Friday, 2 December 2011
Tuesday, 8 November 2011
Capitalism captures the 99 percent on mugs, T-shirts
Now, T-shirts, coffee mugs and other merchandise emblazoned with Occupy locations and slogans are being offered online and amid the camp sites that have sprung up in cities across the country. A number of merchandise vendors, clothing designers and others are making plans to market a wide variety of goods for a wide variety of reasons, even as some protesters decry the business plans as directly counter to the demonstrations’ goals.
In recent weeks, the U.S. Patent and Trademark Office has received a spate of applications from enterprising merchandisers, lawyers and others seeking to win exclusive commercial rights to such phrases as “We are the 99 percent,” ‘’Occupy” and “Occupy DC 2012.”
Organizers of the protest centered in Manhattan’s Zuccotti Park went so far as to file for a trademark of “Occupy Wall Street” after several other applications connected to the demonstrations were filed with the U.S. Patent and Trademark Office.
Wylie Stecklow, a lawyer representing the protesters, said the Oct. 24 filing was done to prevent profiteering from a movement that many say is a protest of corporate greed.
“I would like to ensure that this isn’t co-opted for commercial purposes,” Stecklow said. “The trademark can be used for noncommercial purposes.”
Stecklow’s application was one of three filed with the Patent and Trademark Office seeking to trademark either “Occupy Wall Street” or “Occupy Wall St.”
Vince Ferraro, a small businessman based in Arizona, applied to trademark “Occupy Wall Street” a few hours after Stecklow. Ferraro declined to discuss his plans if he wins the trademark.
“If I prevail,” he said, “I believe there are opportunities in commerce not directly related to the movement.”
Both Stecklow and Ferraro were beat to the trademark office by a Long Island couple who filed for “Occupy Wall St.” on Oct. 16. Robert and Diane Maresca paid $975 to file the application, which said they intended to put the phrase on a variety of products.
The couple could not be reached for comment. But on Thursday, they withdrew their application, leaving Stecklow’s clients and Ferraro as the only two competing to own “Occupy Wall Street.”
Patent and Trademark Office lawyer Cynthia Lynch said that when the trademark office is confronted with similar applications, it gives priority to the first application received. However, she said the trademark office also takes into consideration whether the phrase was in wide use before the first application was filed.
Stecklow, the attorney for the protesters, says he believed his clients will prevail because they’ve been using the phrase “Occupy Wall Street” for months before the first application was filed.
Lynch declined to discuss specific applications and said it takes about three months for the office to make an initial determination.
“This rush to trademark was entirely expected and predictable because this is what everybody does,” said Ron Coleman, a trademark lawyer and author of a popular trademark blog. “The irony is too rich.”
Coleman predicted the New York protesters would prevail because they’ve been using the phrase the longest. Nonetheless, he questioned how the trademark could be managed by a group claiming to be leaderless.
source from, read more : http://www.washingtonpost.com/politics/capitalism-captures-the-99-percent-on-mugs-t-shirts/2011/11/06/gIQAUwoTtM_story.html
In recent weeks, the U.S. Patent and Trademark Office has received a spate of applications from enterprising merchandisers, lawyers and others seeking to win exclusive commercial rights to such phrases as “We are the 99 percent,” ‘’Occupy” and “Occupy DC 2012.”
Organizers of the protest centered in Manhattan’s Zuccotti Park went so far as to file for a trademark of “Occupy Wall Street” after several other applications connected to the demonstrations were filed with the U.S. Patent and Trademark Office.
Wylie Stecklow, a lawyer representing the protesters, said the Oct. 24 filing was done to prevent profiteering from a movement that many say is a protest of corporate greed.
“I would like to ensure that this isn’t co-opted for commercial purposes,” Stecklow said. “The trademark can be used for noncommercial purposes.”
Stecklow’s application was one of three filed with the Patent and Trademark Office seeking to trademark either “Occupy Wall Street” or “Occupy Wall St.”
Vince Ferraro, a small businessman based in Arizona, applied to trademark “Occupy Wall Street” a few hours after Stecklow. Ferraro declined to discuss his plans if he wins the trademark.
“If I prevail,” he said, “I believe there are opportunities in commerce not directly related to the movement.”
Both Stecklow and Ferraro were beat to the trademark office by a Long Island couple who filed for “Occupy Wall St.” on Oct. 16. Robert and Diane Maresca paid $975 to file the application, which said they intended to put the phrase on a variety of products.
The couple could not be reached for comment. But on Thursday, they withdrew their application, leaving Stecklow’s clients and Ferraro as the only two competing to own “Occupy Wall Street.”
Patent and Trademark Office lawyer Cynthia Lynch said that when the trademark office is confronted with similar applications, it gives priority to the first application received. However, she said the trademark office also takes into consideration whether the phrase was in wide use before the first application was filed.
Stecklow, the attorney for the protesters, says he believed his clients will prevail because they’ve been using the phrase “Occupy Wall Street” for months before the first application was filed.
Lynch declined to discuss specific applications and said it takes about three months for the office to make an initial determination.
“This rush to trademark was entirely expected and predictable because this is what everybody does,” said Ron Coleman, a trademark lawyer and author of a popular trademark blog. “The irony is too rich.”
