Showing posts with label Trademark Application News. Show all posts
Showing posts with label Trademark Application News. Show all posts
Koha trademark grab: Trust hopes commonsense prevails
by RealPTC Expert
By: Sam Varghese
Source: www.itwire.com
The Horowhenua Library Trust, birthplace of the Koha integrated library system, says it will hope for the best but prepare for the worst as it continues to try and regain the rights to its own trademark in New Zealand.
Trust spokesperson Joann Ransom told iTWire today that it would prepare its objection to the granting of the Koha trademark to the American defence contractor, Progressive Technology Federal Systems/Liblime, hoping that, in the meantime, PTFS would do the right thing and transfer its application to the Trust.
As reported in iTWire, the trademark grab came to media attention a few days back when the Trust appealed for donations to object to the granting of the trademark. The original developer of Koha, Chris Cormack, has expressed anger and sadness at the US firm's actions.
Yesterday, the Trust said that PTFS had expressed its willingness to hand over the trademark to a non-profit which represented the Koha community. There is only one such organisation, and it is the Trust.
Koha is free software distributed under the terms of the GNU General Public Licence and is widely used around the world. The trademark grab will not affect the code but, if it is finalised, it would mean that the software would have to be distributed under another name. Koha is a Maori word that means reciprocity in giving gifts.
"The Koha global community have been in this position before of waiting for PTFS to do something it said it would do i.e. handing of the koha.org domain back into community hands," Ms Ransom said. "They never did it but gained many precious months to redesign the website while the community waited. The URL now clearly relates to Liblime Koha (which is a fork from the main branch) and is a totally different product from Koha."
She said lawyers who had offered to help the Trust on a pro bono basis would prepare the objection, hoping that PTFS would do the right thing and transfer its application to the Trust. The Trust has three months to file its objections.
"The community really do want to resolve this issue quickly and with the right outcome," Ms Ransom said. "I do not know if PTFS are getting grief in the US from the public but I do know that here in NZ it is a very big deal from a number of different angles. It won't just go away. In summary, we are hoping for the best but planning for the worst."
Asked what she thought about the government official who had made the decision to award the trademark to PTFS, Ms Ransom said she was not impressed.
"If it a box checking exercise, and I fear it might be, then they probably did it by the books. However, surely common sense and informed judgement should come into this process," she said.
"I sent background paperwork to IPONZ (the Intellectual Property Office of New Zealand) very early on and had numerous conversations with staff at IPONZ about the merits of our counter-application. Sadly, the information we had been given by IPONZ turned out to be wrong and the PTFS application was approved at the the 11th hour."
Asked for his input, well-known free software activist and GPL expert Bradley Kuhn said the GPL was a copyright licence, and was basically silent on trademarks.
"Only if a trademark licence in some way directly restricted the permission granted by GPL would the trademark licence somehow even have a chance to cause a GPL violation," he told iTWire.
"Indeed, it seems to me that a trademark lawyer, a copyright lawyer, and a GPL expert would probably have to sit down and have a rather long discussion to decipher this situation to come to a final conclusion about whether a GPL violation has occurred merely because of the trademark shenanigans."
Kuhn said he had no specific advice for the Koha community at this time.
"What I *do* have advice for is projects who *aren't* currently facing such problems: I recommend that such projects work with someone to get their trademark registered and publish a trademark policy for their project. This is an important issue that projects should address early in their life, before they face problems."
He said the Software Freedom Conservancy, for which he currently works as executive director, offered help to its member projects with both trademark registration and policies.
PTFS was contacted on Thursday for comment. The company is yet to respond.
It is not uncommon for US firms to attempt to gain a commercial advantage in smaller countries. In 2003, for example, the US company DE Technologies sent letters to a dozen New Zealand firms alleging they were infringing its patents and demanding annual licence fees.
Source: http://www.itwire.com/business-it-news/open-source/51377-koha-trademark-grab-trust-hopes-commonsense-prevails?start=1
Source: www.itwire.com
The Horowhenua Library Trust, birthplace of the Koha integrated library system, says it will hope for the best but prepare for the worst as it continues to try and regain the rights to its own trademark in New Zealand.
