Monthly Archives: March 2014

Unintended Consequences of Open Access Publishing Policies

by Shawn Sullivan Posted on March 31, 2014

Rick Anderson at The Scholarly Kitchen has a thought-provoking article regarding the pressure on authors to publish their academic articles under the most permissive open access licenses available. See Rick Anderson, CC-BY, Copyright, and Stolen Advocacy, The Scholarly Kitchen (Mar. … Continue reading →

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“Twilight” Trademark Infringement Claims Cleared for Trial

by Shawn Sullivan Posted on March 31, 2014

The U.S. District Court for the Southern District of New York ruled that the entertainment company responsible for the “Twilight” film series is entitled to a trial on claims that its trademarks were infringed by a cosmetics company’s use of … Continue reading →

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Spanish Trademark Office: “Paella Catalana” too Generic to Register as Mark

by Shawn Sullivan Posted on March 28, 2014

On September 10, 2013, Barcelona chef Quim Marqués applied to the Spanish Patent and Trademark Office for registration of the trademark PAELLA CATALANA–the name of a wildly popular dish of rice, chicken, and seafood created by Marqués at the restaurant … Continue reading →

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South Africa Advertising Body Says GM Crops Ad “Unsubstantiated”

by Shawn Sullivan Posted on March 27, 2014

On March 17, 2014, the Advertising Standards Authority (ASA) of South Africa–a non-governmental, self-regulatory body established by the marketing communication industry–declared that a radio advertisement that touted several benefits of genetically engineered crops violated the ASA’s Code of Advertising Practice. Mariam … Continue reading →

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Brazilian Court Annuls Approval to Commercialize Transgenic Corn

by Shawn Sullivan Posted on March 27, 2014

A federal appellate court in Porto Alegre, Brazil nullified a government commission’s approval for commercial release of the transgenic corn (maize) product known as LibertyLink. See Processo 5000629-66.2012.404.7000 (Tribunal Regional Federal da 4ª Região 13 Mar. 2014). APPROVAL OF RELEASE LEADS … Continue reading →

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Functionality of Product Design Bars Registration as Trademark

by Shawn Sullivan Posted on March 26, 2014

In Adams Manufacturing Corp. v. Rea, No. 12-1430 (W.D. Pa. March 12, 2014), a federal court in Pennsylvania upheld the determination of the U.S. Trademark Trial and Appeal Board (TTAB) that the shape and design of a suction cup with … Continue reading →

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Fair Use Bars Copyright Infringement in Politician Photo Case

by Shawn Sullivan Posted on March 26, 2014

The U.S. District Court for the Northern District of California held that the fair use doctrine barred copyright claims by a politician and lawyer against the operators of a website that reproduced her photo without her permission. Dhillon v. Does 1-10, No. … Continue reading →

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SCOTUS Allows False Advertising Claims vs Printer Cartridge Manufacturer

by Shawn Sullivan Posted on March 26, 2014

On March 25, 2014, the Supreme Court of the United States unanimously ruled that Static Control Components, Inc., a seller of components for remanufacturing of used laser printer toner cartridges, may pursue false advertising claims against Lexmark International, Inc., a … Continue reading →

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Ecuadorian IP Institute Registers Traditional Knowledge of Indigenous Community

by Shawn Sullivan Posted on March 21, 2014

Yesterday, at a conference at its offices in Guayaquil, the Ecuadorian Intellectual Property Institute (IEPI) presented its 2013 annual report. IEPI, 2013 Informe de Rendición de Cuentas. As noted in an article published in the newspaper El Comercio, IEPI has been … Continue reading →

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