Showing posts with label Misc. Show all posts
Showing posts with label Misc. Show all posts

Monday, June 13, 2011

Are you excited about Apple's iCloud announcement? Someone isn't

A week ago today, Apple announced its new iCloud service. The people I've spoken with are generally extremely excited about this. An Arizona company, however, is not thrilled. iCloud Communications has sued Apple for infringing its iCloud trademarks. This is, of course, not the first time Apple has been sued for trademark infringement. Indeed, the Plaintiff lays out its parade of horribles for "Apple's Pattern of Willful Trademark Infringement":
  • The Beatles record label Apple Corp sued Apple.
  • McIntosh Labs, a stereo-maker, sued Apple for its Macintosh computers
  • Terrytoon sued for Apple's adoption of the "Mighty Mouse" name.
  • Cisco sued for the iPhone.
  • (On information and belief), Apple didn't get Fujutsu's permission before using the iPad mark.
  • Innovative Media Group sued for Apple's use of the iAds mark.
Interestingly (at least for me anyway), one running theme with each of these "horribles" (aside from Mighty Mouse) is that Apple is still using the challenged mark.

The Plaintiff also points out a tactic Apple is using to keep secret its new product announcements while at the same time establishing trademark rights in them. Apple files a trademark application abroad prior to its product announcement, and then files a U.S. trademark application claiming priority to the foreign application around the same time Apple makes its product announcement.

The Plaintiff also alleges that Apple bought from a Swedish consulting company a U.S. trademark registration for the mark "iCloud." The Plaintiff claims this acquisition is invalid, however.

Potentially interesting case to watch.

Tuesday, December 14, 2010

Congratulations to the Dade County Bar Association's IP Committee

I am currently serving as the Hillsborough County Bar Association's representative to the 13th Judicial Circuit's pro bono committee. As such, I'm trying to figure out ways to get lawyers in our committee more involved and aware of pro bono opportunities (and any other way we can help). For starters, we should all be aware of the Florida Bar's One Campaign. If every Florida lawyer took ONE pro bono case...imagine where we'd be. If you haven't already, watch the video (it's embedded below).

Our neighbors and colleagues in southern Florida have found a good way to help. Gene Quinn writes of a great event put on by the Intellectual Property Committee of the Dade County Bar Association. Under the leadership of their president, Jamie Rich Vining, they selected a patent (a design patent directed to a toy catapult), gathered the parts, and then had a number of contestants build the device. First to finish and launch a penny across a marked line won. Read the article for details. They were able to raise $8,000 for the local Legal Aid Society. Congratulations to the Dade County Bar Association. What a great idea!

If you have ideas for how we can help, please email me (or drop a comment). And now, spend a few minutes and watch the ONE video. If you've seen it before, watch it again.

Monday, August 9, 2010

Everybody was IP fighting ...

Does Susan G. Komen, Race for the Cure own the phrase "for the cure" for all charities?  [ BlawgIT,  Wall Street Journal]

Is that olive oil as virgin as you think it is? [ Wall Street Journal, AP ]

Are politicians done using copyrighted songs without permission? [ BBCWall Street Journal ]

Friday, July 30, 2010

Entertaining Legal Opinions

Following up on my earlier praise for Judge Kozinski's writing style, Google's Scholar Blog has a most excellent post advertising its ability to search Court cases in the U.S. (a feature I periodically use, and have found very handy and efficient).

Specifically, Google highlights a number of cases over the years (which, of course, you can find in Google's scholar database) containing entertaining judicial writing. Well worth a read. I think my favorite (quoted only in part) is the following interaction:
Lawyer: Juan, I have good news and bad news.
Ramirez-Lopez: OK, I'm ready. Give me the bad news first.
Lawyer: The bad news is that the Ninth Circuit affirmed your conviction and you're going to spend many years in federal prison.
Ramirez-Lopez: Oh, man, that's terrible. I'm so disappointed. But you said 1160*1160there's good news too, right?
Lawyer: Yes, excellent news! I'm very excited.
Ramirez-Lopez: OK, I'm ready for some good news, let me have it.
Lawyer: Well, here it goes: You'll be happy to know that you had a perfect trial. They got you fair and square!
The rest of that exchange is here.

Wednesday, June 9, 2010

Stephen Colbert explains US patent priority

Outside the U.S., whoever first applies for a patent will be entitled to a patent on the respective invention (assuming the invention is patentable). Here, we have a different system. The first person to invent the innovation is entitled to the patent protecting it. Steven Colbert was kind enough to explain that to his audience here. Enjoy.

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