Currently only the paper edition of the EU Gazette has legal effect. Effective 1 July 2013, only the online version will be legally binding. This binding change was published on 14 March 2013 in the paper edition. As Council Directive No. 216/2013, the Official Gazette of the European Union announced its own paper-based end. Instead the electronic version on the EUR-Lex website will become binding this summer. It is available under http://eur-lex.europa.eu. Access to EUR-Lex is free of charge and no registration is required. The Publications Office of the European Unit is responsible for administration.
By Sergio Guerrero Rosas, Guerrero y Santana, S.C.
In October 2012, President Felipe Calderón of Mexico announced the Federal Law for the Prevention and Identification of Operations with Resources of Unlawful Origin, better known as the Law Against Money Laundering, in the Official Publication of the Federation. Despite the early decision in the President's administration to confront the criminality which had become the major threat to the peace and integrity of the state – and to do so with all its available resources, in its first years, the government's strategy to bring down and arrest dozens of drug trafficking capos failed to place the same level of importance on the finances of the cartels.
By David Smyth and Christopher Poe, Brooks Pierce
On November 27, 2012, the U.S. Securities and Exchange Commission charged four Indian financial services firms with acting as unregistered broker-dealers in the United States. The firms were accused of providing brokerage services to institutional investors in the United States without registering with the SEC as required by Section 15(a) of the Securities Exchange Act of 1934 ("Exchange Act"). The SEC censured the firms, who paid a combined total of $1.8 million to settle the SEC's charges. These actions are part of a recent spate of activity for the SEC, which treats Section 15(a) seriously and enforces it to ensure that securities brokers satisfy professional standards, have adequate capital, treat their customers fairly and provide accurate disclosures to investors.
The GOLD GLOVE Trademark Infringement Action: Will Rawlings Strike Out For Failure to Adequately Plead Its Case?
By Catherine M. Clayton and Ralph A. Dengler, Gibbons
On January 7, 2013, Cincinnati Reds second baseman, and three-time Gold Glove Award-winner, Brandon Phillips, moved to dismiss Rawlings Sporting Goods Co. Inc.'s ("Rawlings") trademark infringement action arising from his use of a glove with gold-colored features.
By Ralph A. Dengler, Christopher Viceconte and and Andrew P. MacArthur, Gibbons
Deferring judgment until after he hears testimony prior to trial, U.S. District Judge Richard G. Andrews of the District of Delaware nonetheless indicated in a recent Memorandum Opinion that he was inclined to exclude plaintiff's patent damages expert.
By Thomas J. Bean and Robert E. Rudnick, Gibbons
In an effort to "enhance the quality of software patents," the United States Patent and Trademark Office ("PTO") has announced a partnership with the software community.
By Charles A. Gaglia, Jr., Gibbons
As practitioners know, U.S. patent law provides for the recovery of patent infringement damages for a period of time when an infringer has actual or constructive notice of the infringed patent. Actual notice is provided by way of letter or similar mechanism to the infringer after infringement has begun. Constructive notice can be provided by placing the patent number on the patented product. Such constructive notice provides notice to the infringer of the existence of a patent prior to actual notice, thereby extending the time period for recovering damages up to the date the infringement begins.
The United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) jointly launched the Cooperative Patent Classification System (CPC) and released a finalized set of CPC definitions. The CPC is operational at both the EPO and USPTO. The USPTO and EPO developed the CPC with the collaborative aim of producing a common classification system for technical documents. The CPC brings the promise of transparent and harmonized global classification for patent documents.
By Charles H. Chevalier and Ralph A. Dengler, Gibbons
The Federal Circuit recently reversed the Northern District of Georgia's judgment of unenforceability based on inequitable conduct, in Outside The Box Innovations, LLC v. Travel Caddy, Inc Other aspects of the decision are outside the scope of this blog.
As we anticipated , the Federal Trade Commission ("FTC") filed a petition for certiorari yesterday with the Supreme Court in FTC v. Watson Pharmaceuticals, Inc.
More Articles ...
- New Derivation Rule -- 37 C.F.R. Part 42
- Declaratory Judgment Suit Over ROHAN Trademark
- Will the Supreme Court Weigh in on Reverse Payments in ANDA Cases -- Revisited
- Inter Partes Review Under AIA is Underway ...
- We Produced Privileged Documents; Now What?
- Trademark Parody? Ben & Jerry's Doesn't Think It's So Funny ....
- Akamai and McKesson: Inducement Liability for Infringement by Multiple Actors
- Yums v. Nike Update -- Two Amicus Curiae Briefs Filed: One Arguing Vacatur and Remand and the Second in Support of Yums
- Freelancer Survives "Live to Ride" Logo Dispute with Harley-Davidson -- For Now
- Color Trademarks Remain in Fashion: Second Circuit Sides with Louboutin
- Will the Supreme Court Weigh in on Reverse Payments in ANDA Cases?
- Reckitt Benckiser v. Tris Pharma - New Jersey Magistrate Finds No Trade Secret Misappropriation
- Norman IP v. Lexmark: Post AIA Joinder and the Rule 42 Trump Card
- Yums v. Nike -- Yums' Brief Re Jurisdiction and Covenants Not to Sue
- FTC Proposes Rules to Codify Reporting of Exclusive Patent Right Transfers in the Pharmaceutical Industry
- Don't Forget About Those Seven Provisions of the AIA Effective September 16, 2012!
- "Shield Act" Introduced to Thwart NPEs ...
- Wrigley v. Cadbury: Judge Newman Emphasizes Commercial Success and Copying
- (Still) Waiting for Akamai and McKesson ....
- Implementation of USPTO Rules Under the AIA is Underway: Preissuance Submissions
- The Franchise in Panama
- Trade Secrets Update
- Update - Hatch-Waxman Settlements: The FTC Regains Traction After Third Circuit Rules That Reverse Payments Violate Antitrust Law
- National Domestic Policy puts Freedom of Movement in Europe at Risk
- Fighting Fraud in Emerging Economies – Challenges for Overseas Business Operations & Expatriates
- Multiple Government Laws and Regulations Make Data Security Breach Recovery Efforts Complicated in the U.S.
- Disclosure Obligations Highlighted by Two Birds
- The Mabey & Johnson Case – Implications for Shareholders
- Voluntary Pledge to Increase the Quota of Women in Executive Positions Lacks Credibility
- Proposed Further Development of European Company Law
- European Union: Sales Law is Coming
- A standardized European Convention on the Sale of Goods by no means sells itself
- Uniform data protection law planned for the EU
- Threats to Non-U.S. Companies from the U.S. Foreign Corrupt Practices Act
- Poorly conceived patent applications hinder inventions
- The long path to a standardized European patent