http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Mon, 20 May 2013 22:51:29 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 http://www.ipwatchdog.com/2013/04/24/global-congress-counterfeiting-piracy/id=39622/ http://www.ipwatchdog.com/2013/04/24/global-congress-counterfeiting-piracy/id=39622/#comments Wed, 24 Apr 2013 23:25:27 +0000 WIPO http://www.ipwatchdog.com/?p=39622 Related posts:

1. Protecting Your Intellectual Property in ChinaThe China Road Show is a series of two-day China IP events that the USPTO is hosting across the country to help educate businesses about the realities of piracy and counterfeiting—which cost the American economy approximately $250 billion annually. Day 1 is largely devoted to understanding the patent, trademark and copyright laws in China, as well as enforcement of those rights. Day 2 of the seminar will address § 337 Infringement Investigations by the International Trade Commission (ITC), the challenges presented by counterfeiting and piracy on the Internet and the development of global IP strategies even for small businesses....
2. Combating Copyright Infringement: DMCA Take Down NoticesWe shouldn't fool ourselves and try and pretend that the lack of respect for intellectual property rights is limited to those who seek to share movies, music or make a buck selling knock-off products. Everyone who produces original content on the Internet is at risk of having that content stolen; simply cut and pasted onto some other website or blog. Even if it is not passed off as original content and you do get "credit" the copyist is using your work for their own benefit. They are stealing eyeballs, diverting traffic and likely costing you money. At the very least,...
3. One Grave Problem: Counterfeiting, Piracy and IP TheftCriminals are finding that the penalties for intellectual property crimes pale in comparison to the penalties they would receive for trafficking drugs and engaging in other illicit activities. At the same time, the profit margin for counterfeit software is extremely high. So the combination of great riches, relatively low penalties and a low likelihood of being caught and you can see why criminal enterprises, including terrorist networks, are becoming major players in the counterfeit software black-market. In fact, one of the most vicious drug cartels in the world makes an estimated $2.4 million per day selling counterfeit software. ...

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1. Tiffany Sues Costco Over Counterfeit Diamond RingsThe dispute between Tiffany and Costco first came to light in November 2012 when a customer alerted Tiffany to the sale of what was promoted on in-store signs as “Tiffany” diamond engagement rings at a Costco store in Huntington Beach, California. Tiffany immediately launched an investigation, and later learned that for many years, and without Tiffany’s knowledge, Costco had apparently been selling different styles of rings that it has falsely identified on in-store signage as “Tiffany.” The rings are not in fact Tiffany rings, nor are they manufactured by, approved by, licensed by, or otherwise in any way properly associated...
2. Trademarking a Domain Name? Sure, why not?A common misconception is that a website that just advertises your goods or services can be a trademark. It can’t. The domain has to be a unique source indicator all on its own, meaning it has to tell people what your goods or services are on its own. Basically, if your domain name is just an Internet address where your customers can find you, it can’t be registered. It just tells people where to find you. It is merely incidental to your primary business purpose....
3. Trademark Cases of the United States Supreme CourtIn 1879 the United States Supreme Court first had the opportunity (and necessity) to address whether Congress had been granted in the Constitution the power to enact legislation to protect trademarks. Since 1879 there have been many cases involved trademark issues that have wound up the top Court in the United States. But a summary start to finish of all Supreme Court trademark cases is even a bit ambitious for us in a single article. Thus, what follows is a summary of those trademarks issues that have reached the Supreme Court over the last generation. ...

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1. Costco Attempts to Defend Sale of Counterfeit TIFFANY DiamondsThis should have been an open and shut case. But then Costco decided to aggressively defend what seems indefensible. Costco is basing its defense on the belief that the "[t]he word Tiffany is a generic term for ring settings comprising multiple slender prongs extending upward from a base to hold a single gemstone." See opening paragraph of the Costco Answer and Counterclaim. In support of this position Costco submitted dictionary definitions, pages from Wedding Planning for Dummies discussing rings, online articles (such as from About.com), online sales pages (such as from Amazon.com) and other materials....
2. Under Armour Sues Body Armor for Trademark InfringementStill, it seems a little reckless to me to select a trademark that incorporates "ARMOR" or "ARMOUR" when entering an industry that has a heavyweight such as Under Armour with a large trademark portfolio and the means to enforce that portfolio. Is the name BODYARMOR so critical to the success of the company and selling their drinks? I doubt it. So then why run the risk of incurring the wrath of a well funded and well known trademark owner? It just doesn't make business sense if you ask me. That is why I always advise companies to consider doing a...
3. Fat Freezing Body Sculpting at Center of Trademark DisputeThe technology that involves cooling fact cells to reduce the amount of body fat is the center of a new trademark complaint. Zeltiq Aesthetics, Inc has filed a claim against Dr. Marco Hallerbach, MD, and Dr. Hallerbach & Associates, Inc. claiming that they are not only unlawfully using a procedure they own, but that in so doing they are infringing various trademarks owned by the company. The complaint was filed in the United States Federal District Court for the Middle District of Florida, Tampa Division on October 9, 2012. Zeltiq also filed a Motion for Preliminary Injunction simultaneous with the...