Coleman predicted the New York protesters would prevail because they’ve been using the phrase the longest. Nonetheless, he questioned how the trademark could be managed by a group claiming to be leaderless.
source from, read more : http://www.washingtonpost.com/politics/capitalism-captures-the-99-percent-on-mugs-t-shirts/2011/11/06/gIQAUwoTtM_story.html
Thursday, 27 October 2011
IPOPhil eyes automated trademark applications
THE INTELLECTUAL Property Office of the Philippines (IPOPhil) plans to automate trademark and industrial design applications by next year to cut down processing to a few days in a bid to shore up registration of intellectual assets, an official said on Monday.
The project is part of the agency’s 2012-2016 Philippine Action Plan on Intellectual Property Rights (IPR) Protection and Enforcement. The action plan aims to create nationwide awareness of the benefits of IPR in an effort to stamp out piracy, and encourage local businesses and universities to protect their innovations.
“The automation of trademark and industrial design applications will happen around the end of 2012. This will cut down the application and [preliminary] approval period to five days. Trademarks and designs shouldn’t take long to approve anyway because these are easy enough to review,” Andrew Michael S. Ong, IPOPhil deputy director-general, told BusinessWorld on the sidelines of the First Philippine Anti-Counterfeiting and Piracy Summit.
“Right now, we are averaging eight months for our approval process, because the applications need to be filed at the office directly. With the automation, these applications can be readily submitted online,” he continued.
Trademark and industrial design applications are first given preliminary approval by the IP office. The internal study determines whether the mark or model is eligible for an IP registration based on a standard criteria. Approved applications will then be published for opposition in various newspapers to ensure there are no other claimants and that public interests and welfare will not be harmed by the registration.
The automation, the official noted, pertains only to the preliminary approval process.
“The publication after the preliminary approval takes longer than five days, but this automation is a significant improvement on the current application process, so that people can find out immediately whether their trademarks or designs were rejected so they can immediately come up with a new one,” Mr. Ong explained.
“We are definitely expecting an increase in applications and registrations once the automation is rolled out, since this will make the process easier and cheaper for businesses,” he added.
Registered trademark and industrial designs last year increased by 7.58% and almost 23% (22.99%) to 12,028 and 642 filings, respectively, from a year earlier, IPOPhil data show.
read more: http://www.bworldonline.com/content.php?section=Economy&title=IPOPhil-eyes-automated-trademark-applications&id=40688
The project is part of the agency’s 2012-2016 Philippine Action Plan on Intellectual Property Rights (IPR) Protection and Enforcement. The action plan aims to create nationwide awareness of the benefits of IPR in an effort to stamp out piracy, and encourage local businesses and universities to protect their innovations.
“The automation of trademark and industrial design applications will happen around the end of 2012. This will cut down the application and [preliminary] approval period to five days. Trademarks and designs shouldn’t take long to approve anyway because these are easy enough to review,” Andrew Michael S. Ong, IPOPhil deputy director-general, told BusinessWorld on the sidelines of the First Philippine Anti-Counterfeiting and Piracy Summit.
“Right now, we are averaging eight months for our approval process, because the applications need to be filed at the office directly. With the automation, these applications can be readily submitted online,” he continued.
Trademark and industrial design applications are first given preliminary approval by the IP office. The internal study determines whether the mark or model is eligible for an IP registration based on a standard criteria. Approved applications will then be published for opposition in various newspapers to ensure there are no other claimants and that public interests and welfare will not be harmed by the registration.
The automation, the official noted, pertains only to the preliminary approval process.
“The publication after the preliminary approval takes longer than five days, but this automation is a significant improvement on the current application process, so that people can find out immediately whether their trademarks or designs were rejected so they can immediately come up with a new one,” Mr. Ong explained.
“We are definitely expecting an increase in applications and registrations once the automation is rolled out, since this will make the process easier and cheaper for businesses,” he added.
Registered trademark and industrial designs last year increased by 7.58% and almost 23% (22.99%) to 12,028 and 642 filings, respectively, from a year earlier, IPOPhil data show.
read more: http://www.bworldonline.com/content.php?section=Economy&title=IPOPhil-eyes-automated-trademark-applications&id=40688
Sunday, 23 October 2011
Trademark, International Trademark Laws Vital to Global Businesses
Companies go to great lengths to protect their trademarks and logos. A recent conference by the United States Patent and Trademark Office (USPTO) highlighted the importance and the difficulty of doing that. The two day event drew more than 10,000 visitors of all ages.
Costumed characters were doing more than amusing visitors as they roamed around the National Trademark Expo - they were educating them. Or visit Trademark Consultant from Malaysia http://www.tigerintellectual.com/what-we-do/trademarks
"Trademarks extend not only to a picture or a logo but we have some characters trademarks," noted USPTO Commissioner Deborah Cohn. "So children actually see a lot of trademarks and have a lot to do with trademarks. We want people of all ages to know that it is very important to buy legitimate products rather than counterfeit products."
Cohn adds that trademarks can take many other forms, as well, including colors, smells and sounds. That surprises many Expo visitors.
"[Take for example] the lion's roar at the beginning of the MGM films. That is registered as a trademark. So maybe you could use a lion's roar for something completely different, but not for the films," Cohn added.
Trademark violations can hurt a business' reputation, and its bottom line. Last year, U.S. officials seized almost $200 million worth of counterfeit products, which looked like the real thing.
Consumers can be hurt, too. C. T. Toner is with GED Testing Service, which develops an exam for earning a U.S. high school equivalency diploma. It has more than 3000 testing sites worldwide.