Trust spokesperson Joann Ransom told iTWire today that it would prepare its objection to the granting of the Koha trademark to the American defence contractor, Progressive Technology Federal Systems/Liblime, hoping that, in the meantime, PTFS would do the right thing and transfer its application to the Trust.
As reported in iTWire, the trademark grab came to media attention a few days back when the Trust appealed for donations to object to the granting of the trademark. The original developer of Koha, Chris Cormack, has expressed anger and sadness at the US firm's actions.
Yesterday, the Trust said that PTFS had expressed its willingness to hand over the trademark to a non-profit which represented the Koha community. There is only one such organisation, and it is the Trust.
Koha is free software distributed under the terms of the GNU General Public Licence and is widely used around the world. The trademark grab will not affect the code but, if it is finalised, it would mean that the software would have to be distributed under another name. Koha is a Maori word that means reciprocity in giving gifts.
"The Koha global community have been in this position before of waiting for PTFS to do something it said it would do i.e. handing of the koha.org domain back into community hands," Ms Ransom said. "They never did it but gained many precious months to redesign the website while the community waited. The URL now clearly relates to Liblime Koha (which is a fork from the main branch) and is a totally different product from Koha."
She said lawyers who had offered to help the Trust on a pro bono basis would prepare the objection, hoping that PTFS would do the right thing and transfer its application to the Trust. The Trust has three months to file its objections.
"The community really do want to resolve this issue quickly and with the right outcome," Ms Ransom said. "I do not know if PTFS are getting grief in the US from the public but I do know that here in NZ it is a very big deal from a number of different angles. It won't just go away. In summary, we are hoping for the best but planning for the worst."
Asked what she thought about the government official who had made the decision to award the trademark to PTFS, Ms Ransom said she was not impressed.
"If it a box checking exercise, and I fear it might be, then they probably did it by the books. However, surely common sense and informed judgement should come into this process," she said.
"I sent background paperwork to IPONZ (the Intellectual Property Office of New Zealand) very early on and had numerous conversations with staff at IPONZ about the merits of our counter-application. Sadly, the information we had been given by IPONZ turned out to be wrong and the PTFS application was approved at the the 11th hour."
Asked for his input, well-known free software activist and GPL expert Bradley Kuhn said the GPL was a copyright licence, and was basically silent on trademarks.
"Only if a trademark licence in some way directly restricted the permission granted by GPL would the trademark licence somehow even have a chance to cause a GPL violation," he told iTWire.
"Indeed, it seems to me that a trademark lawyer, a copyright lawyer, and a GPL expert would probably have to sit down and have a rather long discussion to decipher this situation to come to a final conclusion about whether a GPL violation has occurred merely because of the trademark shenanigans."
Kuhn said he had no specific advice for the Koha community at this time.
"What I *do* have advice for is projects who *aren't* currently facing such problems: I recommend that such projects work with someone to get their trademark registered and publish a trademark policy for their project. This is an important issue that projects should address early in their life, before they face problems."
He said the Software Freedom Conservancy, for which he currently works as executive director, offered help to its member projects with both trademark registration and policies.
PTFS was contacted on Thursday for comment. The company is yet to respond.
It is not uncommon for US firms to attempt to gain a commercial advantage in smaller countries. In 2003, for example, the US company DE Technologies sent letters to a dozen New Zealand firms alleging they were infringing its patents and demanding annual licence fees.
Source: http://www.itwire.com/business-it-news/open-source/51377-koha-trademark-grab-trust-hopes-commonsense-prevails?start=1
Labels:
Trademark Application News
Cyber Monday Deals 2011 Bear Motion (Trademark) Genuine Leather Case for Apple Ipad 1 (first generation) – Black iPad
by RealPTC Expert
By: Editor
Source: http://gadget411news.com
If you lookup Leading Grain Leather on Wikipedia, you will learn that Best Grain leather
Waiting around in string just for getaway promotions or hunting your own with your jammies?
A whole lot of holiday fiends do it all, having explained that progressively visitors are picking the globe-broad-web. Total, true business in direction of getaway year are anticipated that would rebound three p.c or just significantly less instead of The calendar year 2010, having explained that e-commerce company are expected to leap far more than fifteen %.
