Samsung Electronics Co. failed to convince a federal judge it should be able to examine samples of Apple Inc. (AAPL)’s new products, including fourth-generation mobile telephones and tablet computers.
As part of the discovery process in a patent-infringement lawsuit brought by Cupertino, California-based Apple, Samsung in May asked to see its rival’s latest iPads and iPhones, according to court papers.
“Samsung has cited no case” in which a plaintiff must produce future products in a similar context, and “Samsung does not need access to these products” at this stage in the litigation, U.S. District Judge Lucy H. Koh wrote in an order signed June 21 in San Jose, California.
Apple sued South Korea’s Samsung alleging unfair trade competition, unjust enrichment and trademark and patent- infringement in products that “blatantly imitate” Apple’s products, according to an amended complaint filed June 16.
The case is Apple Inc. v. Samsung Electronics Co., 11CV1846, U.S. District Court, Northern District of California (San Jose).
For more patent news, click here.
Google’s ‘Photovine’ to Be Used for Photo Social Networking
Google Inc., which operates the world’s most used search engine, filed a trademark application that may indicate what it wants to do with its photo-oriented acquisitions.
The Mountain View, California-based company is seeking to register the term “photovine,” according to the database of the U.S. Patent and Trademark Office. According to the application, filed June 7, “photovine” is to be used for communication services, non-downloadable computer software, and on-line social-networking services.
Google acquired Picasa, which enables online photo storage and sharing, in 2004. Last year, the company picked up Picnic Inc., a site that enables online photo-cropping and retouching.
At that time, a Google official said the company would be working on integration of Picnic’s functionality and the addition of new features.
Pfizer to Receive Damages in Corex/Orex Trademark Dispute
Pfizer Inc. (PFE)’s India-based unit Pfizer Ltd. was awarded money damages in its trademark dispute with Omax Healthcare Pvt. Ltd., India’s Economic Times reported.
The Delhi high court said Omax’s use of Orex for its cough syrup was too similar to Pfizer’s Corex cough syrup trademark, according to the Economic Times.
The similarity in the names might cause customers to think “they were buying the product of the company which is respected and well-known,” the court said in its ruling and Economic Times reported.
Hershey Sues Radisson Over Use of ‘Hershey’ in Hotel Name
Hershey Co. (HSY)’s Hershey Entertainment & Resort Co. sued Carlson Cos.’ Radisson Hotels International unit for trademark infringement.
The lawsuit, filed June 17 in federal court in Harrisburg, Pennsylvania, is related to a name change on a Radisson property. Hershey, the maker of Hershey bars and chocolate kisses, objects to the inclusion of the word “Hershey” in the name of the former Penn Harris Hotel & Convention Center, now known as the Radisson Hotel Harrisburg Hershey.
Hershey operates its own resorts near the company’s amusement park and other attractions in central Pennsylvania.
In its court papers, the chocolate company notes that the hotel is neither in Harrisburg nor Hershey, Pennsylvania. The hotel isn’t even “located in the same county as the town of Hershey,” according to the complaint.
The case file includes a series of letters between for Hershey and Radisson. One of the letters, sent on Radisson’s behalf by Samuel W. Apicelli of Philadelphia’s Duane Morris LLP, said that in addition to being a trademark, Hershey is also a zip code in Pennsylvania. He argued that no one can be restricted from using an indicator of geographic origin.
In its complaint, Hershey asked the court to bar Radisson from using “Radisson Hotel Harrisburg Hershey.” It also seeks money damages, an order for the recall and destruction of all infringing promotional materials, and an order for the hotel chain to pay for corrective advertising to dispel any consumer impression that the hotel is affiliated with the chocolate company.
Hershey also asked for an order for the deactivation of websites that infringe, and for awards of attorney fees and litigation costs.
Joan Cronson, a Carlson spokeswoman, said in an e-mail that the company hadn’t yet received a copy of the complaint and would review it with the hotel. The Pennsylvania hotel is a franchise that is independently owned and operated, she said.
Hershey is represented by Harvey Freedenberg and Rebecca A. Finkenbinder of McNees Wallace & Nurck LLC of Harrisburg.
The case is Hershey Entertainment & Resorts Co. v. Radisson Hotels International Inc., 1:11-cv-01159-SHR, U.S. District Court, Middle District of Pennsylvania (Harrisburg).
Apple Bid to Bar Amazon ‘Appstore’ Will ‘Likely’ Be Denied
Apple Inc. will “probably” lose its court bid to stop Amazon.com Inc. (AMZN) from using the term “Appstore” for a service selling programs for Android devices, a federal judge said.
Apple, whose top-selling product is the iPhone, claimed it would be irreparably harmed because the value of its own App Store will be eroded as consumers confuse the two services.
U.S. District Judge Phyllis Hamilton said yesterday after a hearing in Oakland, California, that she is “probably” going to deny the motion because Apple hasn’t demonstrated confusion among consumers. Hamilton said she will review court filings before issuing a final decision.
Apple’s difficulty demonstrating “real evidence of actual confusion” among consumers is a “stumbling block for Apple,” Hamilton said in court. “I’m troubled by the showing that you’ve made so far, but that’s where you’re likely not to prevail at this early juncture.”
