Laws of .com

Volume VIII, Issue 3: February 4, 2010

Apple in Trademark Dispute Over “iPad”

Verizon Adopts “Graduated Response” Against Illegal Downloaders

Motorola Asks ITC to Ban RIM’s U.S. Imports Amid Licensing Impasse

Microsoft Sues TiVo for Patent Infringement Relating to DVR Products

Samsung and Rambus Partner to Settle Litigation

Cyrillic and Arabic Domain Names Get Clearance

Canada’s Privacy Commissioner to investigate Facebook

Apple in Trademark Dispute Over “iPad”

Fujitsu claims to be the owner of the trademark "iPad" based on its use of the mark with a multi-function touchscreen-enabled communication device.  Apple Inc. proposes to launch its new tablet under the same name in March and is already garnering significant publicity.  Though sold mainly in the United States since 2002 and for about $2,000, the Fujitsu iPad is primarily a point-of-sale device and not a household consumer item or name.

Fujitsu sought to register its mark in 2003 but an even earlier mark owner appeared to derail its plans.  Fujitsu revived its application in mid-2009.  Apple and Fujitsu appear to be heading for a battle before the U.S. Patent and Trademark Office as Apple has sought extensions to oppose the application. 

Apple faced a similar dispute a few years ago with the introduction of the iPhone, when Cisco claimed prior ownership of the name. The two companies eventually settled with an agreement to cooperate.

One point of interest is that several parties, none apparently Apple entities, have pending trademark applications filed in Canada for the iPad trademark.

For additional information, visit:
http://solutions.us.fujitsu.com/downloads/retail/DS_IPAD.pdf
http://www.nytimes.com/2010/01/29/technology/companies/29name.html
http://tinyurl.com/yc8scwk

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Verizon Adopts “Graduated Response” Against Illegal Downloaders

In December 2008, the Recording Industry Association of America (“RIAA”), a group which represents the recording industry distributors in the United States, made the surprising announcement that it would stop suing individuals accused of illegal file sharing. Instead, RIAA decided to work with major U.S. Internet service providers (ISPs) in adopting a “graduated response” to copyright infringement; comprised of warning notices to apparent infringers and followed by a discontinuance of Internet service should illegal downloading continue. In 2009, however, none of the major U.S. ISPs acknowledged support of this process, until recently when Verizon Communications Inc. (“Verizon”), a large American broadband and telecommunications company, confirmed it had “cut some people off” and that “[Verizon does] reserve the right to discontinue service” to subscribers who persist in illegally downloading copyrighted content.

A Verizon spokesperson indicated that initial warning notices began in April 2009 to certain subscribers, and proved to be effective in curbing illegal downloads of content, such as music, movies and games. The notices warn the subscriber that someone in their household may be illegally downloading copyrighted content, identifying the name of the file, the Internet protocol (IP) address used, and the time of the infringement, among other things. Verizon explains that it does not actually monitor its customers’ download activities, but receives requests for follow-up from the copyright owners, and does not give copyright owners subscriber contact information unless required by a court order.

For additional information, visit:
http://tinyurl.com/ydtl99v

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Motorola Asks ITC to Ban RIM’s U.S. Imports Amid Licensing Impasse

On January 22, 2010, Motorola, Inc. filed a complaint with the United States International Trade Commission (“ITC”) requesting an investigation under section 337 of the Tariff Act of 1930, into whether Research In Motion (“RIM”) is infringing Motorola’s patents by importing certain wireless communication system server software, wireless handheld devices and battery packs. This latest action relates to the alleged failure of the parties to renew their cross-licensing arrangements in December 2007, and the resulting litigation in Texas commenced in February 2008.

This type of multi-front litigation is not uncommon in the United States, where the ITC offers different procedures and remedies against the importation for sale of infringing articles than do the District Courts. If the ITC accepts the complaint and commences an investigation, the process is quite fast – with statutory target dates for final determination between 12 and 15 months. The investigation will likely take a little over a year. If the ITC finds that the complaint is well-founded, it can bar RIM from the sale or importation of its infringing products in the United States – and this order can be enforced by the U.S. Customs Service at the U.S. border.