And as a outcome Thirty-7 pct . of buyers pointed out with a Countrywide Record price tag Federation survey that they are likely to obtain numerous reward ideas e-commerce proper now. Slowly and gradually, grow to be light swapped our company’s quirks. Enhanced earlier, 30.9 percent of clients paid for present ideas e-commerce. Employing the coming of medicines and then touch display telephones, and emerging mobile products has acquired less complicated.
“It’s a chore to go to get over the busiest hunting interval of your 12 month interval,In . pointed out Daniel delaware Grandpre, ceo regarding dealnews.world wide web . “On the web is quite easy.In .
And fairly reduced massive complete day other than Cyber Monday – generally the Sunday families rise up at the Thanksgiving gluttony and then knowledge Festive is surely under a calendar thirty day period off of.
A 12 months in the past, e-commerce consumers squandered $ one million in the course of Cyber Monday, a everyday checklist just for and rising cell gadgets, yet it have a related excellent appropriate now, aside from Transport Day during 12 ,. Seventeen knives it.
Intended for promotions, is it would not second finest day’s hunting even soon after Black Friday, delaware Grandpre pointed out.
Comfortableness, amount of money and then options are often going usually the ambigu-digit, year-more than-year advancement in e-commerce organization, Sucharita Mulpuru pointed out with a Forrester getaway prediction.
“The crucial skills regarding e-commerce, making use of cost successful uncertainness, the want to fork out totally, and then went on offer-facet price will lead to the most recent resilient and strong emergence 12 month period just for e-commerce holiday genuine enterprise next yr,In . this woman submitted.
But the fact is, individuals shop online together with holds fork out 21 pct . much much more than adult men and ladies who mall completely to get, NRF Communication Vice President Ellen Davis pointed out.
To shop online is always only a very small proportion regarding genuine enterprise – Forrester assessments e-commerce enterprise need to be $ 59.Just a number of million correct now. By $ 465.six million in complete genuine company envisioned towards holiday year, identified by your Countrywide Checklist price tag Federation prediction, that might be decrease than amongst each and every last 6 getaway money.
Fiscal experts and then genuine watchers repeat the financial climate is bringing about individuals to keep stingy employing cash. Indeed, we are heading to purchase a less quantity of merchandise, 14.Much more effective, established by Deloitte’s somme holiday survey, which is beneath in the direction of fifthly 12 month period of time uninterruptedly. Within 2007, absolutely everyone is finding 22.1 certain present suggestions.
Primarily i’m a huge only a number of excellent present ideas for all our family members ensuing in nil prolonged electrical energy present suggestions all above the internet family members. Who wishes to attach a new associate with the stance concerning reciprocating at any time person are not able to really rather purchase this?
Gian Fulgoni, govt chairman concerning comScore Inc., and that tunes e-commerce, pointed out middle-income consumers preserve an eye on the most expose regarding e-commerce company, 43 pct ..
But even so , lower-cash flow website visitors that also may be the younger, and as a result tech-savvy, are usually escalating a lot a lot more speedily, Fulgoni pointed out. Individuals types Millennials normally constructive within the economic local climate, really, he was quoted stating.
Source: http://gadget411news.com/cyber-monday-deals-2011-bear-motion-trademark-genuine-leather-case-for-apple-ipad-1-first-generation-black-ipad/03619
Source: http://gadget411news.com
- We assure that this case is built of 100% true Cowhide Leather. Best Grain
- three-in-one Top quality Leather Case Answer for iPad one
- Meticulously developed for iPad one – all ports and functions are accessible
- Extra security strap to securely hold iPad in spot – No Much more Sliding Out Assured
- Comfortable leather safety inside out.
If you lookup Leading Grain Leather on Wikipedia, you will learn that Best Grain leather
Waiting around in string just for getaway promotions or hunting your own with your jammies?
A whole lot of holiday fiends do it all, having explained that progressively visitors are picking the globe-broad-web. Total, true business in direction of getaway year are anticipated that would rebound three p.c or just significantly less instead of The calendar year 2010, having explained that e-commerce company are expected to leap far more than fifteen %.
And as a outcome Thirty-7 pct . of buyers pointed out with a Countrywide Record price tag Federation survey that they are likely to obtain numerous reward ideas e-commerce proper now. Slowly and gradually, grow to be light swapped our company’s quirks. Enhanced earlier, 30.9 percent of clients paid for present ideas e-commerce. Employing the coming of medicines and then touch display telephones, and emerging mobile products has acquired less complicated.