Like “honeybaked ham,” a product made by a Michigan company, App Store has come to be identified by consumers as an Apple service selling downloadable programs for the iPhone and other company devices, Apple said in court filings.
Apple has spent hundreds of millions of dollars advertising the service since it was launched in 2008 and will suffer irreparable damage by associations with Amazon’s Appstore service, which provides fewer safeguards against viruses and data security issues, the company’s filings said.
Amy Bessette, a spokeswoman for Apple, declined to comment.
Apple, based in Cupertino, California, sued Seattle-based Amazon for trademark infringement in March and asked for a preliminary court order barring the online retailer’s use of “Appstore,” pending the outcome of the lawsuit.
Amazon says the words “App Store” are generic and Apple doesn’t have exclusive rights to them. Even if the term wasn’t generic, Apple can’t show that consumers would confuse the two services because Apple’s service only sells downloads for the iPhone and other Apple devices, Amazon said in court filings.
The largest online retailer is seeking dismissal of Apple’s lawsuit and a court order allowing it to use the term to sell programs for Android devices. Android is the Google Inc. (GOOG) operating system used by handset makers including Samsung Electronics Co., HTC Corp. and Motorola Mobility Holdings Inc.
Amazon’s Appstore offering downloads of software for Android devices opened March 22.
The case is Apple Inc. v. Amazon.com Inc., 11-01327, U.S. District Court, Northern District of California (Oakland).
For more trademark news, click here.
U.K. Content Owners’ Copyright Proposal Leaked on Website
A copyright-enforcement proposal under discussion by five organizations representing content industries was leaked to the public in advance of its release.
The proposal, “the Potential for a Voluntary Code,” was posted on the website of the London-based Open Rights Group, a digital-rights advocacy organization.
The eight-page paper, stamped “confidential,” discusses methods of getting judicial approval of proposed measures to inhibit access to major infringing sites.
Groups involved in the development of the proposal are the Football Association Premier League Ltd., the Publishers Association, BPI Ltd., the Motion Picture Association and the Alliance for Cinema and Television, according to a footnote on the proposal.
The aim of the proposal is the establishment of a system “that protects copyright owner’s property rights by substantially inhibiting infringement while protecting the legitimate interests of consumers, site operators and service providers, including (where relevant) access to services and information and freedom of expression.”
The proposal suggests the establishing of an “expert body” to manage and implement the system. This body would be “under the guidance of a council composed of those with the relevant skills and experience but who do not have current direct interests in the relevant industries,” according the leaked document.
This council and the “expert body” would have the ability to decide whether a website is “substantially focused on infringement,” and recommend a court order blocking access.
Consumer Focus, a London-based consumer-advocacy group, issued a statement addressing the proposal. The case for website blocking hasn’t been made, and the content owners didn’t identify which websites they think should be blocked, the group said.
Eircom’s Three-Strikes Policy Under Scrutiny from Government
Ireland’s Data Protection Commission is investigating the terms of Eircom Ltd.’s agreement with music companies over music piracy, Silicon Republic reported.
The office is looking at the “proportionality’ of Eircom’s three-strikes response to music piracy, according to Silicon Republic.
Eircom sent letters to as many as of 300 of its Internet- service customers who were incorrectly identified as music pirates and provided them with a 50 euro ($72) credit on their next Eircom bill, Silicon Republic reported.
The data-protection commission got involved after it received a complaint about a false piracy notification, and is looking at whether the four levels of warning and response is proportional to the alleged offenses, according to Silicon Republic.
U.K. Student Faces Extradition for Copyright Infringement
A 23-year-old student at the U.K.’s Sheffield Hallam University faces potential extradition to the U.S. to face charges of criminal copyright infringement, the U.K.’s Daily Mail reported.
Richard O’Dwyer was accused of setting up a website that provided links through which films and television programs could be downloaded without authorization, according to the Daily Mail. The site has since been shut down, the newspaper reported.
O’Dwyer was arrested in May and spent one night in jail before he appeared at a preliminary hearing, according to the newspaper.
For more copyright news, click here.
SNR Denton Adds Pamela K. Fulmer to San Francisco IP Practice
SNR Denton LLP hired Pamela K. Fulmer for its intellectual- property practice in San Francisco, the Chicago-based firm said in a statement yesterday.
Fulmer, who joins from Washington’s Jones Day, is a litigator who has represented clients in patent, copyright, trademark and trade-secret disputes.
Her clients come from the e-commerce, Internet, cellular communications, e-mail messaging and security, computer hardware and software, medical devices, pharmaceuticals, biotechnology and consumer products industries, as well as entertainment and media.
She has an undergraduate degree from the University of Miami and a law degree from the University of California Hastings College of the Law.
To contact the reporter on this story: Victoria Slind-Flor in Oakland, California, at vslindflor@bloomberg.net.
To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.
Source : Click Here
Get New Article Alerts In Your Inbox
Subscribe to Computers Knowledge Article Alerts to get daily notifications of our newest articles in your email for free. You can unsubscribe at any time. share your opinion about Samsung, Google, Pfizer, Hershey, Apple: Intellectual Property - Bloomberg by comment on below post.
Thank you in advance.
Yours sincerely,
0 komentar:
Posting Komentar