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Monday, May 28, 2012

Intellectual Property Law Updates May 28, 2012


Trademark Law
Latest jurisprudence
Fredco Manufacturing Corp. vs. Harvard University, Cambridge, G.R. No. 185917, June 1, 2011
Harvard Jeans Case
  • Even prior registered local trademarks under R.A. 166 (old trademark law), which allowed “squatting” Philippine trademarks (Shangri-La case) to prevail over international trademarks can now be cancelled.
  • Trademarks registered under R.A. 166 shall be deemed to have been registered under R.A. 8293 (IP Code of 1998). This means that all the requisites and/or provisions not present in R.A. 166 but present in R.A. 8293 can be invoked for cancellation.
  • Even international trademarks not registered in the Philippines have protection under the Paris Convention (IP Treaty)
Latest News from the Web

This is it! And you thought this would never happen
Competing porn sites are now suing for infringement. I dare not say anymore. Site for online article HERE.

 The “G’s” have it.
Gucci has won a trademark infringement case over Guess. There are not enough “Gs” to share in this world. Site for online article HERE.

Downloading illegally or “file sharing” is still BAD!
The United States Supreme Court refused to hear an appeal by a former Boston University student (represented by a Harvard Law Professor) who is set to pay $675,000 (30 songs @$22.5K each) in damages for using Kazaa. Let this be a lesson to all of you. Site for online article HERE.

Google can keep their Android
Google partially won against Oracle after the later sued the former on patent infringement. Oracle claims that the Andriod system is based on the Java technology which was bought by Oracle. 300 million smartphones can’t be wrong. Site for online article HERE.

TV really isn’t free
An online service that sends FREE tv signal to subscribers over the internet is being sued for ILLEGAL FREE PUBLIC PERFORMANCE. Yes, I didn’t know that ILLEGAL and FREE can be used in the same sentence. Site for online article HERE.

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The material in this online newsletter has been drafted and edited by Atty. Roderick Vera for informational purposes only and does not constitute nor become legal advice. Please consult with an attorney for legal advice before relying on any information found on this newsletter. For any questions, inquiries or comments, please see the contact information above.