“It’s a chore to go to get over the busiest hunting interval of your 12 month interval,In . pointed out Daniel delaware Grandpre, ceo regarding dealnews.world wide web . “On the web is quite easy.In .
And fairly reduced massive complete day other than Cyber Monday – generally the Sunday families rise up at the Thanksgiving gluttony and then knowledge Festive is surely under a calendar thirty day period off of.
A 12 months in the past, e-commerce consumers squandered $ one million in the course of Cyber Monday, a everyday checklist just for and rising cell gadgets, yet it have a related excellent appropriate now, aside from Transport Day during 12 ,. Seventeen knives it.
Intended for promotions, is it would not second finest day’s hunting even soon after Black Friday, delaware Grandpre pointed out.
Comfortableness, amount of money and then options are often going usually the ambigu-digit, year-more than-year advancement in e-commerce organization, Sucharita Mulpuru pointed out with a Forrester getaway prediction.
“The crucial skills regarding e-commerce, making use of cost successful uncertainness, the want to fork out totally, and then went on offer-facet price will lead to the most recent resilient and strong emergence 12 month period just for e-commerce holiday genuine enterprise next yr,In . this woman submitted.
But the fact is, individuals shop online together with holds fork out 21 pct . much much more than adult men and ladies who mall completely to get, NRF Communication Vice President Ellen Davis pointed out.
To shop online is always only a very small proportion regarding genuine enterprise – Forrester assessments e-commerce enterprise need to be $ 59.Just a number of million correct now. By $ 465.six million in complete genuine company envisioned towards holiday year, identified by your Countrywide Checklist price tag Federation prediction, that might be decrease than amongst each and every last 6 getaway money.
Fiscal experts and then genuine watchers repeat the financial climate is bringing about individuals to keep stingy employing cash. Indeed, we are heading to purchase a less quantity of merchandise, 14.Much more effective, established by Deloitte’s somme holiday survey, which is beneath in the direction of fifthly 12 month period of time uninterruptedly. Within 2007, absolutely everyone is finding 22.1 certain present suggestions.
Primarily i’m a huge only a number of excellent present ideas for all our family members ensuing in nil prolonged electrical energy present suggestions all above the internet family members. Who wishes to attach a new associate with the stance concerning reciprocating at any time person are not able to really rather purchase this?
Gian Fulgoni, govt chairman concerning comScore Inc., and that tunes e-commerce, pointed out middle-income consumers preserve an eye on the most expose regarding e-commerce company, 43 pct ..
But even so , lower-cash flow website visitors that also may be the younger, and as a result tech-savvy, are usually escalating a lot a lot more speedily, Fulgoni pointed out. Individuals types Millennials normally constructive within the economic local climate, really, he was quoted stating.
Source: http://gadget411news.com/cyber-monday-deals-2011-bear-motion-trademark-genuine-leather-case-for-apple-ipad-1-first-generation-black-ipad/03619
Labels:
Trademark Application News
SHC to hear rice trademark case today
by RealPTC Expert
By: Shahid Shah
Source: http://www.blogger.com
KARACHI: The Sindh High Court (SHC) will hold hearing in the case filed by Rice Exporters Association of Pakistan against Basmati Growers Association to decide trademark registration dispute on Thursday (today).
A similar case is pending in Delhi High Court. If it decides the case in 2012 and the court in Pakistan fails to decide, Pakistan will lose around $1 billion a year, President BGA Hamid Malhi told The News on Wednesday. “Pakistan exports basmati rice of $1 billion, which can increase to $2 billion if trademark is with us.”
Delhi High Court held a hearing on November 8.
Agricultural and Processed Food Products Export Development Authority (APEDA) is also a party to the case in the SHC.
In 2008, trademark registrar in Pakistan had given trademark of basmati to BGA, which was challenged in the SHC in September that year. REAP says the custodian of trademark should be the government of Pakistan and not any private association.
But Malhi said growers are the right people to hold the trademark as they have long term interest in the crop. “Traders may be trading rice today, chickpeas tomorrow and leather day after tomorrow.”
