Monthly Archive for: ‘May, 2011’
Just over 3 months after the Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 was introduced into Parliament, and 2 weeks after it was passed unamended, the Governor General has given her Royal Assent to the Bill. The Amendment took effect on 28 May.
For those unfamiliar with Kesha (stylised as Ke$ha), she rose to fame with her debut single “Tik Tok” which features lyrics such as “Tik Tok on the clock, But the party don’t stop”.
Sometime after the release of Kesha’s single, Wimo Labs applied to register “Tik Tok” as a trade mark in the US and began using the mark in relation to wrist bands used to hold Mp3 players such as iPods.
On Wednesday, the US Court of Appeals for the Federal Circuit handed down a decision that will make it more difficult to establish that a patent is unenforceable because of the inequitable conduct of the patentee. The decision has important consequences not only for the conduct of patent litigation in US courts, but also for the prosecution of patent applications in the US Patent and Trademark Office (USPTO).
The Court of Appeals decision
Commission investigates potentially anti-competitive settlements…paying for delays may not pay for some!
Further to our previous post, the European Commission has recently launched an official investigation into a settlement agreement made between the US company Cephalon, and the Israeli generic medicine manufacturer, Teva.
In the hit 1991 film Point Break the FBI sends young agent Johnny Utah (Keanu Reeves) undercover at the beach to mix with surfers (including Bohdi, Patrick Swayze) that they believe could be members of a gang that robs banks wearing masks of ex-US presidents.
If, like the IP Whiteboard team, you’re an avid reader of Patents Office decisions, then you may have noticed an increase in decisions where divisional applications have been refused by the Commissioner (we count 19 such decisions in the past 4 months!). Why the sudden increase?
Last year we blogged about the Heart Attack Grill in Arizona – a medically themed hamburger restaurant with fat-laden food served by waitresses dressed as nurses – and its action against Heart Stoppers Sports Grill for copying its idea.