For additional information, visit:
http://tinyurl.com/y954ut3

For reference to Motorola’s US ITC Complaint number 2710, filed January 22, 2010, visit:
http://tinyurl.com/yek6cn5

For a synopsis of the benefits of patent litigation before the U.S. ITC, visit:
http://tinyurl.com/y8rm5ms

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Microsoft Sues TiVo for Patent Infringement Relating to DVR Products

On January 19, 2010, Microsoft Corp. filed a lawsuit against TiVo Inc. in the U.S. District Court, Northern District of California (San Francisco), for violating several patents relating to video recording. Microsoft claims that components of TiVo’s digital video recorder (“DVR”) products, subscription services, and software infringe on Microsoft’s patents for a “system for displaying programming information” and a “system and method for secure purchase and delivery of video content programs”. Microsoft seeks a court order to prevent TiVo from using the patented technology without permission, plus unspecified money damages.

In August 2009, TiVo filed a lawsuit against AT&T Inc. and Verizon Communications Inc. in the U.S. District Court, Eastern District of Texas (Marshall), for infringing on patents relating to TiVo’s DVR products and software. However, on January 15, 2010, Microsoft intervened in support of its customer, AT&T, in the action initiated by TiVo, because AT&T’s DVR products use Microsoft software known as Mediaroom. TiVo says that Microsoft’s recent legal actions, including its intervention and its new lawsuit, are a means for Microsoft to defend AT&T. Microsoft says that it remains open to entering into an intellectual property licensing agreement with TiVo rather than proceeding with litigation.

For additional information, visit :
http://www.bloomberg.com/apps/news?pid=20601103&sid=aEWB.4KRx50w
http://abcnews.go.com/Technology/wireStory?id=9614800
http://www.pcmag.com/article2/0,2817,2358249,00.asp
http://money.cnn.com/news/newsfeeds/articles/marketwire/0578811.htm

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Samsung and Rambus Partner to Settle Litigation

Samsung Electronics Co. was recently sued by Rambus Inc. in connection with the infringement of certain patents relating to its memory chips. The two companies settled the lawsuit in late January, 2010. Under the terms of settlement, Samsung is to make an up-front cash payment of $200 million, purchase $200 million worth of Rambus’ stock, and make subsequent quarterly payments of $25 million over the next five years.

In addition, the companies have entered into an agreement to co-operate in the future to create a new generation of memory chip technology using both of the companies’ expertise and patented technologies. This work will focus on both mobile technologies as well as graphics applications. In the future, the companies also plan to collaborate on server chips and other technology based on flash memory.

For additional information, visit:
http://tinyurl.com/yc3agzd

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Cyrillic and Arabic Domain Names Get Clearance

After years of debate, the Internet Corporation for Assigned Names and Numbers (ICANN) has granted preliminary approval for Internet addresses to be written entirely in Cyrillic or Arabic. Russia, Egypt, Saudi Arabia and the United Arab Emirates received this approval, which could lead to Cyrillic or Arabic domain names by the middle of this year. Technical tricks have allowed portions of the Internet address to use non-Latin scripts, but until now, the domain name suffix had to use the Latin script. This change responds to increasing Internet usage among people of different tongues. Since November, ICANN has received applications from 16 other countries involving eight languages.

For additional information, visit:
http://technologyreview.com/wire/24401/?a=f

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Canada’s Privacy Commissioner to investigate Facebook

The Privacy Commissioner of Canada is investigating a new complaint from a Facebook user over Facebook’s new “default” settings. The user claims that these new settings make his information more available than the settings he had previously chosen. Facebook insists that these settings were only recommendations.

Last year, Canada’s private watchdog ordered Facebook to change some of its privacy policies and practices in order to comply with Canadian privacy laws. In the U.S., the Electronic Privacy Information Center and nine other organizations have also filed complaints with the Federal Trade Commission, alleging similar claims, and claiming that Facebook’s actions are unfair and deceptive trade practices.

For additional information, visit:
http://www.nationalpost.com/news/story.html?id=2491275

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