Online Global Week in Review 25 Sept 09 from IP Think Tank

Here is IP Think Tank’s weekly selection of top Online intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

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Highlights this week included:

ECJ Advocate General Maduro: no trade mark infringement by allowing advertisers to select, in AdWords, keywords corresponding to trade marks (IPKat) (Managing IP) (Class 46) (IAM)  (Trademark Blog) (IP Factor) (Afro-IP)

US Department of Justice joins opposition to Google Books settlement (IPKat) (Lenz Blog) (Managing Intellectual Property) (Ars Technica) (Public Knowledge) (1709 Copyright Blog) (Intellectual Property Watch)

Tel Aviv District Court permits unlicensed sports event streaming; watching sports is ‘socially important’: Football Association Premier League v. Ploni (Technology & Marketing Law Blog) (1709 Copyright Blog)

Madras High Court: Google looses first round in AdWords case brought by Consim Info against Google and competitors Shaadi.com, jeeveansathi.com and simplymarry.com (Managing Intellectual Property) (Spicy IP)

 
Global
Global – General

US acts to preserve internet neutrality; European debate heats up (IP Watch)

 
Global – Copyright

Yours, Mine, Ours – eBay’s recent sale of Skype spotlights the struggle between software IP rights and business objectives (IP Frontline)

Tweeting lyrics – a legal analysis (Ip’s What’s Up) (Innovationpartners)

 
Global – Trade Marks

Google confirms core search algorithm ignores keyword metatags (Technology & Marketing Law Blog)

 
Brazil
Brazilian court bans P2P software in case against operator of  iPlay.com.br site (TorrentFreak)
 
Canada

Pirate Party Canada set for federal approval, launches BitTorrent tracker (TorrentFreak) (TorrentFreak)

Business Software Alliance on Canadian piracy rates (Michael Geist)

Where are the copyright consultation submissions?; Industry Canada’s response (Michael Geist) (Excess Copyright) (Michael Geist)

CIRPA copyright consultation submission – calls for longer data retention to facilitate lawsuits (Michael Geist)

Canadian Coalition for Electronic Rights search engine for copyright consultation submissions (Excess Copyright)

The Great Copyright – Un-debate Goes on Tour (Excess Copyright)

 
Europe

ECJ Advocate General Maduro: no trade mark infringement by allowing advertisers to select, in AdWords, keywords corresponding to trade marks (IPKat) (Managing IP) (Class 46) (IAM)  (Trademark Blog) (IP Factor) (Afro-IP)

 
France

Paris first instance court condemns eBay over use of LVMH trade marks (Class 46)

French Opposition to challenge 3 strikes in court (TorrentFreak)
 
Germany

Federal Supreme Court’s decision in Orange-Book-Standard putting industry on alert (IPEG)

German youth would vote Pirate Party into parliament (TorrentFreak)

DigiProtect anti-piracy outfit and lawyers may operate illegally (TorrentFreak)
 
India

Madras High Court: Google looses first round in AdWords case brought by Consim Info against Google and competitors Shaadi.com, jeeveansathi.com and simplymarry.com (Managing Intellectual Property) (Spicy IP)

 
Israel

Tel Aviv District Court permits unlicensed sports event streaming; watching sports is ‘socially important’: Football Association Premier League v. Ploni (Technology & Marketing Law Blog) (1709 Copyright Blog)

 
Kenya

Kenya Copyright Board embarking on intensive campaign against software piracy (Afro-IP)

 
Sweden

Pirate Bay appeal judge faces ban, works for Spotify (TorrentFreak)

Two more Pirate Bay appeal judges accused of bias (TorrentFreak)

Global Gaming Factory, proposed buyer of Pirate Bay, wants BPI director on its board (TorrentFreak)

 
United Kingdom

Project Canvas: everything but the movies – internet-streamed on-demand TV programming to TVs, what are the copyright implications? (1709 Copyright Blog)

UK anti-piracy plans cost more than music industry ‘losses’ say ISPs (TorrentFreak) (Ars Technica)

Lily Allen joins anti piracy lobby, clueless about copyright (TorrentFreak) (TorrentFreak) (TorrentFreak) (TorrentFreak)

James Blunt: Disconnecting Music Pirates is “Critical” (TorrentFreak)

Sir Elton John joins anti piracy lobby (TorrentFreak)

Peter Mandelson defends his new position on file-sharing, saying new laws alone are not enough (1709 Copyright Blog)

 
United States
US General

FCC Chairman Julius Genachowski’s delivers major announcement supporting network neutrality (Ars Technica) (Ars Technica) (IP Watch) (Public Knowledge) (Public Knowledge) (Public Knowledge)

Public Knowledge calls for Senate to reject anti-net neutrality amendment (Public Knowledge)

Who’s running the show–the FCC or Hollywood execs? (Public Knowledge)

Federal courts now offer hearings online as MP3 files (Ars Technica)

 
US General – Decisions

9th Circuit Court of Appeals rules former employee who took company data with him for his own business did not violate the Computer Fraud and Abuse Act: LVRC Holdings v Brekka (Ars Technica)

 
 
US Patents – Decisions

CAFC affirms finding of patent infringement but strikes down $511 million damages award in dispute between Microsoft and Alcatel-Lucent (Managing Intellectual Property)

District Court N D California: Headless cavalryman unseated by Iqbal: Elan Micro v Apple (ISinIP)

 
US Copyright
Remix, rights and removal (Public Knowledge)
 
US Copyright – Decisions

District Court N D Illinois: Copyright statutory damages: Infringement must start after registration: Cassetica Software v Computer Sciences Corp (Chicago IP Litigation Blog)

 

US Copyright – Lawsuits and strategic steps

Blizzard – Public Knowledge files amicus brief in World of Warcraft / Glider appeal asking court to find EULA breach does not immediately result in copyright infringement (Public Knowledge)

Google – Request for Google Book settlement hearing adjournment (IP Watch) (1709 Copyright Blog)

Google – US Department of Justice joins opposition to Google Books settlement (IPKat) (Lenz Blog) (Managing Intellectual Property) (Ars Technica) (Public Knowledge) (1709 Copyright Blog) (Intellectual Property Watch)

Joltid – Joltid files suit claiming eBay and would be purchasers infringing Joltid copyrights relating to Skype software (IAM) (The Trademark Blog)

Scribd – Camara & Sibley sue Scribd for ‘egregious’ copyright infringement, seek class action status (Ars Technica)

 
US Trade Marks – Decisions

Making sense of the $32m contributory trademark infringement judgment against a web host: Louis Vuitton v. Akanoc (Technology & Marketing Law Blog)

9th Circuit Court of Appeals rejects appeal in AdWords antitrust case: Person v Google (Technology & Marketing Law Blog)

 

US Trade Marks – Lawsuits and strategic steps

Apple – USPTO rules Apple’s claims against Daniel Kokin over use of the mark ‘Video Pod’ should be decided at trial (Ars Technica)

Tata Sons – MakeMyTrip (India) files suit against Tata seeking determination that its registration of oktatabyebye.com does not violate Anticybersquatting Consumer Protection Act (Seattle Trademark Lawyer)

 
 

 

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