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News Channel
Issue: September 2009
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Pirate Bay evades effect of Swedish injunction to shut down Pirate Bay |
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A Swedish court ordered the Swedish Internet Service Provider Black Internet
to stop providing services to Pirate Bay or face a fine of 500,000 Krone.
(about 50,000 Euros) This shut down Pirate Bay, but only temporarily as
Pirate Bay obviously has other ISP's. As of today the Pirate Bay is still
back up and crowing about it on Twitter as well as on piratebay.org. Pirate
Bay is a notorious file-sharing site which provides a platform for
widespread copyright infringement through free file sharing , known as
torrents, of proprietary content such as music, audio books, movies and
other media. This scenario illustrates the difficulty of combating
international pirate organizations through national judicial systems.
In July a Dutch court ordered Pirate Bay to block access to its site, but
this order also failed to shut down the website at least from where I am
sitting (Washington DC) . The organizers of Pirate Bay, citizens of Sweden,
have turned their project into a free internet political cause, even running
for and winning a seat in the European Parliament in June 2009, and in 2007
pretending to try to form their own country by planning buying an offshore
oil rig island, while appealing criminal convictions in the Swedish courts.
Copyright owners, of course, have a different opinion. Plans by Global
Gaming Factory, another Swedish company, to buy Pirate Bay and possibly turn
it into a legitimate fee-paying site are on hold based financial issues.
Contributed by Janet Satterthwaite, Venable LLP and Cyberspace Team.
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Protection of Trademark Rights in China |
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The Chinese government has in recent months stepped up their efforts to
strengthen the trademark protection and enforcement regime within mainland
China. Since April 2009 there have been a number of significant
developments.
MARQUES
member Ms Ai-Leen Lim of Bird & Bird IP has kindly provided a report on the
changes in China which can be downloaded here
[http://www.marques.org/Elink?ID=0074].
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Geographical Indications Team |
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Moskovskaya - refusal overturned |
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Back in 2008 The Geographical Indications Team published comments on the
Moskovskaya case, where the Trademark Trial and Appeal Board USPTO had
refused registration of the mark MOSKOVSKAYA for vodka. A second part of the
Moskovskaya case has now taken place and the United States Court of Appeals
for the Federal Circuit (CAFC) has overturned the refusal, in an appeal by
the Applicant, Spirits International N.V.
For more information visit
[http://www.marques.org/Elink?ID=0073].
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New Cases Available |
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MARQUES
is pleased to inform its members that this months selection of cases, drawn
from pan-European and national tribunals, has been added to the Case
Database. This months cases include the Court of Appeals
decision on Ralph Lauren v eBay in which eBay purchased the term 'Ralph
Lauren' on the Google owned Adword system. Other cases include
Tupperware v Tuppersex, King Cool v King Cone and Famoxin v Lanoxin.
[http://www.marques.org/Elink?ID=0072]. |
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MARQUES,
840 Melton Road, Thurmaston, Leicester, LE4 8BN, United Kingdom
Tel: +44
116 264 0080, Fax: +44 116 264 0141, Email: info@marques.org, URL: http://www.marques.org
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