Bloomberg News

Baxter, Nationwide, Google, DuPont: Intellectual Property (1)

March 05, 2014

Baxter International Inc. (BAX:US) filed a complaint Feb. 28 at the U.S. International Trade Commission in Washington, claiming Johnson & Johnson (JNJ:US) hemostatic products used to control bleeding during surgery infringe five patents.

The Washington-based commission has the power to exclude imports that infringe U.S. intellectual-property rights, and Baxter said there will be no harm to the public safety if the products, which are made in Denmark, are barred.

Baxter sued J&J over the same products in January. That case is Baxter International Inc. v. Johnson & Johnson Inc., 1:14-cv-00498, U.S. District Court, Northern District of Illinois (Chicago).

For more patent news, click here.

Trademark

Nationwide Mutual Sues On Your Side Adjusters Over Slogan

Nationwide Mutual Insurance Co. of Columbus, Ohio, sued a Tennessee insurance adjuster for trademark infringement over the use of its “On Your Side” slogan.

On Your Side Adjusters Inc. is accused of infringing Nationwide’s trademark despite repeated requests that it stop using the phrase, according to the complaint filed Feb. 28 in federal court in Nashville, Tennessee.

On Your Side didn’t respond immediately to an e-mailed request for comment on the lawsuit.

The case is Nationwide Mutual Insurance Co. v. On Your Side Adjusters Inc., 3:14-cv-00586, U.S. District Court, Middle District of Tennessee (Nashville).

Wells Fargo Didn’t Abandon ABD Marks, Appeals Court Says

Wells Fargo & Co. (WFC:US)’s use of the trademarks of a company it acquired is sufficient to defeat a claim of trademark abandonment, a federal appeals court ruled March 3.

The appeals court said a lower court improperly determined that the San Francisco-based bank had abandoned trademarks belonging to ABD Insurance & Financial Services, which it acquired in 2007.

The lower court failed to look at “the totality of the circumstances surrounding the use,” according to the appeals court’s opinion. The bank was benefiting from the goodwill associated with ABD’s marks even though Wells Fargo rebranded ABD as Wells Fargo Insurance Services, according to the opinion.

Wells Fargo sued in July 2012 after some officials of the former ABD started a new company using the same ABD marks. The trial court refused to grant the bank’s request for an order barring the use of the marks on the grounds that they had been abandoned by Wells Fargo.

The appeals court sent the case back to the lower court for further consideration of the infringement claims.

The case is Wells Fargo & Co. v. ABD Insurance & Financial Services Inc., 12-15625, U.S. Court of Appeals for the Ninth Circuit. The lower court case is Wells Fargo & Co. v. ABD Insurance & Financial Services Inc., 12-cv-03856, U.S. District Court, Northern District of California (Oakland).

For more trademark news, click here.

Copyright

Google Fails to Halt Takedown of ‘Innocence of Muslims’ Trailer

Google Inc. (GOOG:US) lost a bid to keep the trailer for the film “Innocence of Muslims” up on its YouTube video-sharing site while it seeks further review of a federal appeals court’s Feb. 26 takedown order.

A panel of the U.S. Circuit Court of Appeals in San Francisco on Feb. 28 denied the request, telling Google it had to remove all copies of the trailer from YouTube and “take all reasonable steps” to prevent further uploads.

The film provoked a furious response from some in the Muslim world for its portrayal of the prophet Muhammad as a possible child molester. Cindy Lee Garcia, the actress who filed the suit seeking the takedown of the trailer, became the target of a religious edict.

The case is Garcia v. Google Inc., 12-57302, U.S. Court of Appeals for the Ninth Circuit (San Francisco). The lower-court case is Garcia v. Google Inc., 12-cv-08315, U.S. District Court, Central District of California (Los Angeles).

DeGeneres Doesn’t Own Copyright for Oscar Night Twitter Photo

The copyright for the “selfie” that Oscar host Ellen DeGeneres sent out over Twitter (TWTR:US) during the Academy Awards broadcast doesn’t actually belong to her, celebrity gossip website TMZ.com reported.

The photograph -- which includes Kevin Spacey, Jennifer Lawrence, Julia Roberts, Brad Pitt, Angelina Jolie and Meryl Streep -- was actually shot with a mobile-phone camera by Bradley Cooper, making him the owner of the copyright and able control the image’s use, according to TMZ.com.

For more copyright news, click here.

Trade Secrets/Industrial Espionage

DuPont Wins Dismissal of Big Vision Case Over Recyclable Banners

DuPont Co. (DD:US) won the dismissal of a trade-secrets misappropriation suit relating to recyclable commercial banners brought by digital printing company Big Vision Pvt Ltd.

U.S. District Judge Katherine Polk Failla said in an order entered March 3 that there was “no genuine issue in dispute.” She said the 2011 case had “engendered both an extensive record and a surfeit of briefing.”

The case is Big Vision Private Ltd. v. E.I. Du Pont De Nemours & Co., 1:11-cv-08511, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporter on this story: Victoria Slind-Flor in San Francisco at vslindflor@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.


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Companies Mentioned

  • BAX
    (Baxter International Inc)
    • $71.51 USD
    • -0.26
    • -0.36%
  • JNJ
    (Johnson & Johnson)
    • $104.3 USD
    • -2.29
    • -2.2%
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