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1. Wine & Spirits Industry Fight Chinese CounterfeitingIt is unfortunate for businesses, but China is becoming practically synonymous with intellectual property theft, piracy and counterfeiting. On top of that, many technology companies are learning that doing licensing deals with the Chinese means they turn over the technologies and as soon as the Chinese corporation is capable of employing the technology the sever the relationship and then compete against American companies with American technology, they just don't have to recoup the research and development costs and they have a cheap labor force....
2. Combating Counterfeiting and Unauthorized Product SalesCriminals on all levels — from opportunistic, small-time thieves to major drug cartels — are finding that the penalties for intellectual property crimes pale in comparison to the penalties they would receive for trafficking drugs and engaging in other illicit activities. At the same time, the profit margin for counterfeit software, as well as for other counterfeit goods, is extremely high. So the combination of great riches, relatively low penalties and a low likelihood of being caught and you can see why criminal enterprises, including terrorist networks, are becoming major players in the counterfeit software black-market....
3. Counterfeiting, A Growing Worldwide ProblemCounterfeiting is a far bigger story than loses to big companies and the associated loss of downstream economic activity. Those that support counterfeiters by buying knock-off goods are also increasingly supporting organized crime, including drug cartels, who are increasingly looking to the generous profits that can be earned and exceptionally low jail terms even if they do get caught. In fact, the largest Italian organized crime group is estimated to receive 10% of its annual $25 billion from counterfeited and pirated goods....

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1. Health & Safety Risks from Counterfeits in the Supply ChainThe white paper outlines just how these counterfeit parts are entering the global supply chains. Even though there are government regulations and precautionary measures taken by the industry, there seems to be a growing problem with counterfeit parts that can cause damage and even fatalities. The introduction of the whitepaper claims: “The complex and distributed nature of supply chains has created vulnerabilities for companies and organizations. Governments and regulations can only go so far. As such, industry can benefit from taking a more proactive approach to protecting the supply chain from counterfeit products and pirated materials.”...
2. Croc Counterfeiters in China get Jail TimeCrocs, Inc. (NASDAQ: CROX) announced earlier today that Chinese courts have sentenced 18 individuals to a total of more than 46 years in prison for producing and selling counterfeit Crocs goods. Seventeen individuals were convicted of counterfeiting, and two of the 17 also were convicted of offering bribes. Another individual also was convicted on bribery charges in connection with production of counterfeit Crocs™ shoes. In addition to prison sentences, the above men together face fines totaling RMB 2,832,500 (approximately $450,896)....
3. Counterfeit Coupons – A Costly ScamAccording to the FTC, coupons are a big business.  There are more than 3,000 manufacturers that annually distribute nearly 330 billion coupons that are worth an estimated $280 billion. With this type of marketplace it is easy to understand why opportunistic criminals would be interested in the industry, particularly given the economic plight of the moment caused by the Great Recession, which we cannot seem to escape.  Tough times cause people to be more cost conscious, but this also provides the perfect cover for con artists and scammers.  ...

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1. The Case of the Counterfeit Cell Phone CaseSpeck Products has obtained a judgment from a California Federal Court against Tsai & Shaw, a company that has been selling counterfeit Speck iPhone cases. The judgment includes a permanent injunction against Tsai & Shaw, as well as an award for the damages. The case against Tsai & Shaw is just one of the several judgments in the last year that equals over $1.2 million in damages against Tsai & Shaw and other counterfeiters. ...
2. “Fake” Products Pose Real DangersCounterfeiting is now one of the fastest growing and profitable industries in the world. With an average of 5 - 7% of the world trade market, it is a $600 billion per year industry. The U.S. Customs and Border Protection (CBP) reports the total number of counterfeit goods increased dramatically in FY 2011 by 24% compared to the prior year, and has increased 325% over the past decade. The impact and cost across industries is quite staggering. The Federal Trade Commission reported that counterfeit automotive parts total approximately $12 billion and also result in 200,000 fewer manufacturing jobs. Additionally, electronics...
3. Croc Counterfeiters in China get Jail TimeCrocs, Inc. (NASDAQ: CROX) announced earlier today that Chinese courts have sentenced 18 individuals to a total of more than 46 years in prison for producing and selling counterfeit Crocs goods. Seventeen individuals were convicted of counterfeiting, and two of the 17 also were convicted of offering bribes. Another individual also was convicted on bribery charges in connection with production of counterfeit Crocs™ shoes. In addition to prison sentences, the above men together face fines totaling RMB 2,832,500 (approximately $450,896)....