"We want everyone here in the expo to know that there are a lot of fraudulent programs online who use the GED name," said Toner. "So we don't want people to be taken advantage of, go online pay $300 for a test, get a diploma and realize that it was actually not a GED test that can be used for job or for a college entrance."
Entertainer Chubby Checker, who popularized the dance, the twist, in the 1960s, introduced a new trademarked candy bar he is selling for charity.
"[It is called] Chubby's Checkerbar. [It's in] a few places, but not big yet. But we think over the next couple of years this bar will be all over the world," said Checker.
For business owners, like Checker, who plan on expanding to global markets, the Expo offered seminars about protecting their brand.
"If infringing goods were being manufactured in China, just by example, and they are being sent from China, they are being sent into the United States. You do not have any rights in China at this time, what is your remedy?" asked Susan Anthoy of the USPTO.
Deborah Cohn says trademark protection extends only to national borders.
"So if you register your mark in the United States, then your rights extend in the United States. You would register it in each country that you want protection in," explained Cohn.
That is what David Holmes has learned today. The musician sells his CDs and performs live.
"When you are using the Internet, that is basically international and as a musician you probably would want your music to go internationally. I know I do," said Holmes.
Holms adds that he is now thinking of ways to protect his name as a trademark in the global marketplace.
Costumed characters were doing more than amusing visitors as they roamed around the National Trademark Expo - they were educating them. Or visit Trademark Consultant from Malaysia http://www.tigerintellectual.com/what-we-do/trademarks
"Trademarks extend not only to a picture or a logo but we have some characters trademarks," noted USPTO Commissioner Deborah Cohn. "So children actually see a lot of trademarks and have a lot to do with trademarks. We want people of all ages to know that it is very important to buy legitimate products rather than counterfeit products."
Cohn adds that trademarks can take many other forms, as well, including colors, smells and sounds. That surprises many Expo visitors.
"[Take for example] the lion's roar at the beginning of the MGM films. That is registered as a trademark. So maybe you could use a lion's roar for something completely different, but not for the films," Cohn added.
Trademark violations can hurt a business' reputation, and its bottom line. Last year, U.S. officials seized almost $200 million worth of counterfeit products, which looked like the real thing.
Consumers can be hurt, too. C. T. Toner is with GED Testing Service, which develops an exam for earning a U.S. high school equivalency diploma. It has more than 3000 testing sites worldwide.
"We want everyone here in the expo to know that there are a lot of fraudulent programs online who use the GED name," said Toner. "So we don't want people to be taken advantage of, go online pay $300 for a test, get a diploma and realize that it was actually not a GED test that can be used for job or for a college entrance."
Entertainer Chubby Checker, who popularized the dance, the twist, in the 1960s, introduced a new trademarked candy bar he is selling for charity.
"[It is called] Chubby's Checkerbar. [It's in] a few places, but not big yet. But we think over the next couple of years this bar will be all over the world," said Checker.
For business owners, like Checker, who plan on expanding to global markets, the Expo offered seminars about protecting their brand.
"If infringing goods were being manufactured in China, just by example, and they are being sent from China, they are being sent into the United States. You do not have any rights in China at this time, what is your remedy?" asked Susan Anthoy of the USPTO.
Deborah Cohn says trademark protection extends only to national borders.
"So if you register your mark in the United States, then your rights extend in the United States. You would register it in each country that you want protection in," explained Cohn.
That is what David Holmes has learned today. The musician sells his CDs and performs live.
"When you are using the Internet, that is basically international and as a musician you probably would want your music to go internationally. I know I do," said Holmes.
Holms adds that he is now thinking of ways to protect his name as a trademark in the global marketplace.
Thursday, 20 October 2011
Trademark Database
The Domestic Trade, Cooperatives and Consumerism Ministry launched a database system today, called the "Basket of Brand" (BOB), which will facilitate the listing of registered trademark owners.
Minister Datuk Seri Ismail Sabri Yaakob said the database would be used in detecting trademark infringements including those related to copyright, and in prosecuting the offenders.
Through the database, he said, the ministry would be able to prioritise on the investigations and seizure of items if the trademark owners agree to appear in court and help the prosecution prove copyright infringement.
Prior to this, he said, the ministry had problems in getting a conviction in such cases because trademark owners were unable to show proof of trademark ownership.
"Trademark owners should come forward to identify the infringed items and show proof of ownership," he said when opening the Intellectual Property Enforcement Convention at Kuala Lumpur Convention Centre, here.
source : http://www.bernama.com/bernama/v5/newsgeneral.php?id=621276
Minister Datuk Seri Ismail Sabri Yaakob said the database would be used in detecting trademark infringements including those related to copyright, and in prosecuting the offenders.
Through the database, he said, the ministry would be able to prioritise on the investigations and seizure of items if the trademark owners agree to appear in court and help the prosecution prove copyright infringement.
Prior to this, he said, the ministry had problems in getting a conviction in such cases because trademark owners were unable to show proof of trademark ownership.
