Adidas, Woolworths, Kraft, Issa: Intellectual Property

Adidas AG sued Under Armour Inc. alleging its exercise-tracking and fitness-monitoring products infringe patents held by the world’s second-biggest maker of sporting goods.

The lawsuit is related to Adidas patents that provide the technology for mobile applications products that track heart rates, calories burned and other information during workouts, the company said in a Feb. 5 complaint filed in federal court in Wilmington, Delaware.

The complaint lists claims of infringement of 10 patents and Adidas seeks a court order halting the conduct, awarding a reasonable royalty and providing triple damages for willful infringement.

The case is Adidas AG v. Under Armour Inc., 14-cv-00130, U.S. District Court, District of Delaware (Wilmington).

T-Mobile Wins Appeal Over Calypso Patent for Mobile Hotspots

T-Mobile US Inc. didn’t infringe a patent belonging to Calypso Wireless Inc., the U.S. Court of Appeals for the Federal Circuit said yesterday.

The Washington-based appeals court affirmed a 2013 lower court ruling that a magistrate judge had properly determined both the reach of patent 6,680,923 and its non-infringement by Bellevue, Washington-based T-Mobile.

The patent covers the automatic transfer of data between a wireless device and a cellular network. The appeals court issued its ruling two days after the case was argued and without a discussion of its reasoning.

The case is Calypso Wireless v. T-Mobile USA Inc., 2013-1343, U.S. Court of Appeals for the Federal Circuit. The lower court case is Calypso Wireless v. T-Mobile USA Inc., 2:08-cv-00441, U.S. District Court, Eastern District of Texas (Marshall).

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Woolworths Barred from ‘South Island’ New Zealand Trademark

Woolworths Ltd., the Australia-based retail chain, can’t register “South Island” as a trademark for wine in New Zealand, that country’s Intellectual Property Office ruled and Christchurch, New Zealand’s Press newspaper reported.

The retail giant’s application was opposed by the New Zealand Winegrowers Association, which claimed such a trademark would give Woolworths a monopoly over the use of the name on wine labels, according to the Press.

The newspaper reported that Woolworths registered the term as a trademark in Australia.

Kraft Tells Spokane Bar ‘Date Grape Koolaid’ Objectionable

Kraft Foods Group Inc., maker of Jell-O, Cheez Whiz, Kool-Aid, is demanding a bar in Spokane, Washington, stop offering a cocktail named “Date Grape Koolaid” that critics say trivializes date rape, the Spokesman-Review newspaper reported.

Caroline Krajewski, spokeswoman for Northfield, Illinois-based Kraft, said the company is “appalled” at the Daiquiri Factory’s use of the name, and will soon take action against the bar, according to the newspaper.

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Video Made on Government Time Can’t Be Copyrighted, Issa Says

A member of the U.S. Congress said that a General Services Administration employee who registered the copyright to a parody he created of Travie McCoy’s “Billionaire” video, isn’t eligible for copyright protection, the Federal Times reported.

U.S. Representative Darrell Issa, a California Republican, said the parody, which was shown at a GSA regional conference focused on wasteful practices, isn’t copyrightable because it was filmed at government facilities, featured a GSA employee, and was made for an official government event, according to Federal Times.

Issa said the copyright to the parody belongs to the U.S. government, Federal Times reported.

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Trade Secrets/Industrial Espionage

FDA Redactions of Resume Data Raises Public Citizen’s Ire

Public Citizen, a Washington-based consumer group, sent a letter to the U.S. Food and Drug Administration criticizing the government agency for withholding on its website information from the resumes of members of its advisory committee.

The FDA has claimed the omissions are made to protect trade secret or commercial or financial information that is confidential, according to the Feb. 4 letter.

Information included on a resume “cannot conceivably be ‘trade secret’ or ‘confidential,’” Public Citizen said in its letter, noting that some members have revealed in their listings in LinkedIn Corp.’s social-network page the very same information the FDA redacted as confidential.

Although the redacted information can be found elsewhere, Public Citizen said the public shouldn’t have to search for complete information when the agency “lacks justification for redacting it.”