Category Information and Communications Technology/ Broadcasting

Generic Terms In Domain Names Proving Difficult To Defend As Trademarks

In one of the first decisions on an objection filed at the World Intellectual Property Organization against a new top level domain (TLD) application, the complainant, Express, LLC lost to Sea Sunset, a subsidiary of Donuts. Express is a US fashion dealer, and Donuts is one of the so-called “portfolio TLD applicants” that has applied for nearly 300 new TLDs.

US Subcommittee Examines Toxic Substances Control Act, IP Protection

A subcommittee of the United States House of Representatives Energy and Commerce Committee today heard arguments for and against greater chemical regulation and trade secret protection in its review of the Toxic Substances Control Act (TSCA). The hearing also examined the Environmental Protection Agency (EPA)'s role in regulation.

Happy Birthday To You, Copyrighted

Prof. Owen Dean writes: Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a declaration that the song is out of copyright and in the public domain. These court proceeding are currently attracting attention world-wide due to their somewhat bizarre nature. Meanwhile, under a bill in South Africa, celebrants of birthdays who do not obtain the necessary licence for singing “Happy Birthday” may in future bring the full wrath of the law down upon themselves through their unlawful conduct. Moreover, this situation could prevail in perpetuity.

Infojustice.org: UN Consumer Guidelines Could Be Updated For Digital Rights, A2K

Infojustice.org reports: "Over the last three years a global network of consumer activists has been crafting a set of amendments to an influential global instrument, the United Nations Guidelines for Consumer Protection, that could provide a powerful global standard for digital rights and access to knowledge. UNCTAD agreed to their review and set a date – July 11 and 12 – at which to consider proposed amendments."