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1. Health & Safety Risks from Counterfeits in the Supply ChainThe white paper outlines just how these counterfeit parts are entering the global supply chains. Even though there are government regulations and precautionary measures taken by the industry, there seems to be a growing problem with counterfeit parts that can cause damage and even fatalities. The introduction of the whitepaper claims: “The complex and distributed nature of supply chains has created vulnerabilities for companies and organizations. Governments and regulations can only go so far. As such, industry can benefit from taking a more proactive approach to protecting the supply chain from counterfeit products and pirated materials.”...
2. The Case of the Counterfeit Cell Phone CaseSpeck Products has obtained a judgment from a California Federal Court against Tsai & Shaw, a company that has been selling counterfeit Speck iPhone cases. The judgment includes a permanent injunction against Tsai & Shaw, as well as an award for the damages. The case against Tsai & Shaw is just one of the several judgments in the last year that equals over $1.2 million in damages against Tsai & Shaw and other counterfeiters. ...
3. Croc Counterfeiters in China get Jail TimeCrocs, Inc. (NASDAQ: CROX) announced earlier today that Chinese courts have sentenced 18 individuals to a total of more than 46 years in prison for producing and selling counterfeit Crocs goods. Seventeen individuals were convicted of counterfeiting, and two of the 17 also were convicted of offering bribes. Another individual also was convicted on bribery charges in connection with production of counterfeit Crocs™ shoes. In addition to prison sentences, the above men together face fines totaling RMB 2,832,500 (approximately $450,896)....

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1. Health & Safety Risks from Counterfeits in the Supply ChainThe white paper outlines just how these counterfeit parts are entering the global supply chains. Even though there are government regulations and precautionary measures taken by the industry, there seems to be a growing problem with counterfeit parts that can cause damage and even fatalities. The introduction of the whitepaper claims: “The complex and distributed nature of supply chains has created vulnerabilities for companies and organizations. Governments and regulations can only go so far. As such, industry can benefit from taking a more proactive approach to protecting the supply chain from counterfeit products and pirated materials.”...
2. Croc Counterfeiters in China get Jail TimeCrocs, Inc. (NASDAQ: CROX) announced earlier today that Chinese courts have sentenced 18 individuals to a total of more than 46 years in prison for producing and selling counterfeit Crocs goods. Seventeen individuals were convicted of counterfeiting, and two of the 17 also were convicted of offering bribes. Another individual also was convicted on bribery charges in connection with production of counterfeit Crocs™ shoes. In addition to prison sentences, the above men together face fines totaling RMB 2,832,500 (approximately $450,896)....
3. Wine & Spirits Industry Fight Chinese CounterfeitingIt is unfortunate for businesses, but China is becoming practically synonymous with intellectual property theft, piracy and counterfeiting. On top of that, many technology companies are learning that doing licensing deals with the Chinese means they turn over the technologies and as soon as the Chinese corporation is capable of employing the technology the sever the relationship and then compete against American companies with American technology, they just don't have to recoup the research and development costs and they have a cheap labor force....

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1. Croc Counterfeiters in China get Jail TimeCrocs, Inc. (NASDAQ: CROX) announced earlier today that Chinese courts have sentenced 18 individuals to a total of more than 46 years in prison for producing and selling counterfeit Crocs goods. Seventeen individuals were convicted of counterfeiting, and two of the 17 also were convicted of offering bribes. Another individual also was convicted on bribery charges in connection with production of counterfeit Crocs™ shoes. In addition to prison sentences, the above men together face fines totaling RMB 2,832,500 (approximately $450,896)....
2. Health & Safety Risks from Counterfeits in the Supply ChainThe white paper outlines just how these counterfeit parts are entering the global supply chains. Even though there are government regulations and precautionary measures taken by the industry, there seems to be a growing problem with counterfeit parts that can cause damage and even fatalities. The introduction of the whitepaper claims: “The complex and distributed nature of supply chains has created vulnerabilities for companies and organizations. Governments and regulations can only go so far. As such, industry can benefit from taking a more proactive approach to protecting the supply chain from counterfeit products and pirated materials.”...
3. “Fake” Products Pose Real DangersCounterfeiting is now one of the fastest growing and profitable industries in the world. With an average of 5 - 7% of the world trade market, it is a $600 billion per year industry. The U.S. Customs and Border Protection (CBP) reports the total number of counterfeit goods increased dramatically in FY 2011 by 24% compared to the prior year, and has increased 325% over the past decade. The impact and cost across industries is quite staggering. The Federal Trade Commission reported that counterfeit automotive parts total approximately $12 billion and also result in 200,000 fewer manufacturing jobs. Additionally, electronics...