"Trademark owners should come forward to identify the infringed items and show proof of ownership," he said when opening the Intellectual Property Enforcement Convention at Kuala Lumpur Convention Centre, here.
source : http://www.bernama.com/bernama/v5/newsgeneral.php?id=621276
Wednesday, 19 October 2011
Trademark Battle
Mountain View-based business networking service LinkedIn appears to be tempting some trademark confusion--and maybe, a lawsuit-- with the launch Wednesday of a new service it bills Classmates, to help its users connect with former classmates via the service. The name of the firm's new feature goes head to head with a trove of trademarks owned by Classmates Online, the subsidiary of Woodland Hills-based United Online. LinkedIn's new service helps connect its users with fellow college alumni. The firm described classmates in its announcement as "a tool for insights and networking for alumni of colleges and universities around the world." A cursory search of the U.S. Patent and Trademark database shows a number of registered trademarks of Classmates Online for the use of "Classmates" for a variety of online services around connecting college, school, and other alumni. United Online is no stranger to trademark battles -- it is the target itself a trademark lawsuit, for using Memory Lane as the name of an additional service tied to Classmates Online.
read more: http://www.socaltech.com/linkedin_s_classmates_tempts_trademark_battle/s-0038840.html
read more: http://www.socaltech.com/linkedin_s_classmates_tempts_trademark_battle/s-0038840.html
Sunday, 9 October 2011
Trademark Malaysia
Tiger Intellectual is an Intellectual Property (IP) Firm in Malaysia, Singapore, China and India specializing in trademark and industrial designs services and would be very obliged to act on your behalf in filing trademark applications and industrial design applications in Malaysia, Singapore, India and over 140 countries abroad. Contact us to find out the fee cost price.
Wednesday, 21 September 2011
Trademark | 'Hammer and sickle' trademark try rejected
A European Union high court has rejected a company's attempt to trademark the Soviet symbol, saying there is still too much opposition. The court ruling Tuesday confirmed an earlier decision by the EU trademark office.
It says the trademark sought by Couture Tech Ltd., a Tortola, British Virgin Islands-company linked to an unnamed Russian designer was "contrary to public policy and to accepted principles of morality" in Hungary.
The court assessed Hungary as a first case and did not look at any other member states. A rejection in any member state is enough to reject the trademark bid completely.
read more: http://www.cbc.ca/news/offbeat/story/2011/09/20/hammer-sickle-trademark.html
It says the trademark sought by Couture Tech Ltd., a Tortola, British Virgin Islands-company linked to an unnamed Russian designer was "contrary to public policy and to accepted principles of morality" in Hungary.
The court assessed Hungary as a first case and did not look at any other member states. A rejection in any member state is enough to reject the trademark bid completely.
read more: http://www.cbc.ca/news/offbeat/story/2011/09/20/hammer-sickle-trademark.html
Tuesday, 13 September 2011
Patent Infringement
Dolby has agreed to withdraw the patent infringement actions against RIM, and the cases were dismissed Monday following an agreement between the two parties, Dolby said. RIM could not be immediately reached for comment.
The financial terms of the licensing agreement were not disclosed, though Dolby said the agreement is on the standard terms offered by Via Licensing, a Dolby subsidiary that licenses patents essential to the HE AAC international standard on behalf of multiple essential patent owners.
Read more: http://www.pcworld.com/businesscenter/article/239879/research_in_motion_dolby_settle_patent_lawsuits.html
The financial terms of the licensing agreement were not disclosed, though Dolby said the agreement is on the standard terms offered by Via Licensing, a Dolby subsidiary that licenses patents essential to the HE AAC international standard on behalf of multiple essential patent owners.
Read more: http://www.pcworld.com/businesscenter/article/239879/research_in_motion_dolby_settle_patent_lawsuits.html
Friday, 9 September 2011
Wednesday, 31 August 2011
Trademark - Bucks Fizz members lose legal battle
The latest legal squabble over the name began when Nolan and Baker tried to trademark Original Bucks Fizz – but were refused by G – who owned the original trademark.. In return Nolan and Baker objected to G's continued use of the Bucks Fizz name, arguing that as their group had more original members they should have the rights to it.
However a ruling by the Intellectual Property Office has sided with G – stating that given Buck Fizz existed in all sorts of incarnations over the years, the amount of original members any one outfit involves was not relevant.
Nolan, Baker et al told reporters they were "bitterly disappointed" with the ruling, and planned to appeal.
read more: http://www.musicweek.com/story.asp?sectioncode=1&storycode=1046414&c=1
However a ruling by the Intellectual Property Office has sided with G – stating that given Buck Fizz existed in all sorts of incarnations over the years, the amount of original members any one outfit involves was not relevant.
Nolan, Baker et al told reporters they were "bitterly disappointed" with the ruling, and planned to appeal.
read more: http://www.musicweek.com/story.asp?sectioncode=1&storycode=1046414&c=1
Tuesday, 30 August 2011
Register Trademark in Malaysia
Trademark
If you wish to register trademark in Malaysia, please visit Tiger Intellectual.
Pact signed to support EAC clearing agents
Kampala. Federation of East African Freight Forwarders Associations has signed a pact with Trademark East Africa (TMEA), for the latter to give $1 million (Sh1.5 billion) to support clearing agents training programme aimed at improving regional trade.The memorandum of understanding (MOU) agreement was signed over the weekend by the Federation of East African Freight Forwarders Associations (FEAFFA) president, Mr John Bosco Rusagara and Silas Kanamugire, who represented TradeMark East Africa (TMEA).
Speaking at the event, the FEAFFA Regional Executive Officer, Mr John Mathenge said the partnership was expected to enhance the delivery capacity of the regional freight forwarders training programme in the region.
“As a step towards improving trade logistics and the investment climate in East Africa, TradeMark will be a key partner as we continue to provide leadership in driving the EAC integration process on behalf of our members,” he said.
read more: http://thecitizen.co.tz/business/13-local-business/14231-pact-signed-to-support-eac-clearing-agents.html
If you wish to register trademark in Malaysia, please visit Tiger Intellectual.
