Monthly Archives: October 2012

Publishers Appeal Georgia State University Copyright Ruling

We’ve previously written about the academic publishing industry’s lawsuit against Georgia State University (“GSU”) and its library system’s electronic reserve practices.  In May, Northern District of Georgia Judge Orinda Evans held  that these practices were, with a few exceptions, fair use.

Last week, the publishers docketed their much-expected appeal with the 11th Circuit Court of Appeals.  Among the issues that the Court will be asked to review whether Judge Evans misapplied the fair use doctrine and whether she failed to order the appropriate injunctive relief. … More

Celebrity Trademark Watch: Did Tim Tebow “Trademark” his Signature Move?

Within the past few days a number of news outlets, television programs, websites, and blogs have been reporting that former Denver Bronco and current New York Jets quarterback Tim Tebow has received a federal trademark registration for his signature, mid-game prayer gesture in which he drops to one knee while placing a fist against his forehead.  This stance is known as “tebowing” and it quickly became an internet phenomenon,… More

Decades of Delay Are OK: First Circuit Rejects Laches Defense Based on “Doctrine of Progressive Encroachment”

orientalIn a case on appeal from the District of Puerto Rico, the First Circuit held that the “doctrine of progressive encroachment” defeated a junior user’s laches defense, despite the fact that the junior user had been co-existing with the senior user for decades.

This case involved two banks, both started in the 1960s and both using the mark ORIENTAL. (Banks, it may be said,… More

Sliding the Scale: The UK’s New “Small Claims” Court for Intellectual Property Disputes

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An often-frustrating aspect of IP law is that in relatively small matters, the cost of litigation can quickly become disproportionate to the value of the intellectual property in dispute. In other words, there is no automatic sliding scale of expenses that shifts according to the value of the IP.

That may be changing in the UK. On October 1, 2012, the UK government launched a new “small claims track” in the Patents County Court) (“PCC”),… More

Product Liability Risk in Licensing Trademarks with Technology

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A Connecticut Superior Court judge has upheld a jury verdict that once again demonstrates the product liability risks faced by trademark licensors, particularly those who license technology as well as their marks. In Hannibal Saldibar v. A.O. Smith Corp, the court upheld a $2.4 million judgment against the Tile Council of North America, which had licensed its trademarks and patented technology for dry-set mortar to tile manufacturers,… More

Google Settles Long-Running Copyright Dispute with Book Publishers

GoogleBooks(2)Yesterday Google and the Association of American Publishers (AAP) announced that they have settled the litigation filed in 2005 by the AAP challenging the Google Books Library Project. As we have previously reported, Google is involved in an ambitious project to digitize the contents of a number of the world’s largest libraries and to make that content available online. The Google Books site provides excerpts of books,… More