Also on the blog in the past week were:
Intellectual property under President Trump
Meet Managing IP during November and December
Mastering relationships is the key to lasting success - guest
We’ve also posted the following articles in the
past week (log in via subscription or free
Philips to pay Masimo $300m patent settlement
Arnold & Porter/Kaye Scholer merge, and more North America
CJEU rules against Rubik's Cube shape trade mark
Anti-piracy body FACT expands remit
IP diversity task force launches new network for women
Royalty rates in the telecoms patent wars
Data: US patent litigation picks up in October
PTAB Bar Association enjoying fast growth
Flo & Eddie settle SiriusXM suit
Flo & Eddie, original members of 1960s band The Turtles,
have settled a California federal lawsuit with SiriusXM,
according to The Hollywood Reporter.
The dispute involved royalty
payments for pre-1972 sound recordings, which are not protected
by federal copyright. Summary judgment was awarded in 2014,
with the court finding Sirius violated public performance
rights by using the music.
A joint notice of the settlement was filed with the court
"While this battle appears to be over, pending approval from
US District Court judge Philip S Gutierrez, the battle over
pre-1972 sound recordings wages on courtesy of two similar
suits on the East Coast," writes Ashley Cullins of The
Hollywood Reporter. "Sirius currently is appealing a Turtles
victory in New York, and the 11th Circuit has asked the Florida
Supreme Court to rule on an appeal to the digital music giant's
Copyright case Ushered out of court
The Hollywood Reporter also brings news that
another copyright case looks to be ending. A Virginia
magistrate judge has recommended that Justin Bieber and Usher
be granted summary judgment over claims they infringed
copyright in their hit "Somebody to Love".
The case was brought by Devin "the Dude" Copeland. It was
initially dismissed but then revived by the Fourth Circuit
Court of Appeals because the court believed the choruses in the
songs at issue were close enough to move the case forward.
Judge Douglas Miller ruled that Copeland did not demonstrate
the defendants had access to his work before creating their
The inventor gender gap
A WIPO study has shown that 29% of international patent
applications filed via WIPO in 2015 included at least one woman
inventor, compared with 17% in 1995.
Speaking at the "IP Statistics for Decision
Makers 2016" conference in Australia, WIPO Director General
Francis Gurry described the 20-year trend as encouraging but
called on policy makers to prioritise fostering innovation
among all members of their societies.
He said: "These data prove that a gender gap exists and it
needs to be addressed."
The statistics are based on international patent
applications filed via WIPO’s Patent Cooperation
Treaty (PCT), which has 151 contracting states.
Some 48% of international patent applications filed by
academic institutions showed at least one woman inventor in
2015, compared with 28% for companies.
Women’s participation rate of 29% at the global
level masks variations in participation rates across countries
in 2015. The Republic of Korea (50%) and China (49%) have the
greatest gender equality in international patenting via the PCT
in 2015, followed by Poland (40%), Spain (35%) and Singapore
WIPO commented: "These national differences can be partly
explained by the countries’ industrial
specialties, as women’s participation varies
substantially across technological fields."
Women participated more in fields related to biotechnology
(58% in 2015), pharmaceuticals (55%), organic fine chemistry
(54%), and food chemistry (51%). The technologies with the
least representation of women are mechanical elements (11%),
transport (13%), machine tools (14%) and engines (15%).
Trump wins again
Hot on the heels of winning the US
presidency, Donald Trump has succeeded in a bid to register the
Trump trade mark to provide real estate agent services in
commercial and residential properties in China,
according to The Wall Street Journal.
"It wasn’t clear why Mr Trump prevailed, and
more battles may come," reported the Journal. "Of the 53
registered trademarks under the Trump name in China –
in categories ranging from clothing and beauty salons to pet
care and golf courses – only 21 are owned by Mr
You can read our blog analysing what President Trump will
mean for intellectual property
Amazon sued over counterfeit goods
Amazon has filed lawsuits against merchants that sell
counterfeit goods on the website for the first time in its
reports Fortune. It is suing ToysNet and Joana
The online marketplace has been
increasingly criticised recently. For example, last month Apple
complained that a "flood" of counterfeit goods claiming to
be Apple products were being sold on Amazon.com. The claim
concerned items sold through Amazon’s fulfilment
scheme, where third parties list their goods. The company said
it bought more than 100 iPhone devices, own-brand power
adapters and charging cables and found almost 90% of them were
US companies double Cuba trade mark applications
The Miami Herald ran an interesting overview of trade mark
registrations in Cuba since the US expanded engagement with the
country at the end of 2014.
The newspaper revealed that the Cuban Office of Industrial
Property (OCPI) has received more than 1,000 applications so
far this year to register trade marks and distinctive signs
belonging to US companies. This is more than double the number
of applications received in 2015, and far more than before
then. Some 78 US brands were registered on the island that
year, said the article.
"The six rounds of regulatory changes since December 17 2014
have been a catalyst for an increase in registration in Cuba of
intellectual property owned by US companies," The Miami Herald
quoted John Kavulich, president of the US-Cuba Trade and
Economic Council, as saying.
reports that Drew Hirshfeld "is expected to serve as Acting
Under Secretary of Commerce in charge of the Patent Office
beginning January 20 2017, for several months, up until
President Elect Trump names (and has confirmed) a nominee for
the permanent position." He says USPTO director Michelle Lee
and deputy Russell Slifer are expected to resign.
Speaking of Lee, she
gave remarks at the first of two USPTO roundtables on
patent subject matter eligibility.
- More Lee news! The
briefs are coming in for Lee v Tam Supreme Court over
disparaging marks. The brief of the government, which is
also the petitioner, is
here. Rebecca Tushnet’s 43(B)log reports it
the "bumper sticker" argument.
Tushnet also revealed
some personal news on her blog – she is
joining the faculty of Harvard Law as the inaugural
Frank Stanton Professor of First Amendment Law.