IP Buzz - April 2011

Edited by Meaghan Hemmings Kent, Clifton E. McCann and Elissa Brockbank Reese

IP LEGAL NEWS AND UPDATES

Fourth Circuit Revives Rosetta Stone's Claims Against Google Over its AdWords Program

Jacqueline Levasseur Patt

In a closely-watched battle, the Fourth Circuit brought life back into Rosetta Stone's trademark infringement and dilution claims against Google stemming from its AdWords program. Google's AdWords program allows advertisers to purchase "keywords" that launch the advertiser's ads when the keyword is entered as a search term in Google.

Decision-Making Is Not Patentable: The SmartGene Case

Peter Curtin

Recently, a district court for the District of Columbia invalidated a patent claiming a system and method to guide the selection of therapeutic treatments using a computer program.

IP: Trademark Disputes as an Unintended Consequence of Distribution Agreements

Brett A. Garner and Melissa C. McLaughlin

Manufacturers can lose their own trademark rights to distributors if contracts are vague. Some jurisdictions are more willing than others to use these factors in determining which party has rights to a trademark. The Seventh Circuit and Third Circuit will not use the factors to divest a party of ownership of the trademark, once initial ownership has been established. On the other hand, the Northern District of California has emphasized that an exclusive distributor can acquire trademark rights superior to those of the manufacturer.

Click here to view this article in Inside Counsel.

Court Denies Class Action in Continuity Product Case

Gregory J. Sater

On March 6, the U.S. Court of Appeals for the Third Circuit ruled in favor of Synapse Group Inc. and against the class action plaintiffs by affirming a lower court's denial of class certification. Most cases are so expensive to litigate after class certification that they must be settled if the putative class gets certified. For that reason, denial of certification is a big deal for a marketer-defendant.

Click here to view the full text of this article from DRMA Voice, Response Magazine.

IP: What's in a Name?

Brett A. Garner and Deborah A. Feinblum

A successful trademark is a mark that immediately conveys to the relevant public the source of the goods and services, the brand. Since trademark law is intended to protect the consumer, it is only fitting that generic marks are not protectable. A generic mark is generally thought of as being devoid of any source indicating significance and simply...