Pact signed to support EAC clearing agents
Kampala. Federation of East African Freight Forwarders Associations has signed a pact with Trademark East Africa (TMEA), for the latter to give $1 million (Sh1.5 billion) to support clearing agents training programme aimed at improving regional trade.The memorandum of understanding (MOU) agreement was signed over the weekend by the Federation of East African Freight Forwarders Associations (FEAFFA) president, Mr John Bosco Rusagara and Silas Kanamugire, who represented TradeMark East Africa (TMEA).
Speaking at the event, the FEAFFA Regional Executive Officer, Mr John Mathenge said the partnership was expected to enhance the delivery capacity of the regional freight forwarders training programme in the region.
“As a step towards improving trade logistics and the investment climate in East Africa, TradeMark will be a key partner as we continue to provide leadership in driving the EAC integration process on behalf of our members,” he said.
read more: http://thecitizen.co.tz/business/13-local-business/14231-pact-signed-to-support-eac-clearing-agents.html
Saturday, 20 August 2011
Trademark in Malaysia
Trademark in Malaysia
SINGAPORE: A panel appointed by The Kuala Lumpur Regional Centre for Arbitration (KLRCA) has ruled in favour of PropertyGuru Group’s ownership of the domain name propertyguru.com.my in respect of the complaint filed by AllProperty Media Pte Ltd (“PropertyGuru”) against the use and registration of the propertyguru.com.my domain name in May by Think Media Sdn Bhd, a Malaysian company acquired by the iProperty group of companies in 2010.
It was ruled that iProperty had acted in bad faith and was requested to transfer the propertyguru.com.my domain back to PropertyGuru by August 4.
The panel comprising three legal specialists in intellectual property ruled:
“The panel appointed by KLRCA has clearly ruled that we are the rightful owners of propertyguru.com.my and that iProperty had acted in bad faith in relation to this. We are delighted that justice has been served and that we can continue to focus on providing the best possible service to our end users and advertisers," said PropertyGuru Group CEO Steve Melhuish .
As a result of iProperty's use of the propertyguru.com.my domain name, PropertyGuru had no choice but to operate its Malaysian website using the "homeguru.com.my" domain last year.
source: http://www.mmail.com.my/content/78791-propertyguru-wins-back-domain-name
SINGAPORE: A panel appointed by The Kuala Lumpur Regional Centre for Arbitration (KLRCA) has ruled in favour of PropertyGuru Group’s ownership of the domain name propertyguru.com.my in respect of the complaint filed by AllProperty Media Pte Ltd (“PropertyGuru”) against the use and registration of the propertyguru.com.my domain name in May by Think Media Sdn Bhd, a Malaysian company acquired by the iProperty group of companies in 2010.
It was ruled that iProperty had acted in bad faith and was requested to transfer the propertyguru.com.my domain back to PropertyGuru by August 4.
The panel comprising three legal specialists in intellectual property ruled:
- The propertyguru.com.my domain name was identical to PropertyGuru's "PropertyGuru" trademark, and was confusingly similar to PropertyGuru's propertyguru.com.sg and propertyguru.com.my trade marks.
- PropertyGuru had established goodwill and reputation with end users and real estate developers in the "PropertyGuru" trade mark in Malaysia since mid 2008.
- iProperty had used and registered the propertyguru.com.my domain in bad faith.
- iProperty, being a competitor of PropertyGuru, was fully aware of PropertyGuru's prior use, goodwill and reputation in the "PropertyGuru" Trademark in Malaysia.
- The registration and use by iProperty of home-guru.com.my which was closely similar to homeguru.com.my belonging to HomeGuru Sdn Bhd, the Malaysian company which forms part of the PropertyGuru group of companies further supported an inference of bad faith by iProperty in using and registering the propertyguru.com.my domain
- iProperty had failed to demonstrate any rights and legitimate interests in the propertyguru.com.my domain name
“The panel appointed by KLRCA has clearly ruled that we are the rightful owners of propertyguru.com.my and that iProperty had acted in bad faith in relation to this. We are delighted that justice has been served and that we can continue to focus on providing the best possible service to our end users and advertisers," said PropertyGuru Group CEO Steve Melhuish .
As a result of iProperty's use of the propertyguru.com.my domain name, PropertyGuru had no choice but to operate its Malaysian website using the "homeguru.com.my" domain last year.
source: http://www.mmail.com.my/content/78791-propertyguru-wins-back-domain-name
Monday, 15 August 2011
Trademark Dispute : Facebook vs. Shagbook
source: http://mashable.com/2011/08/04/facebook-vs-shagbook/ and http://www.scribd.com/doc/61627005/Facebook-vs-Shagbook
In an eyebrow-raising trademark battle, Facebook filed suit against adult dating site Shagbook in May. Facebook’s contention: that the world’s largest social network would be “damaged by the issuance of a registration for the mark Shagbook.”
Shagbook has now filed its own opposition, along with counterclaims, with the United States Patent and Trademark Office.
As represented by SNRG Ventures, Shagbook, in the filing, “denies the allegation that Facebook is highly distinctive as it is a generic term.” It also challenges the validity of Facebook’s trademark, arguing that it should never have been granted.
