March 2nd, 2008

Intellectual Property – Trade Mark Infringement – Figurative Community Trademark

In the case of Sportwetten GmbH Gera v the Office for Harmonisation in the Internal Market (“OHIM”) (2005), it was held that the registration of a Community trade mark was not contrary to public policy or public morality.

On 11 January 1999, OHIM published a figurative mark incorporating the word INTERTOPS in respect of Class 42: bookmakers and betting services of all kinds.

Sportwetten GmbH was the proprietor of the trade mark INTERTOPS SPORTWETTEN, registered in Germany in respect of the same types of services.

January 1st, 2008

Selecting Business Names And Intellectual Property Law

Whether a software license agreement is properly constructed for a transaction depends on a range of factors. Of course, management of intellectual property rights for the copyright owner is a key area for close consideration. This entails defining the territory – usually countries - for the use of the software.

Software Development Contracts

December 22nd, 2007

Icann Udrp - Six Tips For Effective Advocacy To Win Domain Name Disputes

Domain name conflicts affecting business are on the rise.

Fortunately, victims of domain name abuse have an effective tool to fight cybersquatting. The Uniform Dispute Resolution Policy (UDRP) adopted in 1999 by the International Corporation for Assigned Names and Numbers (ICANN), the international body responsible for domain name governance, has been used to address thousands of domain name conflicts.

As an ICANN UDRP Panelist with over 125 reported decisions, I have read many submissions, some very good, many bad.

Here are six recommendations for UDRP submissions.


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