Tag Archives: intellectual property

Update: Chinese Court Seeking to Mediate Settlement Between Apple and Proview

24 Apr

Credit: Apple Inc.

Apple’s trademark issues continue in China (see our earlier posts entitled Apple Could Face Fine of $1.6 Billion for iPad Trademark Infringement in China and Update: Battle Over iPad Trademark Continues).  A senior official in China has suggested Apple could risk losing the use of the iPad trademark in China.  A Chinese court is currently seeking to mediate a settlement between Apple and Proview, who is challenging Apple’s use of the iPad name. Continue reading

New Legal Battle for Google in Germany

20 Apr

Credit: Google, Inc.

Google just can’t seem to catch a break these days.  A court in Hamburg, Germany ordered Google to install filters on the YouTube service in Germany to prevent copyright infringement of the rights of musicians, filmmakers, and others in the entertainment industry.  While Google was not direclty responsible for uploading infringing material, the judge in Hamburg found the company should have done more to stop the violations.

In a statement by the company, it said:  “Today’s ruling confirms that YouTube is a hosting platform and cannot be obliged to control all videos uploaded to the site.  The ruling is a partial success for the music industry in general, for our users as well as artists, composers, YouTube and other Web platforms in Germany.”

An appeal is expected by Google.

To view the full article from The New York Times, follow this link.

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“G” That’s an Awfully Lengthy Legal Battle

12 Apr

In 2009, Paris based Gucci initiated legal action against the Los Angeles based Guess? Inc. brand for selling items in stores and on-line that are “studied imitations of the Gucci trademarks”. The trademarks include a green and red stripe design, a square G, the designer’s name in flowing script and a diamond pattern with repeating interlocking G’s. Gucci has recently taken this battle to a whole new level alleging that Guess? has devised “a massive, complicated scheme to knock off Gucci’s best-known and iconic designs”. Gucci claims that $221 million worth of Guess? products have infringed on Gucci’s designs. The trial began on March 28th and so far there is no end in sight – just juicy legal drama to blog about!

Click here to read the full article via Business Week.

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UPDATE: Battle over iPad Trademark Continues

24 Feb

Apple appears to be out of hot water in Shanghai, for the moment (see our earlier posts, entitled Apple Could Face Fine of $1.6 Billion for iPad Trademark Infringement in China” and “UPDATE: China Seizing iPads”).  A court in Shanghai rejected Proview’s request for a preliminary injunction to stop Apple from sell its iPad tablets in the city.  The court stated proceedings in the dispute would be halted until the Higher People’s Court of Guangdong decides an appeal brougt before the court by Apple.  A hearing of the case is schedule before the Guangdong court on February 29.

Continue reading

Don’t Go Against The Godfather

22 Feb

Paramount Pictures has filed a complaint in federal court in Manhattan against, Anthony Puzo, son of author Mario Puzo and executor of his estate, alleging publication of a new sequel to “The Godfather” novel is not authorized.  The film company bought the copyright in The Godfather in 1969, produced trilogy of The Godfather films, and authorized one sequel novel, “The Godfather’s Return”, in 2004.

Continue reading

UPDATE: “Linsanity” Trademark ?

17 Feb

In an effort to protect his name, New York Knicks player Jeremy Lin has applied to trademark the use of “Linsanity”.

“Jeremy Lin is going on offense to protect Linsanity.  The Knicks sensation this week applied for trademark rights to Linsanity,  One of Lin’s attorneys confirmed it.  Lin paid a filing fee of $1,625 to cover use of the trademarked term on all manner of apparel, including underwear. In a detailed listing of goods, the filing seeks to protect its use on everything from action figures to beverage sleeves and backpacks.  Lin filed his application on Feb. 13, several days after two California men entered the cash-in derby to trademark Linsanity. But Washington, D.C., trademark attorney Josh Gerben told The Huffington Post that those claims will likely turn into a procedural air ball, costing the two men time and money.”

The full story can be found at this link.

A Little Inspiration Goes a Long Way

17 Feb

Now that fashion week has officially ended, it leaves some in the industry asking the age old question – how long before we see the runway looks popping up local stores across America? Using high fashion runway looks as “inspiration” for producing similar mass market items is a practice that fashion has long become accustomed to. Recently, within hours walking the red carpet at the Golden Globes, Faviana had already brazenly “knocked off” a significant number of the gowns worn – practically stitch for stitch – and offered them for sale in the “Dress Like a Star” section of their store.

Under current copyright law, fashion designs are not protectable, so Faviana’s actions are perfectly legal. But how far is too far? What do you think?

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