IP LEGAL NEWS AND UPDATES
Fourth Circuit Revives Rosetta Stone's Claims Against Google Over its AdWords Program
In a closely-watched battle, the Fourth Circuit brought life back into Rosetta Stone's trademark infringement and dilution claims against Google stemming from its AdWords program. Google's AdWords program allows advertisers to purchase "keywords" that launch the advertiser's ads when the keyword is entered as a search term in Google.
Decision-Making Is Not Patentable: The SmartGene Case
Recently, a district court for the District of Columbia invalidated a patent claiming a system and method to guide the selection of therapeutic treatments using a computer program.
IP: Trademark Disputes as an Unintended Consequence of Distribution Agreements
Brett A. Garner and Melissa C. McLaughlin
Manufacturers can lose their own trademark rights to distributors if contracts are vague. Some jurisdictions are more willing than others to use these factors in determining which party has rights to a trademark. The Seventh Circuit and Third Circuit will not use the factors to divest a party of ownership of the trademark, once initial ownership has been established. On the other hand, the Northern District of California has emphasized that an exclusive distributor can acquire trademark rights superior to those of the manufacturer.
Click here to view this article in Inside Counsel.
Court Denies Class Action in Continuity Product Case
On March 6, the U.S. Court of Appeals for the Third Circuit ruled in favor of Synapse Group Inc. and against the class action plaintiffs by affirming a lower court's denial of class certification. Most cases are so expensive to litigate after class certification that they must be settled if the putative class gets certified. For that reason, denial of certification is a big deal for a marketer-defendant.
Click here to view the full text of this article from DRMA Voice, Response Magazine.
IP: What's in a Name?
Brett A. Garner and Deborah A. Feinblum
A successful trademark is a mark that immediately conveys to the relevant public the source of the goods and services, the brand. Since trademark law is intended to protect the consumer, it is only fitting that generic marks are not protectable. A generic mark is generally thought of as being devoid of any source indicating significance and simply the common name for a good or service.
Click here to view this article in Inside Counsel.
Venable Attorneys Author Chapter on U.S. Anti-Counterfeiting
Justin E. Pierce and Marcella Ballard
Justin E. Pierce and Marcella Ballard authored the U.S. chapter in the "Anti-Counterfeiting 2012 – A Global Guide," published by World Trademark Review Magazine, part of The IP Media Group.
Click here to view the publication in full.
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ANNOUNCEMENTS AND REMINDERS
Venable's Trademark Group and Attorneys Recognized in WTR 1000
Venable's trademark practice was recognized in the second edition of World Trademark Review 1000 – The World's Leading Trademark Professionals. The group is listed among the top groups in the United States – DC Metro area. This is Venable's first inclusion in the WTR 1000.
Bobby Turnage, Veteran Internet Commerce Attorney and Former General Counsel of Network Solutions, Joins Venable as Partner
Bobby N. Turnage, Jr., former senior vice president and general counsel of online services provider, Network Solutions LLC, has joined the firm in its Washington, DC and Tysons Corner, VA offices.
Joshua Kaufman and Sarah M. Johnson Quoted in Tax Notes Today on Art Valuation
Venable partner Joshua J. Kaufman and of counsel Sarah M. Johnson were quoted in an April 9, 2012 Tax Notes Today article on the valuation of works of art by the IRS for purposes of determining the value of a decedent's estate.
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EVENTS AND SPEAKING ENGAGEMENTS
Jacqueline Levasseur Patt to present at the International Trademark Association (INTA) 2012 Annual Meeting
May 6, 2012
Jacqueline Levasseur Patt will present "What Every Trademark Lawyer Should Know About Advertising Review" at the INTA 2012 Annual Meeting in Washington, DC – the premier trademark event for networking, continuing legal education, and committee and client meetings.
Please click here for additional information.
Clifton E. McCann to moderate a panel at the Water Infrastructure Summit
May 18, 2012
Clifton E. McCann will moderate the panel "Smart Water Systems" at the Water Innovations Alliance's Water Infrastructure Summit - Building a 21st Century Smart Water Infrastructure in Washington, D.C.
Please click here for additional information.
Joshua J. Kaufman to present at Surtex 2012
May 21, 2012
Joshua J. Kaufman will present "New Legal Strategies - Royalties, Terms, and More" at the Surtex Conference 2012. He will discuss the latest creative approaches in royalty structures, alternative ideas for compensation, new protective language for royalty contracts, escape clauses, performance guarantees and other key elements that could impact the future of art licensing.
Please click here for additional information.
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