Read more from above source link, if you wish to register trademark in Malaysia, Singapore, India and China, please visit
1) Trademark in Malaysia
2) Trademark in Singapore
3) Trademark in China
4) Trademark in India
In an eyebrow-raising trademark battle, Facebook filed suit against adult dating site Shagbook in May. Facebook’s contention: that the world’s largest social network would be “damaged by the issuance of a registration for the mark Shagbook.”
Shagbook has now filed its own opposition, along with counterclaims, with the United States Patent and Trademark Office.
As represented by SNRG Ventures, Shagbook, in the filing, “denies the allegation that Facebook is highly distinctive as it is a generic term.” It also challenges the validity of Facebook’s trademark, arguing that it should never have been granted.
Read more from above source link, if you wish to register trademark in Malaysia, Singapore, India and China, please visit
1) Trademark in Malaysia
2) Trademark in Singapore
3) Trademark in China
4) Trademark in India
Saturday, 13 August 2011
Trademark Lawsuit : Louboutin’s ‘Red Soles’
source : http://www.huffingtonpost.com/2011/08/11/louboutin-red-soles-lawsuit_n_924110.html
NEW YORK — In a court case that has all sides seeing red, a judge said Wednesday that a French maker of luxury shoes worn by stars such as Sarah Jessica Parker, Scarlett Johansson and Halle Berry will likely fail in its effort to stop other shoemakers from producing high-heeled women’s shoes with red soles.
U.S. District Judge Victor Marrero refused a request by Christian Louboutin to stop the sale of women’s shoes with red soles by competitor Yves Saint Laurent S.A.S., another French company based in Paris. Though the ruling came at an early stage of consideration of a lawsuit Louboutin brought in April, the judge said it will probably be tossed out.
He said it was unlikely Louboutin could defend an “overly broad” trademark granted in 2008 by the U.S. Patent and Trademark Office. The judge said the office was “perhaps swayed in part by the widespread recognition the red sole had already attained” as the shoes became a favorite of well-heeled famous clients. The trademark notes that the color red is claimed as a feature of the mark, which consists of a lacquered red sole on footwear.
“Awarding one participant in the designer shoe market a monopoly on the color red would impermissibly hinder competition among other participants,” Marrero wrote. He said it would be as if Picasso had sued Monet, saying he painted his water lilies with a distinctive indigo that Picasso used on his images of water.
He said Louboutin’s ownership claim to a red sole would harm competition not only in high fashion shoes, but potentially in the markets for other fashion articles as well, putting makers of dresses, coats, bags, hats and gloves in fear of lawsuits.
“Louboutin’s claim would cast a red cloud over the whole industry, cramping what other designers do, while allowing Louboutin to paint with a full palette,” he said.
Harley Irwin Lewin, a lawyer for Louboutin, said he was disappointed with the ruling and believes it was contrary to trademark law.
“He has decided that in the fashion industry, people shouldn’t own a trademark that consists of a single color regardless of its use and regardless of the fact the trademark has achieved trademark status with the public,” Lewin said. “We made a point of saying it isn’t on an article of fashion. It’s on the bottom of a shoe.”
Lewin said he believes he can appeal the ruling prior to trial but will not decide until speaking with the company.
At the appeals level, he added: “I think we win hands down.”
Jyotin Hamid, a lawyer for Yves Saint Laurent, said the company was pleased with the ruling.
“No designer should be able to monopolize a color in fashion,” he said. He said the company looks forward to continuing to manufacture red soled shoes, which it has been doing since the 1970s.
Marrero rejected claims by lawyers for Louboutin that the footwear designer only plans to enforce the trademark on high-heeled shoes and only in regard to specific shades of red, saying to do so would invite endless legal challenges and force judges to become “an arbiter of fashion design.”
He said upholding the trademark could also set off “imperial color wars in women’s high fashion footwear.” He suggested Yves Saint Laurent might act on its claim that it pioneered the monochrome shoe design and asserting rights to the single color shoe concept in all shades.
Marrero added: “What about hostile color grabs in the markets for low-fashion shoes? Or for sports shoes? Or expanding beyond footwear, what about inner linings, collars, or buttons on coats, jackets, or dresses in both women’s and men’s apparel?”
The judge said the trademark was unlikely to survive legal challenges “because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition.”
Marrero acknowledged the enormous success Louboutin has achieved since the designer began in 1992 to apply glossy vivid red to the outsoles of his fancy women’s shoes, beginning with red nail polish he applied to the black soles of a pair of women’s shoes.
At prices up to $1,000 a pair, the shoes became a favorite of celebrities, causing the red outsole to become closely associated with the Louboutin name and leading even Yves Saint Laurent to acknowledge its success, “however begrudgingly,” Marrero wrote.
By this year, Louboutin was projecting sales of about 240,000 in the U.S. alone and envious competitors and black-market shoe makers are eager to capitalize on the success, the judge said.
Should you wish to register trademark in Malaysia, Singapore, India, China and over 140 countries, please visit below site
1) Trademark in Malaysia
2) Trademark in Singapore
3) Trademark in China
4) Trademark in India
NEW YORK — In a court case that has all sides seeing red, a judge said Wednesday that a French maker of luxury shoes worn by stars such as Sarah Jessica Parker, Scarlett Johansson and Halle Berry will likely fail in its effort to stop other shoemakers from producing high-heeled women’s shoes with red soles.
U.S. District Judge Victor Marrero refused a request by Christian Louboutin to stop the sale of women’s shoes with red soles by competitor Yves Saint Laurent S.A.S., another French company based in Paris. Though the ruling came at an early stage of consideration of a lawsuit Louboutin brought in April, the judge said it will probably be tossed out.
