Posted on: May 18th, 2010 by Paralegal
Hyundai Motor Co. won its appeal of a $34 million verdict that said South Korea’s largest automaker infringed a Texas company’s patent for computerizing the sale of car parts. The U.S. Court of Appeals for the Federal Circuit yesterday said Orion IP LLC’s patent was invalid and vacated the verdict stating that there was insufficient evidence to support the jury’s verdict. Orion, a patent-licensing firm based in Longview, Texas, had sued 20 automakers, claiming infringement of a patent for a way to help a salesperson select auto parts without relying on catalogs or order forms. The other auto companies settled before trial. Hyundai argued that companies other than Orion had come up with the idea of electric parts catalogs in 1987, and the patented computer-assisted system a year later wasn’t different enough to be considered a new invention.
Posted on: April 7th, 2010 by Paralegal
With less than 64 days left to arguably the biggest sporting event in the world, 2010 World Cup in South Africa, FIFA is doing all it can to protect its registered trademark “South Africa 2010.” Official wold Cup sponsors pay millions to be associated with the event and only do this in order to be guaranteed exclusive rights to use FIFA’s official marks on their marketing and promotional material. Consequently FIFA defends its trademarks very vigorously because there is so much revenue at stake. Two recent cases in South Africa illustrated the aggressive stance FIFA takes with anyone who infringes its rights.
Johannesburg-based FMCG firm Metcash was sued by FIFA when it released a confectionery line under the tile “Astor 2010 Pops” alongside the South African flag and images of footballs. The court in South Africa ruled in favor of FIFA and ordered the company to cease production and pay all costs. In a second case, a sports bar near Pretoria used the mark “World Cup 2010″ on its exterior signage, alongside the flags of the various qualifying countries. Again the court ruled in favor of FIFA and forced the bar to remove the images.
This is the case despite the fact that no one owns the rights to the number 2010 or the words South Africa when used in isolation. In Europe, including UK, FIFA has a trademark registration for the phrase “WORLD CUP” 2010. It also owns a UK registration for “WORD CUP” in relation to clothing and footwear.
The World Cup 2010 will start on June 11, 2010, when the host country will take on Mexico in Johannesburg.