Azernews.Az

By Bloomberg

RightsCorp Inc., a California company that polices online copyright infringement, filed an appeal in its attempt to get a federal court to force an Internet service provider to release identifying information about subscribers accused of downloading content without authorization.

Birch Communications Inc. of Atlanta refused to hand over the data, arguing that RightsCorp was reaching too far. A federal magistrate agreed and didn’t allow RightsCorp’s subpoena to go forward. RightsCorp appealed.

U.S. District Judge William S. Duffey Jr. agreed and in a May 5 order adopted the magistrate’s ruling. He did reject the Internet service provider’s request for monetary sanctions against RightsCorp, saying the California company’s request for review of the magistrate’s ruling “was not unreasonable.”

The case is In Re Subpoena Issued to Birch Communications Inc., 1:14-cv-03904, U.S. District Court, Northern District of Georgia (Atlanta).

For more copyright news, click here.

Trademark

Indian Motorcycle Faces Aussie Canopy Maker in Trademark Fight

Indian Motorcycle Co., a designer and maker of heavyweight motorcycles, is trying to block an Australian company’s use of a trademark featuring an Indian headdress and the word “Chieftain,” the Australian Business Review reported.

According to the report, Gilroy, California-based Indian Motorcycle has demanded that Chieftain Canopies in Sydney sign over the trademark and logo.

Kathryn Hams, who has owned the canopy-manufacturing firm for 25 years, said she registered her mark with Australian trademark authorities four years ago, the newspaper reported.

IP Australia, which regulates trademark use, told the newspaper that Hams owns the mark and that Indian Motorcycle has a pending application to register the word “Chieftain.”

Dr. Pepper’s Big Red Sues Pennsylvania Bottler Over Trademark

Dr. Pepper Snapple Group Inc.’s Big Red unit has sued a Pennsylvania soft-drink bottler for trademark infringement.

In the complaint filed in Dallas federal court May 6, Big Red accused Catawissa Bottling Co. of infringing its Big Red trademarks. According to court papers, Big Red is a cream soda created in 1937 and sold in 40 states and the “Big Red” trademark was first registered in 1960, the company said.

Big Red objects to Catawissa’s use of “Big Ben” for its soda. Both products are artificially colored to an identical shade of red and have similar packaging, according to the complaint.

Austin, Texas-based Big Red asked the court to order Catawissa to halt its alleged infringement, and for awards of money damages, attorney fees and litigation costs.

Catawissa didn’t immediately respond to an e-mailed request for comment on the suit.

The case is Big Red Inc. v. Catawissa Bottling Co., 3:15- cv-01423, U.S. District Court, Northern District of Texas (Dallas).

For more trademark news, click here.

Trade Secrets/Industrial Espionage

OHL Mexico Says Phone Conversations Release Industrial Espionage

The head of OHL Mexico SAB de CV, a construction company in Mexico, said that release of recorded phone conversations between its executives can be classified as industrial espionage, the Latin American Herald Tribune reported.

In a teleconference with investors, Sergio Hidalgo said phone recordings cited by a journalist were “manipulated and taken out of context” and leaked to cause the company damage, according to the newspaper.

He said industrial espionage in Mexico is a crime and that his company will seek compensation, the newspaper said.

The recordings were published in Mexico’s La Razon newspaper and later uploaded to YouTube, according to the Herald Tribune.

Patents

Apple Gets U.S. Patent Covering Design of Wristwatch

Apple Inc., maker of the iPhone and iPad, obtained a patent to protect the design of its watch.

Patent D728,624, issued May 5, covers what Cupertino, California-based Apple describes as “the ornamental design for an electronic device” as shown in accompanying drawings.

The illustrations depict a device wearable on the wrist, featuring a square face with rounded edges. The drawing of the reverse side shows four sensors contained within a slightly raised circle.

The patented device also has notches at the top and bottom edge through which the strap can be inserted. As with a conventional watch, the Apple watch has a raised crown on one side.

The patent, which Apple applied for in August 2014, lists 20 named inventors. The device was first available for consumers April 10.