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1. The Latest Intelligence on the Updated Patent Bar ExamGenerally, the Patent Exam remains as predictable as ever in terms of what the USPTO wants you to know. The USPTO concentrates on those issues that lead to loss of rights and prejudice to your client's situation. They want to be sure you know how to get a filing date, assert priority, respond to Office Actions, start and advance an appeal, etc. As to the post-grant procedures added by AIA Phase 2, the focus is on how they are started, timing, and thresholds of proof....
2. Patent Bar Exam Refresh: PTO Now Testing New MaterialsWe also know from past history that when the Patent Office first starts to test new material they disproportionately weight it in the database of questions so you are likely to be heavily tested. We anticipate that the newly testable material will generate between 15 to 20 questions on the Patent Bar Exam starting immediately, or nearly immediately. This newly testable information comes on the heels of AIA phase 1 and KSR, Bilski and 112 Guidelines that all started to become tested in April 2011. We anticipate that the newly testable material that has come online since April 2011 will...
3. PTO Updates Patent Bar Exam to Test AIA & Appeal RulesBeginning January 31, 2012, the United States Patent and Trademark Office will update the content of the patent registration examination to cover two new rules issued September 26, 2011 that relate to the Leahy-Smith America Invents Act. These new rules permit prioritized examination of patent applications (Track I) and revise the standard for granting inter partes reexamination requests. Additionally, the patent registration examination will also include questions concerning the November 22, 2011 rules governing practice in ex parte appeals before the Board of Patent Appeals and Interferences. ...

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1. Kappos Welcomes Expo to US Trademark and Patent OfficeOn Friday, October 15, 2010 and again on Saturday, October 16, 2010, the United States Trademark and Patent Office (USTPO) played host to the National Trademark Expo. That is no typo or clerical error. Director Kappos, who was introduced by Lynne Beresford, the Commissioner for Trademarks, started the day with an address and began by [...]...
2. USPTO Announces 2012 National Trademark ExpoThe United States Patent and Trademark Office (USPTO) will host the 2012 National Trademark Expo on Friday, Oct. 19, and Saturday, Oct. 20, at the USPTO’s headquarters in Alexandria, Virginia. The free two-day event is designed to educate the public about trademarks and their importance in the global marketplace. Last year’s Trademark Expo attracted more than 15,000 visitors of all ages....
3. Protecting Your Intellectual Property in ChinaThe China Road Show is a series of two-day China IP events that the USPTO is hosting across the country to help educate businesses about the realities of piracy and counterfeiting—which cost the American economy approximately $250 billion annually. Day 1 is largely devoted to understanding the patent, trademark and copyright laws in China, as well as enforcement of those rights. Day 2 of the seminar will address § 337 Infringement Investigations by the International Trade Commission (ITC), the challenges presented by counterfeiting and piracy on the Internet and the development of global IP strategies even for small businesses....

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1. Combating Copyright Infringement: DMCA Take Down NoticesWe shouldn't fool ourselves and try and pretend that the lack of respect for intellectual property rights is limited to those who seek to share movies, music or make a buck selling knock-off products. Everyone who produces original content on the Internet is at risk of having that content stolen; simply cut and pasted onto some other website or blog. Even if it is not passed off as original content and you do get "credit" the copyist is using your work for their own benefit. They are stealing eyeballs, diverting traffic and likely costing you money. At the very least,...
2. Zoominfo’s Blatant Copyright InfringementEvery once in a while we do an Internet search to find out what is out there quoting to IPWatchdog.com or me personally.  We also try and make sure that others are not infringing upon our works by republishing our content without permission.  It is flattering in one sense to have people want to steal [...]...
3. Using U.S. Copyright Law to Get Removed from Jerk.comJerk.com is one of those sites on the Internet that is the poster-child for everything wrong with the Internet and the anonymous communications that are so commonplace. The Internet is the refuge for cowards that wouldn't have the guts to approach someone and say what they really feel to their face. Shrouded in secrecy provided by the Internet anonymous cowards become emboldened to say vile things and stoop to ridiculous lows — even publishing pictures of young children and asking the Internet community to vote on whether the minor is a jerk....