He said it was unlikely Louboutin could defend an “overly broad” trademark granted in 2008 by the U.S. Patent and Trademark Office. The judge said the office was “perhaps swayed in part by the widespread recognition the red sole had already attained” as the shoes became a favorite of well-heeled famous clients. The trademark notes that the color red is claimed as a feature of the mark, which consists of a lacquered red sole on footwear.
“Awarding one participant in the designer shoe market a monopoly on the color red would impermissibly hinder competition among other participants,” Marrero wrote. He said it would be as if Picasso had sued Monet, saying he painted his water lilies with a distinctive indigo that Picasso used on his images of water.
He said Louboutin’s ownership claim to a red sole would harm competition not only in high fashion shoes, but potentially in the markets for other fashion articles as well, putting makers of dresses, coats, bags, hats and gloves in fear of lawsuits.
“Louboutin’s claim would cast a red cloud over the whole industry, cramping what other designers do, while allowing Louboutin to paint with a full palette,” he said.
Harley Irwin Lewin, a lawyer for Louboutin, said he was disappointed with the ruling and believes it was contrary to trademark law.
“He has decided that in the fashion industry, people shouldn’t own a trademark that consists of a single color regardless of its use and regardless of the fact the trademark has achieved trademark status with the public,” Lewin said. “We made a point of saying it isn’t on an article of fashion. It’s on the bottom of a shoe.”
Lewin said he believes he can appeal the ruling prior to trial but will not decide until speaking with the company.
At the appeals level, he added: “I think we win hands down.”
Jyotin Hamid, a lawyer for Yves Saint Laurent, said the company was pleased with the ruling.
“No designer should be able to monopolize a color in fashion,” he said. He said the company looks forward to continuing to manufacture red soled shoes, which it has been doing since the 1970s.
Marrero rejected claims by lawyers for Louboutin that the footwear designer only plans to enforce the trademark on high-heeled shoes and only in regard to specific shades of red, saying to do so would invite endless legal challenges and force judges to become “an arbiter of fashion design.”
He said upholding the trademark could also set off “imperial color wars in women’s high fashion footwear.” He suggested Yves Saint Laurent might act on its claim that it pioneered the monochrome shoe design and asserting rights to the single color shoe concept in all shades.
Marrero added: “What about hostile color grabs in the markets for low-fashion shoes? Or for sports shoes? Or expanding beyond footwear, what about inner linings, collars, or buttons on coats, jackets, or dresses in both women’s and men’s apparel?”
The judge said the trademark was unlikely to survive legal challenges “because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition.”
Marrero acknowledged the enormous success Louboutin has achieved since the designer began in 1992 to apply glossy vivid red to the outsoles of his fancy women’s shoes, beginning with red nail polish he applied to the black soles of a pair of women’s shoes.
At prices up to $1,000 a pair, the shoes became a favorite of celebrities, causing the red outsole to become closely associated with the Louboutin name and leading even Yves Saint Laurent to acknowledge its success, “however begrudgingly,” Marrero wrote.
By this year, Louboutin was projecting sales of about 240,000 in the U.S. alone and envious competitors and black-market shoe makers are eager to capitalize on the success, the judge said.
Should you wish to register trademark in Malaysia, Singapore, India, China and over 140 countries, please visit below site
1) Trademark in Malaysia
2) Trademark in Singapore
3) Trademark in China
4) Trademark in India
Friday, 12 August 2011
STREAMBANK, LLC TO MANAGE SALE OF BORDERS GROUP'S INTELLECTUAL PROPERTY ASSETS
Thursday 11/08/2011
AsiaNet 45874
KUALA LUMPUR, Aug. 11, 2011 /BERNAMA-AsiaNet/ –
The Bankruptcy Court for the Southern District of New York today approved the retention of Streambank, LLC to market and sell the intellectual property assets of Borders Group, Inc., including its Borders(R), Waldenbooks(R), and Brentano’s(R) trademark and the Borders.com e-commerce business assets. The Bankruptcy Court has authorized a sale process for the intellectual property assets that requires bids for the assets by September 8, 2011 and an auction on September 14, 2011.
Commenting on the sale, Streambank Principal David Peress noted “Borders has established a worldwide reputation as a leading destination for buyers of physical and digital media including books, eBooks, eReaders and related accessories. Borders remains engaged with its customers through the Borders.com e-commerce site which it expects to continue in business until transitioned to a new operator. In addition to its trademarks and e-commerce assets, Borders is the holder of a contiguous block of IPv4 addresses which it seeks to transfer to a qualified buyer.”
In accordance with the Bankruptcy Court Order approving the intellectual property sale process, Borders has the ability to provide certain protections to bidders who make meaningful non-contingent offers for the intellectual property assets. Parties with an interest in the intellectual property assets should contact David Peress at +1-781-444-4940 or dperess@streambankllc.com for more information.
About Streambank
Streambank is an advisory firm, specializing in the valuation, marketing, and sales of intangible assets for businesses at all stages. Streambank identifies, preserves, and extracts value for clients through the application of experience, diligence and creativity. The firm’s recent experience includes Robb & Stucky Furniture, Berkline/BenchCraft, Tavern on the Green, Anchor Blue, Movie Gallery, Circuit City Stores, KB Toys and other notable trademarks and brand names. Additionally, Streambank provides intangible asset valuation services to stakeholders in a variety of contexts including compliance and reporting, lending, and for the resolution of disputes. Streambank provides sound advice on value maximization strategies and liquidity options. Streambank is headquartered in Needham, MA and has offices in New York, NY.
