The IPKat's French friend Asim Singh brings fresh news from Paris concerning the ever-popular pastime of les Françaises -- litigating Google AdWords. Reports Asim:
"In a decision handed down on 14 November 2011 the Tribunal de Grande Instance de Paris addressed Google’s role in respect of its (in)famous AdWords program. At issue was whether Google ought to be characterized as a mere hosting entity with respect to the text of a sponsored link for Prisma Press’s gossip website gala.fr (which, the Court held, violated the plaintiff’s right of privacy under Article 9 of the French Civil Code).
- Google was entitled to demand that its client (the advertiser) show it the advertising message at least 3 days before the scheduled start date;
- Google was entitled to determine the advertisement’s position in its discretion;
- Google was entitled to inform the client that it had 72 hours to correct or modify the key words;
- Google was entitled to reject or withdraw any advertising for any reason; and
- Google was entitled to evaluate the relevance of the advertising.
Accordingly, the Court found in favour of the plaintiff and held Google and the advertiser jointly and severally liable for the harm suffered as a result of the violation of plaintiff’s right of privacy and ordered them to pay €1,500 in damages and €3,000 in court costs.
The decision is a first-instance judgment and is subject to appeal".
this interesting little application, filed last month, to register the word AVIDITY for goods and services in Classes 9, 16, 38 and 41. The applicant is named as Avidity IP which, it unsurprisingly transpires, is a firm of European patent and trade mark attorneys (here). Noting that the dictionary meanings of 'avidity' include 'greed' and avarice', the Kat's correspondent cheekily suggests that the choice of such a word might be unsuitable or, worse, descriptive. The Kat doesn't think there's a problem here and he does quite like the brightly coloured, eye-catching logo (right). But what's exercising his mind at the moment is the small print underneath it: "satisfaction is not enough". He's wondering what else might be in store, in addition to satisfaction. Readers' suggestions, especially from Avidity IP (among whose people he has spotted some friendly names), are most welcome.
The IPKat's friend Robert Watson (President, FICPI-UK) writes to tell him that FICPI-UK is attempting to carry out a survey of qualified patent and trade mark attorneys in private practice in the UK to answer some of the points raised in the Hargreaves Review, in particular about small and medium-sized enterprise (SME) access to the IP system. The aim is to generate some evidence of the efforts our profession makes to assist SMEs in understanding the IP system and in obtaining and enforcing IP rights. He has emailed
"Please spare 10 minutes to answer this e-survey from FICPI-UK regarding services for SMEs in the UK – it only has 10 questions! Please pass it on to as many qualified patent and trade mark attorneys in your firms as possible, as the more answers we get the better. However, we are only looking for answers from those in private practice.
We are gathering evidence to submit to the UKIPO in relation to the Hargreaves Review, which concluded that "current service provision is not configured as well as it could be to help SMEs understand and protect their IP or realise value from it. There are three main issues which serve to impede SMEs in obtaining the support they need: the complexity of available offerings; a lack of broad based, strategic business advice; and the substantial costs involved in IP management.”
The attached document explains in more detail the background to this survey, and what we will do with your answers.
We would like your answers by 19 December 2011".
Norman Siebrasse tells him that he has recently become aware of a recent Canadian decision, Nazerali v. Mitchell, 2011 BCSC 1581, granting an interim injunction in a defamation action, inter alia "enjoining the defendants Google Inc. and Google Canada Corporation from permitting the Google.com or Google.ca search engines from returning any search result from www.deepcapture.com." Says Norman:
"It occurs to me that this may be of general interest. I have never seen an injunction of this nature before, though I have to admit that I do not follow defamation law closely. I wonder if similar injunctions have been granted in other jurisdictions. It does seem to me that this kind of injunction might be invoked in respect of illegal downloading and other forms of pirating, and not just in defamation. It is similar to the injunction discussed by the Court of Justice of the European Union in Case C-70/10 Scarlet Extended [noted by the IPKat here], but it is more specific and so, from what I understand from your report, would not be directly prohibited by that decision. I'm not even sure how difficult it will be for Google to comply".Readers' comments are earnestly requested.
The World Intellectual Property Report 2011- The Changing Face of Innovation. This exciting new WIPO publication describes how ownership of intellectual property rights has become central to the strategies of innovating firms worldwide. With global demand for patents rising from 800,000 applications in the early 1980s to 1.8 million in 2009, the Report concludes that growing investments in innovation and the globalization of economic activities are key drivers of this trend. For those who like stuff which is evidence-based [on which see the excellent post by Dr Nicola Searle in her Katonomics series here], there are lots of real facts and figures. Thanks, Sacha, for letting us know.