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1. One Grave Problem: Counterfeiting, Piracy and IP TheftCriminals are finding that the penalties for intellectual property crimes pale in comparison to the penalties they would receive for trafficking drugs and engaging in other illicit activities. At the same time, the profit margin for counterfeit software is extremely high. So the combination of great riches, relatively low penalties and a low likelihood of being caught and you can see why criminal enterprises, including terrorist networks, are becoming major players in the counterfeit software black-market. In fact, one of the most vicious drug cartels in the world makes an estimated $2.4 million per day selling counterfeit software. ...
2. Croc Counterfeiters in China get Jail TimeCrocs, Inc. (NASDAQ: CROX) announced earlier today that Chinese courts have sentenced 18 individuals to a total of more than 46 years in prison for producing and selling counterfeit Crocs goods. Seventeen individuals were convicted of counterfeiting, and two of the 17 also were convicted of offering bribes. Another individual also was convicted on bribery charges in connection with production of counterfeit Crocs™ shoes. In addition to prison sentences, the above men together face fines totaling RMB 2,832,500 (approximately $450,896)....
3. Combating Counterfeiting and Unauthorized Product SalesCriminals on all levels — from opportunistic, small-time thieves to major drug cartels — are finding that the penalties for intellectual property crimes pale in comparison to the penalties they would receive for trafficking drugs and engaging in other illicit activities. At the same time, the profit margin for counterfeit software, as well as for other counterfeit goods, is extremely high. So the combination of great riches, relatively low penalties and a low likelihood of being caught and you can see why criminal enterprises, including terrorist networks, are becoming major players in the counterfeit software black-market....

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1. Culture of Indifference Fuels Software Piracy MarketThe reality is that individuals and companies fuel the piracy market. Simply stated, if there were no demand there would be no supply, so it is quite disingenuous for us to only point the finger at the supplier, but rather we ought to acknowledge that there is plenty of blame to go around, which may be a hard pill to swallow. And while there may an intellectual distinction between sharing software or music with a friend or family member, there exists a cultural indifference that borders on contempt for the rights of creators....
2. Counterfeiting, A Growing Worldwide ProblemCounterfeiting is a far bigger story than loses to big companies and the associated loss of downstream economic activity. Those that support counterfeiters by buying knock-off goods are also increasingly supporting organized crime, including drug cartels, who are increasingly looking to the generous profits that can be earned and exceptionally low jail terms even if they do get caught. In fact, the largest Italian organized crime group is estimated to receive 10% of its annual $25 billion from counterfeited and pirated goods....
3. US Trade Representative Issues Annual Report on Global IP RightsFor 2010 the US Trade Representative reviewed 77 trading partners for this year’s Special 301 Report, and placed 41 countries on either the Priority Watch List, Watch List, or the Section 306 monitoring list. The Priority Watch List for 2010 names the following countries:China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Pakistan, Thailand and Venezuela. ...

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1. Combating Copyright Infringement: DMCA Take Down NoticesWe shouldn't fool ourselves and try and pretend that the lack of respect for intellectual property rights is limited to those who seek to share movies, music or make a buck selling knock-off products. Everyone who produces original content on the Internet is at risk of having that content stolen; simply cut and pasted onto some other website or blog. Even if it is not passed off as original content and you do get "credit" the copyist is using your work for their own benefit. They are stealing eyeballs, diverting traffic and likely costing you money. At the very least,...
2. Wine & Spirits Industry Fight Chinese CounterfeitingIt is unfortunate for businesses, but China is becoming practically synonymous with intellectual property theft, piracy and counterfeiting. On top of that, many technology companies are learning that doing licensing deals with the Chinese means they turn over the technologies and as soon as the Chinese corporation is capable of employing the technology the sever the relationship and then compete against American companies with American technology, they just don't have to recoup the research and development costs and they have a cheap labor force....
3. One Grave Problem: Counterfeiting, Piracy and IP TheftCriminals are finding that the penalties for intellectual property crimes pale in comparison to the penalties they would receive for trafficking drugs and engaging in other illicit activities. At the same time, the profit margin for counterfeit software is extremely high. So the combination of great riches, relatively low penalties and a low likelihood of being caught and you can see why criminal enterprises, including terrorist networks, are becoming major players in the counterfeit software black-market. In fact, one of the most vicious drug cartels in the world makes an estimated $2.4 million per day selling counterfeit software. ...

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