About the Indian claim about trademark, he says they do not have contiguous area of basmati and they do not produce much of it.
In order to comply with Trade-related Intellectual Property Rights (TRIPs) regime of the World Trade Organisation, the Ministry of Commerce has asked the stakeholders in rice trade to resolve the trademark registration issue, which has pitted REAP and BGA against each other.
Zahid Khuwaja, a senior REAP member, told The News that with trademark rights in their hands, rice growers would regulate the exporters’ trade.
“There should be no single ownership and the government of Pakistan should control it.”
Basmati is one of the oldest and finest varieties of rice cultivated in the sub-continent.
In India, first the matter of rice certification was handed over to All India Rice Exporters Association but later on the demand of all stakeholders it was given to APEDA.
Source: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=78963&Cat=3
Source: http://www.blogger.com
KARACHI: The Sindh High Court (SHC) will hold hearing in the case filed by Rice Exporters Association of Pakistan against Basmati Growers Association to decide trademark registration dispute on Thursday (today).
A similar case is pending in Delhi High Court. If it decides the case in 2012 and the court in Pakistan fails to decide, Pakistan will lose around $1 billion a year, President BGA Hamid Malhi told The News on Wednesday. “Pakistan exports basmati rice of $1 billion, which can increase to $2 billion if trademark is with us.”
Delhi High Court held a hearing on November 8.
Agricultural and Processed Food Products Export Development Authority (APEDA) is also a party to the case in the SHC.
In 2008, trademark registrar in Pakistan had given trademark of basmati to BGA, which was challenged in the SHC in September that year. REAP says the custodian of trademark should be the government of Pakistan and not any private association.
But Malhi said growers are the right people to hold the trademark as they have long term interest in the crop. “Traders may be trading rice today, chickpeas tomorrow and leather day after tomorrow.”
About the Indian claim about trademark, he says they do not have contiguous area of basmati and they do not produce much of it.
In order to comply with Trade-related Intellectual Property Rights (TRIPs) regime of the World Trade Organisation, the Ministry of Commerce has asked the stakeholders in rice trade to resolve the trademark registration issue, which has pitted REAP and BGA against each other.
Zahid Khuwaja, a senior REAP member, told The News that with trademark rights in their hands, rice growers would regulate the exporters’ trade.
“There should be no single ownership and the government of Pakistan should control it.”
Basmati is one of the oldest and finest varieties of rice cultivated in the sub-continent.
In India, first the matter of rice certification was handed over to All India Rice Exporters Association but later on the demand of all stakeholders it was given to APEDA.
Source: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=78963&Cat=3
Labels:
Trademark Application News
Tootsie Roll says Footzyrolls shoe brand steps on its trademark
by RealPTC Expert
By: Chicago Tribune Business
Source: http://www.chicagotribune.com
A small footwear company selling a Footzyrolls shoe brand got hit with a trademark lawsuit this week from Chicago-based candy giant Tootsie Roll Industries.
According to the lawsuit filed in federal court in Illinois, Rollashoe, which makes rollable ballet slippers called Footzyrolls, is infringing on the brand name of Chicago-based Tootsie Roll.
Tootsie Roll, which made $521 million in sales last year, alleged that the $2 million Footzyrolls brand will confuse and "deceive" consumers into thinking that the shoes are associated with Tootsie Roll's portfolio of products.
Calling Rollashoe's actions "willful, malicious and fraudulent," Tootsie Roll also claims that Footzyrolls, which launched in 2009, dilute, or tarnish, the value of the Tootsie Roll brand.
Rollashoe, based in Miami Beach, Fla., however, disputed the allegations.
"This lawsuit is completely frivolous and has no merit," Rollashoe owners Sarah Caplan, 28, and Jenifer Caplan, 34, said in a statement.
The sisters, who filed for a trademark with the U.S. Patent and Trademark Office, debuted the Footzyrolls shoe line at a trade show in 2009.
Less than a year later, Footzyrolls became a million-dollar brand featured in Oprah's magazine. The shoes are now sold in Bloomingdales and Fred Segal.
