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Intellepedia – IP News Center

Case Note: Zenith Elecs. Corp. v. Exzec, Inc., 182 F.3d 1340 (Fed. Cir 1999)

The image depicts a finger demonstrating the working of a touch screen.

Author: Ken Aoki, Patent Agent, Japan CASE HISTORY Zenith and Elo Touch sued Exzec for infringement. Exzec counterclaimed Elo Touch violates the federal and state unfair competition laws. Elo Touch moved to dismiss the claims. The district court denied the motion. Elo Touch appeals. CASE FACTS • Zenith and EloTouch sued Exzec for infringement. o The patent covers computer touch panel. • Exzec counterclaimed based on the federal and state unfair competition laws. o federal law: 43(a) of the Lanham Act o state law: Illinois common law • Exzec alleges that Elo Touch made false representations: (1) of patent infringement; (2) of Exzec’s inability to design around the patents. • Elo Touch...

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Educational Community License Version 1.0 – By Dr.Kalyan C. Kankanala, CKO, Brain League IP Services Pvt. Ltd Now BananaIP

The image depicts the logo of the open source initiative as the post is about Educational Community License

The Educational Community License is one of the special purpose licenses approved by the Open Source Initiative. The license is used by certain educational institutions while distributing software. Rights The license provides certain rights to a person receiving a software, documentation or other materials under the agreement. The license comes into effect as soon as a person obtains, uses or copies the work provided under the license. The following rights are provided over the work under the license: Right to use; Right to copy; Right to modify; Right to merge; Right to publish; Right to distribute; and Right to sublicense. Conditions A person exercising rights...

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Proceedings before Indian Patent Office – By Kalyan Chakravarthy Kankanala, CKO, Brain League IP Services Pvt. Ltd, now BananaIP

The image depicts a gavel which indicates patent proceedings before Indian Patent Office application.

OVERVIEW A patent application can be filed at only of the four patent offices in India (Kolkata, Delhi, Mumbai and Chennai). The patent application passes through the following stages: A. FILING B. PUBLICATION C. EXAMINATION D. OPPOSITION E. GRANT A. FILING 1. Applicant: An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country. 2. Form of Application: Every application shall be accompanied...

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Should Distinctiveness Have Anything to Do with Dilution – By Nandan Pendsey, IP Attorney, USA

The image depicts the letters T and M as the post is about trademarks and distinctiveness and dilution. Click here to read the post.

Evolution of Dilution as a Remedy: The theory of Dilution as a means of protecting a trademark was first propounded by Frank Schechter in his research article, “The Rational Basis for Trademark Protection”. He advocates in this article that the real function of trademark law is to identify a product as satisfactory and thereby stimulate further purchases by the consuming public. He further says that the real injury to a trademark is the gradual whittling away or dispersion of its identity (now known as dilution) and therefore preservation of this uniqueness of a trademark should be the only rational basis...

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