February 8, 2014
Westlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.
Internet: Generic top level domain applicant failed to make out a prima face case of cybersquatting under the ACPA. Del Monte Intern. GmbH v. Del Monte Corp., 2014 WL 462960 (C.D.Cal.) Even if a generic top level domain (gTLD) using the DEL MONTE mark was a “domain name” under the Anti-Cybersquatting Consumer Protection Act (ACPA), the gTLD applicant failed to register, traffic in, or use the gTLD, as required to make out a prima facie case of cybersquatting under the ACPA. “Registration” in the gTLD context required the delegation of the gTLD into the root zone, but a legal rights objection to the applicant’s application successfully prevented the delegation of the gTLD. Additionally, without a registration, the applicant could not have “trafficked in” or “used” the gTLD. 2014 WL 462960. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Privileges: Under German law, attorney-client privilege applied to foreign communications with German patent agent. Cadence Pharmaceuticals, Inc. v. Fresenius Kabi USA, LLC 2014 WL 370132 (S.D.Cal.)
Processes: Process invented by Russian engineers for making HFC was made in United States when American company performed process. Solvay S.A. v. Honeywell Intern. Inc. 2014 WL 539659 (C.A.Fed. (Del.))
Motion Pictures: Internet subscribers were not liable for indirect infringement based on their failure to secure their Internet service. Elf-Man, LLC v. Brown 2014 WL 243249 (E.D.Wash.)