Source: http://www.chicagotribune.com/business/ct-biz-1119-tootsie-suit-20111119,0,6569699.story
Source: http://www.chicagotribune.com
A small footwear company selling a Footzyrolls shoe brand got hit with a trademark lawsuit this week from Chicago-based candy giant Tootsie Roll Industries.
According to the lawsuit filed in federal court in Illinois, Rollashoe, which makes rollable ballet slippers called Footzyrolls, is infringing on the brand name of Chicago-based Tootsie Roll.
Tootsie Roll, which made $521 million in sales last year, alleged that the $2 million Footzyrolls brand will confuse and "deceive" consumers into thinking that the shoes are associated with Tootsie Roll's portfolio of products.
Calling Rollashoe's actions "willful, malicious and fraudulent," Tootsie Roll also claims that Footzyrolls, which launched in 2009, dilute, or tarnish, the value of the Tootsie Roll brand.
Rollashoe, based in Miami Beach, Fla., however, disputed the allegations.
"This lawsuit is completely frivolous and has no merit," Rollashoe owners Sarah Caplan, 28, and Jenifer Caplan, 34, said in a statement.
The sisters, who filed for a trademark with the U.S. Patent and Trademark Office, debuted the Footzyrolls shoe line at a trade show in 2009.
Less than a year later, Footzyrolls became a million-dollar brand featured in Oprah's magazine. The shoes are now sold in Bloomingdales and Fred Segal.
Source: http://www.chicagotribune.com/business/ct-biz-1119-tootsie-suit-20111119,0,6569699.story
Labels:
Trademark Application News
Apple accuses Amazon of false advertising in ongoing pursuit of 'App Store' trademark
by RealPTC Expert
By: Mikey Campbell
Source: http://www.appleinsider.com
Apple continues to fight for the "App Store" trademark, accusing Amazon of false advertisement in an amended filing against the company's use of the term in a recent promotion for the Kindle Fire tablet.
Apple filed the revised claim on Wednesday in response to Amazon's use of the term when marketing the Kindle Fire in September, hoping to bolster its position in winning the "App Store" trademark, reports paidContent.org.
The iPhone maker claims that it has the only true App Store and that Amazon's use of the term could lead customers to believe that the companies have affiliated software marketplaces. The filing goes on to say that Amazon's ad was false or misleading, and could have caused confusion for customers.
"For example, consumer of mobile software downloads are likely to be confused as to whether Amazon's mobile software download service is sponsored or approved by Apple or is merely a conduit for Apple's APP STORE service."
Amazon's Kindle Fire web page has been updated since its Sep. debut and no longer includes mention of the Amazon App Store.
Apple originally filed the complaint in March when Amazon used the phrase "Appstore for Android" when promoting its marketplace for software designed to run on Google's smartphone platform. Since then the Internet sales giant has used the term in various advertisements and Amazon related services.
Source: http://www.appleinsider.com/articles/11/11/17/apple_accuses_amazon_of_false_advertising_in_ongoing_pursuit_of_app_store_trademark.html
Source: http://www.appleinsider.com
Apple continues to fight for the "App Store" trademark, accusing Amazon of false advertisement in an amended filing against the company's use of the term in a recent promotion for the Kindle Fire tablet.
Apple filed the revised claim on Wednesday in response to Amazon's use of the term when marketing the Kindle Fire in September, hoping to bolster its position in winning the "App Store" trademark, reports paidContent.org.
The iPhone maker claims that it has the only true App Store and that Amazon's use of the term could lead customers to believe that the companies have affiliated software marketplaces. The filing goes on to say that Amazon's ad was false or misleading, and could have caused confusion for customers.
"For example, consumer of mobile software downloads are likely to be confused as to whether Amazon's mobile software download service is sponsored or approved by Apple or is merely a conduit for Apple's APP STORE service."
Amazon's Kindle Fire web page has been updated since its Sep. debut and no longer includes mention of the Amazon App Store.
Apple originally filed the complaint in March when Amazon used the phrase "Appstore for Android" when promoting its marketplace for software designed to run on Google's smartphone platform. Since then the Internet sales giant has used the term in various advertisements and Amazon related services.
Source: http://www.appleinsider.com/articles/11/11/17/apple_accuses_amazon_of_false_advertising_in_ongoing_pursuit_of_app_store_trademark.html
Labels:
Trademark Application News
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