Monthly Archives: February 2013

Second Circuit Upholds Ruling in Favor of Ralph Lauren in Trademark Dispute

The United States Court of Appeals for the Second Circuit ruled recently that the United States Polo Association (USPA) cannot use its “Double Horsemen” logo on men’s fragrances, affirming the district court’s finding of trademark infringement and entry of a permanent injunction in favor of PRL USA Holdings, Inc. (PRL).  PRL is the owner and … Continue Reading

Proposed Florida Law Would Require Warrants for Cellphone Searches

Florida lawmakers have proposed that the government be required to obtain a warrant before searching the contents of “portable electronic devices” or tracking their locations.  The bill, S.B. 846, was introduced by State Representative Jeff Brandes and would go into effect on July 1, 2013. The proposed Florida law would apply to “portable electronic devices,” … Continue Reading

The German Competition Authority Investigates Price Parity Policy of

The German competition authority (Bundeskartellamt) recently launched a survey intended to assist it in assessing the impact of the price parity policy of on retailers offering products on online marketplaces (such as eBay). The Bundeskartellamt states that’s price parity policy requires that the price of each product that a retailer offers should not be … Continue Reading

European Commission Consults on Revised Competition Regime for Technology Transfer Agreements

By John Wileur, Jennifer Boudet, and Miranda Cole The European Commission published for consultation its proposal for revisions to the EU technology transfer competition regime yesterday.  The Commission is consulting on its proposals until 17 May 2013. The EU’s approach to the application of competition law to technology transfer agreements is set out in two … Continue Reading

Annual Employment Report Requirement For Broadcasters and MVPDs Back in Effect

The Federal Communications Commission (FCC) has published a notice in the Federal Register that the requirement to file an Annual Employment Report is effective immediately.  This requirement — entailing the filing of an FCC Form 395-A for multichannel video programming distribution systems (MVPDs) and an FCC Form 396-B for broadcasters — was adopted years ago, … Continue Reading

Federal Courts Increasingly Receptive to IP Geolocation Data; Copyright, Other Lawsuits Affected

A series of recent decisions suggests that federal courts increasingly are accepting evidence derived from Internet Protocol (IP) geolocation databases, which make it possible to look up the geographic location of a computer or other similarly-equipped electronic device.  This development may be particularly significant in the area of copyright litigation, where alleged online infringers can … Continue Reading

Commenters Debate FCC Proposals on Ownership Reporting

Interested parties have filed comments at the Federal Communications Commission (FCC) regarding proposed changes to the requirements for ownership reports.  In a Notice of Proposed Rulemaking released in January, the FCC asked for comment on several issues related to the ownership reports filed by broadcast licensees and by others with attributable interests in licensees. Among … Continue Reading

The European Network and Information Security Agencies (ENISA) Releases New Cyber-Security Cloud Computing Recommendations

By Fredericka Argent and Ezra Steinhardt On 14 February 2013, ENISA announced the release of a new report titled “Critical Cloud Computing – A CIIP Perspective on Cloud Computing Services”. The report sets out new cyber-security measures for cloud providers and users to implement when protecting “CII systems” against outages, disruptions and cyber-attacks.  “CII systems” … Continue Reading

President Obama Issues Cybersecurity Executive Order

In his State of the Union message on Tuesday, President Obama announced that he had signed an Executive Order addressing the cybersecurity of  critical infrastructure.  President Obama emphasized that in the face of threats to corporate secrets, the power grid, and financial institutions, among others, “We cannot look back years from now and wonder why … Continue Reading

FCC Proposes New Rules to Address Call Completion Complaints

Last week, the Federal Communications Commission (“FCC”) adopted a notice of proposed rulemaking (“NPRM”) proposing to require facilities-based originating long-distance voice service providers to collect, retain and report on phone call answer rate data to rural and non-rural areas.  The NPRM also proposes to prohibit both originating and intermediate voice service providers from causing so-called … Continue Reading

The English High Court Rules that a Copyright Infringer Is a Trespasser, Not a Thief

By Jacqueline Clover and Helena Marttila-Bridge On 5 February 2013, the English High Court handed down a judgment in Twentieth Century Fox Film Corp & Ors v Harris & Ors [2013] EWHC 159 (Ch), according to which copyright owners have no proprietary rights to the money derived from infringement of their copyright. The case involved … Continue Reading