SOURCE: Streambank, LLC
DATE OF RELEASE: 11 AUGUST 2011
RELEASED BY BERNAMA MEDIA RELATIONS & EVENT MANAGEMENT (MREM)
AsiaNet 45874
KUALA LUMPUR, Aug. 11, 2011 /BERNAMA-AsiaNet/ –
The Bankruptcy Court for the Southern District of New York today approved the retention of Streambank, LLC to market and sell the intellectual property assets of Borders Group, Inc., including its Borders(R), Waldenbooks(R), and Brentano’s(R) trademark and the Borders.com e-commerce business assets. The Bankruptcy Court has authorized a sale process for the intellectual property assets that requires bids for the assets by September 8, 2011 and an auction on September 14, 2011.
Commenting on the sale, Streambank Principal David Peress noted “Borders has established a worldwide reputation as a leading destination for buyers of physical and digital media including books, eBooks, eReaders and related accessories. Borders remains engaged with its customers through the Borders.com e-commerce site which it expects to continue in business until transitioned to a new operator. In addition to its trademarks and e-commerce assets, Borders is the holder of a contiguous block of IPv4 addresses which it seeks to transfer to a qualified buyer.”
In accordance with the Bankruptcy Court Order approving the intellectual property sale process, Borders has the ability to provide certain protections to bidders who make meaningful non-contingent offers for the intellectual property assets. Parties with an interest in the intellectual property assets should contact David Peress at +1-781-444-4940 or dperess@streambankllc.com for more information.
About Streambank
Streambank is an advisory firm, specializing in the valuation, marketing, and sales of intangible assets for businesses at all stages. Streambank identifies, preserves, and extracts value for clients through the application of experience, diligence and creativity. The firm’s recent experience includes Robb & Stucky Furniture, Berkline/BenchCraft, Tavern on the Green, Anchor Blue, Movie Gallery, Circuit City Stores, KB Toys and other notable trademarks and brand names. Additionally, Streambank provides intangible asset valuation services to stakeholders in a variety of contexts including compliance and reporting, lending, and for the resolution of disputes. Streambank provides sound advice on value maximization strategies and liquidity options. Streambank is headquartered in Needham, MA and has offices in New York, NY.
SOURCE: Streambank, LLC
DATE OF RELEASE: 11 AUGUST 2011
RELEASED BY BERNAMA MEDIA RELATIONS & EVENT MANAGEMENT (MREM)
Tuesday, 26 July 2011
What is Copyright
You should only copy or use a work protected by copyright with the copyright owner's permission. Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on.
A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it. For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on. Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark.
Copyright can protect:
Copyright allows you to protect your original material and stops others from using your work without your permission. The existence of copyright may be enough on its own to stop others from trying to exploit your material. If it does not, it gives you the right to take legal action to stop them exploiting your copyright, and to claim damages.
By understanding and using your copyright and related rights protection, you can:
A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it. For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on. Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark.
Copyright can protect:
- Dramatic works, including dance or mime
- Musical works
- Recordings of a work, including sound and film
- Broadcasts of a work
- Layouts or typographical arrangements used to publish a work, for a book for instance
- Artistic works, including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos
- Literary works, including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database
- Claim as an ownership of copyright or filing copyright in other countries.
- Determining the applicability of copyright protection.
- Licensing.
Copyright allows you to protect your original material and stops others from using your work without your permission. The existence of copyright may be enough on its own to stop others from trying to exploit your material. If it does not, it gives you the right to take legal action to stop them exploiting your copyright, and to claim damages.
By understanding and using your copyright and related rights protection, you can:
- License your copyright for use by others but retain the ownership.
- Sell the copyright but retain the moral rights.
- Object if your work is distorted or mutilated.
Monday, 25 July 2011
Saturday, 2 July 2011
Trademark Malaysia Singapore by Tiger Intellectual
Tiger Intellectual is an Asia [Malaysia, Singapore, India, China] based Intellectual Property Firm focusing on trademark and copyright services.
Our qualified consultants offer professional advice and expertise on all kinds of matters in connection to trade mark, including Trademark Filing, Trademark Registration, Trademark Renewal, Trademark Watching, Trademark Promotion or Branding, Trademark Strategies, Trademark Commercialization, Trademark Management, Trademark Licensing.
Tiger Intellectual Property services also include:
Copyright
> Literary works;
> Musical works;
> Artistic works;
> Films;
> Sound recordings;
> Broadcasts; and
> Derivative works
We are supported by an excellent team of skilled support staff and by industry leading information systems, both of which assist us to manage our client’s portfolios efficiently, safely and securely.
Our qualified consultants offer professional advice and expertise on all kinds of matters in connection to trade mark, including Trademark Filing, Trademark Registration, Trademark Renewal, Trademark Watching, Trademark Promotion or Branding, Trademark Strategies, Trademark Commercialization, Trademark Management, Trademark Licensing.
Tiger Intellectual Property services also include:
Copyright
> Literary works;
> Musical works;
> Artistic works;
> Films;
> Sound recordings;
> Broadcasts; and
> Derivative works
We are supported by an excellent team of skilled support staff and by industry leading information systems, both of which assist us to manage our client’s portfolios efficiently, safely and securely.
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