We are concerned about our environmental impact, says Terry Callaghan
"Green" is the latest catchword that everyone seems to be using. One study found that "green" advertising nearly tripled between 2006 and 2008. We see it everywhere: in television commercials, in magazine ads, and plastered all over the web. In fact, the U.S. Patent & Trademark Office is now strictly scrutinizing marks containing the word "green" due to the overwhelming number of trademark applications including that word. Full Article
Proposed internet naming changes will impact intellectual property protection strategies, reports Brian Cheslek
Although the internet is historically known for its fast-paced evolution and lightning quick advances, none of the developments to date have heralded the type of full-scale metamorphosis that the new generic top-level domain (gTLD) rule changes will likely cause. The Internet Corporation for assigned Names and Numbers (ICANN) recently proposed a program that will allow for a virtually unlimited number of gTLDs. Currently, 21 gTLDs like ".com," ".net" and ".org" service the internet's 1.5 billion users. Full Article
Picking up the pieces - Court weighs in on liability for patent-infringing components
In Ricoh Co., Ltd. v. Quanta Computer Inc., the U.S. Court of Appeals for the Federal Circuit held that bundling an infringing component in a product with substantial noninfringing use won't protect a manufacturer from patent infringement liability. The court also limited the circumstances under which software can be found to directly infringe a patented method. This ruling may make it more difficult to build a defense in cases involving alleged indirect infringement of method claims. But the case also provides greater protection to software accused of directly infringing a patented method. Full Article
Pencils down! - Federal Circuit adopts definitive test for method patentability
In In re Bilski, the Federal Circuit both declared a definitive test for determining the patentability of methods and specifically rejected tests previously articulated by the U.S. Supreme Court and the Federal Circuit itself. The court held that the plaintiffs' process for hedging risk in commodities trading involved only the exchange of commodities options, or legal rights, so it wasn't patentable under the "machine-or-transformation test." As a result of this decision, it may be more difficult to obtain a patent for business methods and computer-based processes. A sidebar describes the opinions of three dissenting judges. Full Article
How do team colors hold up in a trademark dispute?
Four universities brought a trademark infringement claim against an apparel company that sold T-shirts with the schools' color schemes and other identifying indicia that referenced the big games of the schools' football teams. The defendant argued that the unregistered marks weren't legally protectable because they were merely descriptive. The court rendered its decision in black-and-white. Full Article
IP in brief: Societe Civile Succession Richard Guino v. Renoir - Sold sculptures prompt copyright claim
U.S. copyright law holds that works created before 1923 are in the public domain. So how could a federal court in Societe Civile Succession Richard Guino v. Renoir find that the copyright on sculptures created between 1913 and 1917 was infringed in 2003? This short article describes how. Full Article
This publication is designed to familiarize the reader with matters of general interest relating to intellectual property law. It is distributed for informational purposes only, not for obtaining employment, and is not intended to constitute legal advice. Legal counsel should be consulted with regard to specific application of the information on a case-by-case basis. The author, publisher and distributor assume no liability whatsoever in connection with the use of the information contained in the publication.
Although the internet is historically known for its fast-paced evolution and lightning quick advances, none of the developments to date have heralded the type of full-scale metamorphosis that the new generic top-level domain (gTLD) rule changes will likely cause. The Internet Corporation for assigned Names and Numbers (ICANN) recently proposed a program that will allow for a virtually unlimited number of gTLDs. Currently, 21 gTLDs like ".com," ".net" and ".org" service the internet's 1.5 billion users. 
In Ricoh Co., Ltd. v. Quanta Computer Inc., the U.S. Court of Appeals for the Federal Circuit held that bundling an infringing component in a product with substantial noninfringing use won't protect a manufacturer from patent infringement liability. The court also limited the circumstances under which software can be found to directly infringe a patented method. This ruling may make it more difficult to build a defense in cases involving alleged indirect infringement of method claims. But the case also provides greater protection to software accused of directly infringing a patented method. 
In In re Bilski, the Federal Circuit both declared a definitive test for determining the patentability of methods and specifically rejected tests previously articulated by the U.S. Supreme Court and the Federal Circuit itself. The court held that the plaintiffs' process for hedging risk in commodities trading involved only the exchange of commodities options, or legal rights, so it wasn't patentable under the "machine-or-transformation test." As a result of this decision, it may be more difficult to obtain a patent for business methods and computer-based processes. A sidebar describes the opinions of three dissenting judges. 
Four universities brought a trademark infringement claim against an apparel company that sold T-shirts with the schools' color schemes and other identifying indicia that referenced the big games of the schools' football teams. The defendant argued that the unregistered marks weren't legally protectable because they were merely descriptive. The court rendered its decision in black-and-white. 
U.S. copyright law holds that works created before 1923 are in the public domain. So how could a federal court in Societe Civile Succession Richard Guino v. Renoir find that the copyright on sculptures created between 1913 and 1917 was infringed in 2003? This short article describes how.