Top Ten Developments in U.S. Trademark Law During 2012

In addition to the copyright “top ten” announced yesterday, Covington’s Intellectual Property Rights Group also published its annual list of the ten most significant and interesting developments in U.S. trademark law from the previous year. The 2012 list features updates on the application of trademark law to online keyword advertising; the launch of the generic … Continue Reading

Top Ten Developments in U.S. and European Copyright Law During 2012

Covington’s Intellectual Property Rights Group recently published its annual list of the ten most significant and interesting developments in U.S. and European copyright law from the previous year. Highlights from 2012 include key decisions regarding the scope of copyright protection for computer software; evolving standards for websites’ liability for hosting or linking to infringing content; … Continue Reading

World Health Organization (WHO) Executive Board Considers New Resolution on R&D for Neglected Diseases, With Implications for IP

By Bonnie Drury and Ezra Steinhardt Controversy continues over WHO negotiations for a binding global medical research & development treaty — and the negotiations may now stall until May at the earliest. In late November 2012, members of the Consultative Expert Working Group on Research and Development:  Financing and Coordination (the CEWG) agreed the text … Continue Reading

SpectrumWatch: FCC Considers Relocating Spectrum for Wireless Medical Devices in Repacking of Broadcaster Spectrum

The Federal Communications Commission sought comment, in connection with the incentive auction and repacking process reported in previous posts, on whether to relocate wireless medical telemetry service (“WMTS”) users from the 608-614 MHz spectrum band, known as Channel 37, or allow unlicensed devices to coexist with WMTS on Channel 37.  The proposal elicited comments by … Continue Reading

SpectrumWatch: 3 Key Areas of Industry Agreement Regarding the FCC’s Spectrum Auction and Repacking Proposals

The Federal Communications Commission received over 300 comments from the public regarding its proposals to allow broadcast television stations to voluntarily participate in an auction of their spectrum to mobile broadband providers and to involuntarily repack remaining television stations into a smaller television spectrum band.  Broadcast television station groups, individual stations, mobile broadband providers, wireless … Continue Reading

The Geography of Online Infringement: Study Names Sweden as Hotspot for Infringement

A recent study reports that country code Top-Level Domains (“ccTLDs”) belonging to Sweden, the Netherlands, and the United Kingdom are the most commonly used for online copyright infringement.  The study, published in January by Internet researcher Cedric Manara, focuses on data provided by Google regarding the requests it receives to remove search results that link … Continue Reading

Recordkeeping Reminder for Service Providers and Equipment Manufacturers Offering Advanced Communications Services and Telecommunications Services

The Federal Communications Commission published a reminder to service providers and equipment manufacturers that provide advanced communications services — such as e-mail, instant messaging, Voice over Internet Protocol, and interoperable video conferencing services — or telecommunications services that are subject to Section 255 of the Communications Act to begin maintaining records by January 30, 2013 … Continue Reading

CPNI Certifications Due on March 1

As a reminder, telecommunications carriers must submit their annual certifications regarding customer proprietary network information (CPNI) by March 1.  CPNI is private customer information concerning telecommunications. Telecommunications carriers and providers of interconnected Voice over Internet Protocol (VoIP) must certify annually to the FCC that they comply with their obligations to protect and limit disclosure of … Continue Reading

FTC Settles Deception, COPPA Charges Against Social Networking App Path

Path, a social networking mobile app, has agreed to enter into a settlement with the Federal Trade Commission (“FTC”) regarding charges that the company deceived consumers by collecting contact information from users’ mobile address books without notice and consent.  The agreement also resolves charges that the company violated the Children’s Online Privacy Protection Act (“COPPA”) … Continue Reading

WTO Authorizes Antigua and Barbuda to Suspend United States Intellectual Property Rights Over Internet Gambling Dispute

The World Trade Organization issued approval on Monday for Antigua and Barbuda to impose sanctions on the United States that would authorize the suspension of  “certain concessions and obligations” that Antigua has “under international law to the United States in respect of intellectual property rights.”  The authorization would apply to obligations imposed on Antigua by … Continue Reading

Online Retailer Newegg Wins Major Victory in “Shopping Cart” Suit

The Federal Circuit issued a ruling last week vacating a Texas jury’s $2.5 million verdict against Newegg, Inc., and invalidating three “shopping cart” patents purportedly owned by Soverain Software, LLC. Soverain filed claims against major online and brick-and-mortar retailers for infringement of patents it holds based an e-commerce software system called “Transact,” which allows online … Continue Reading