaxopoulos and Partners Law Firm

August 4, 2021

Introduction Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). These rights include: the right to fair remuneration for reproduction for private use (known as “blank tape levy”), which is calculated at a percentage of the value of specific devices or materials that are used for private reproduction of protected works (as provided for in article…

ILN IP Insider

Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

By Colleen Spring Zimmerman of Fogler Rubinoff & Catherine Hart at Fogler Rubinoff

July 28, 2021

The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It is easier and cheaper than ever for bad actors to use online tools, whether it be websites, platforms, or online profiles, to commit a variety of unlawful activities such as impersonating a business, associating themselves with a business without any such…

ILN IP Insider

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

By James P. Flynn of Epstein Becker Green

July 21, 2021

The title of this piece tracks a common “phrase of exasperation used to emphasize a question or statement.” If that be the case, and I think it is, then the subtitle implies the question this piece will address. That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” The title, of course, also is a bit of play…

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Can Patent Claims be Held Indefinite for Failing to Disclose an Algorithm?

By Daniel H. Bliss of Howard & Howard

June 23, 2021

Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language. What if this language requires an algorithm to carry out the function and you fail to disclose the algorithm in your patent application? Can the patent claims be held indefinite for failing to disclose the algorithm? The answer may be YES!…

ILN IP Insider

INTERNET MEMES IN RUSSIAN PRACTICE: IP PROTECTION AND PERSONALITY RIGHTS ISSUES

By Olga Novinskaya of LML Alliance - Lidings & Maxima Legal Alliance

June 10, 2021

When we say “meme”, we usually mean an internet meme. An Internet meme is an idea (and some content embodying this idea) spread via the Internet. Memes are usually created in the internet community for humorous purposes. However, memes in practice may raise issues associated with copyright, registration of trademarks, or even with personal data protection. This article is an overview of curious cases discussed in the Russian legal community and related to internet memes.…

ILN IP Insider

Expanding a Brand into Canada: Trademark Registrations- The Basics

By Colleen Spring Zimmerman of Fogler Rubinoff & Catherine Hart at Fogler Rubinoff

May 12, 2021

When a corporation expands its business into Canada, consideration should be given to whether it can register its brand as a trademark in this new market. While a corporation may operate in this market without registered trademarks, many statutory frameworks, like the Canadian regime, offer additional benefits to companies[1] that have registered marks. If a corporation plans to expand its operations into Canada, it should be aware that there are certain nuances to this…

ILN IP Insider

.AU DOMAIN NAMES MUST HAVE A PRESENCE IN AUSTRALIA

By Natalie Lasek of Kalus Kenny Intelex & Brighid Virtue of Kalus Kenny Intelex

May 5, 2021

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Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia trademark to meet the Australia presence requirement, they must ensure that their domain is an exact match to that trademark. On 12 April 2021, a new set of rules relating to the licensing of the .au country code Top Level…

ILN IP Insider

An International Lawyers Network IP Group Publication

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A DAVID AND GOLIATH STYLE UGG BOOT DISPUTE

Software Patents: When is enough enough?

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

Collective management of copyright and neighbouring rights in Greece

Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

Can Patent Claims be Held Indefinite for Failing to Disclose an Algorithm?

INTERNET MEMES IN RUSSIAN PRACTICE: IP PROTECTION AND PERSONALITY RIGHTS ISSUES

Expanding a Brand into Canada: Trademark Registrations- The Basics

.AU DOMAIN NAMES MUST HAVE A PRESENCE IN AUSTRALIA

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