NEWS
ACTA to hammer infringers
Counterfeiters may face tougher financial penalties in jurisdictions subscribing to the Anti- Counterfeiting Trade Agreement (ACTA). Tese include Australia, Canada, the European Union, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the US.
Te ACTA article would strengthen the civil courts of many countries that are still awarding damages based on proven losses to the owner or the actual profits gained by the infringer. Tis will harmonise rules with the US and Canada. All IP rights, including copyright and trademarks, would be protected by the agreement.
Currently, an infringer of copyright or trademarks in the US is liable for statutory damages of up to $30,000 for each infringement, and an infringer of trademarks is liable for fixed amounts of up to $2 million for each infringement.
Te agreement means that an infringer would have to pay a fixed amount in relation to each and every act of infringement. Tose caught illegally downloading music could face damages in the region of one thousand times what it would cost to legally download a single song.
European countries such as the UK face a big change if the ACTA article stands. Robert Fry, a copyright expert at Beachcroſt LLP, said: “Te agreement contemplates a tariff of amounts for copyright and trademark violations. Tis is a fixed damages regime that the UK has never had, because UK courts have always had to assess damages based on the exact losses of the claimant.”
Google wins another AdWords case
Te US District Court for the Eastern District of Virginia has dismissed a trademark infringement lawsuit filed by language soſtware developer Rosetta Stone against Google.
Judge Gerald Bruce Lee dismissed the case on April 29, but has yet to publish the full reasoning behind his decision.
Tom Adams, Rosetta Stone’s president, said in a statement that the company is “deeply disappointed that Rosetta Stone was not given an opportunity to present at a public trial the facts underlying Google’s practices and the motivation that led Google to adopt its current trademark policies.
“Google has a corporate responsibility to protect consumers and promote trust in its search results. Without question, Google knows that counterfeit soſtware is being advertised in its Adwords program and takes no effective steps to stop this illicit activity.”
“ GOOGLE SAID...THERE WAS NO EVIDENCE THAT THE USE OF TRADEMARKS FOR KEYWORDS OR ADVERTISING CONFUSES CUSTOMERS”
Rosetta Stone filed suit in 2009, alleging that Google illegally sold sponsored search links for its name to pirate companies offering counterfeit versions of Rosetta Stone products. It further alleged that Google knew of the pirate activity and not only did nothing to stop it, but facilitated it through the sale of the search terms, confusing customers and depriving Rosetta Stone of legitimate business.
But Google said in a statement that the court’s decision was correct and that there was no evidence that the use of trademarks for keywords or advertising confuses customers.
Te company said it would wait for the text of the decision before deciding whether to appeal to the US Court of Appeal for the Fourth Circuit.
Columbian domain is about to hit the streets
Registered trademark owners can successfully secure their eligible .co top level domain during a global sunrise process, announced .CO Internet SAS.
Te new registry operator launched the sunrise process at the Web 2.0. Expo 2010, in San Francisco.
In an open letter sent to brand owners in March, the new registry operator attempted to quell fears that the Columbian domain could be misspelt. Te .co domain could take traffic from .com domains.
It said: “As a steward of the Internet, we are committed to managing the .co registry in a responsible manner—one that places a premium on protecting the rights of brand owners.”
During consultation with the Internet Corporation for Assigned Names and Numbers (ICANN), a number of recommendations were made to the new registry operator that would protect trademarks owners when the new top level domain goes live.
A strict validation process, administered by Deloitte, will not grant applications on a ‘first come, first serve’ basis during the sunrise process, the new registrar says.
Applications will be collected until June 10. From then on, single, validated applications will be awarded at the end of the sunrise period. As a precautionary measure, an application for the same domain name from more than one entity, with each entity having corresponding trademarks, will result in the name going to auction to determine its owner.
www.worldipreview.com
World Intellectual Property Review May/June 2010
9
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iStockphoto.com / amphotora
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