OurPet’s, Victoria’s Secret, Apple: Intellectual Privacy

Aug. 4 (Bloomberg) -- OurPet’s Co., an Ohio-based producer of pet products and accessories, said in a statement that it has settled an infringement dispute with a competitor over a patent for a simulated toy mouse with a prerecorded sound chip.

The suit over the pet toy was filed April 30 in federal court in Cleveland. Our Pet’s said Boss Pet Products of Ohio’s Cuyahoga County was importing and selling a toy mouse that infringed patent 6,371,053.

Terms of the settlement weren’t disclosed in OurPet’s statement or in the court filing dismissing the case. OurPet’s has filed four infringement suits related to this patent since 2010, according to data compiled by Bloomberg.

The case is Our Pet’s Co. v. Boss Pet Products Inc., 14-cv-00936, U.S. District court, Northern District of Ohio (Cleveland).

Comedian Rejects Lawsuit Dismissal, Raises Crowd-Sourced Funds

Comedian Adam Carolla has rejected an offer by Personal Audio LLC to dismiss his podcasting company from a patent suit and is using a crowd-funding website to solicit funds to defend the case.

In a statement on the FundAnything.com website, Carolla accused Personal Audio of being a “patent troll” that exists only “to sue every business imaginable.” He said “lawsuits are the only way that Personal Audio makes money” and accused the company of “going after any other podcast they believe can be shaken down for money.”

Carolla said funds raised through the site will be used “on behalf of all podcasters and fans, and send a crystal clear message to all patent trolls that we won’t back down.”

Personal Audio said in a statement that Carolla “continues to raise unneeded money from fans” and that the comedian has already received $450,000 through FundAnything.com.

Brad Liddle, Personal Audio’s chief executive officer, said in the statement that Carolla’s fundraising may be related to “how he uses the case as material for his show.”

Personal Audio sued Carolla and his Lotzi Digital Inc. in federal court in Marshall, Texas, in January 2013, accusing him of infringing patent 8,112,504, which covers a system for disseminating media content in sequential episodes.

The case is Personal Audio LLC v. Ace Broadcasting Network LLC, 2:13-cv-00014, U.S. District Court, Eastern District of Texas (Marshall).

For more patent news, click here.


Victoria’s Secret Barred From Using ‘Pink’ Trademark in U.K.

Thomas Pink Ltd., LVMH Moet Hennessy Louis Vuitton SA’s London-based luxury clothing retailer, prevailed in a U.K. trademark dispute with L Brands Inc.’s Victoria’s Secret, the Guardian reported.

The high court said the lingerie chain’s use of “pink” in connection with “sexy, mass-market appeal” underwear could harm the reputation of the Thomas Pink brand, which was named for an 18th-century British tailor, according to the Guardian.

For more trademark news, click here.


LVMH’s Benefit Cosmetics Sued by Artist Over Wallpaper Patterns

LVMH Moet Hennessy Louis Vuitton SA’s Benefit Cosmetics unit was sued for copyright infringement by an artist who designs wallpaper patterns.

In a complaint filed in Manhattan federal court, Sydney Albertini of East Hampton, New York, accused Benefit of infringing her original wallpaper design. Albertini said Benefit bought 120 rolls of her “Southern Flowers” wallpaper and had the pattern copied by a manufacturer. Benefit also incorporated the pattern into its marketing materials without permission, according to Albertini.

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

Albertini is seeking “hundreds of thousands of dollars” in damages and an award of “potentially millions of dollars in profits” that she said Benefit has reaped as a result of the alleged infringement.

The case is Albertini v. Benefit Cosmetics LLC, 14-cv-05798, U.S. District Court, Southern District of New York (Manhattan).

Yahoo Challenges German Copyright Law on Constitutional Grounds

Yahoo! Inc., the Sunnyvale, California-based Internet media company, challenged a law in Germany that expanded copyright protection for news content used on the Internet, the Associated Press reported.

The year-old law permits only the use of single words or small text passages without the payment of royalties, AP said.

Yahoo said in a filing to Germany’s Federal Constitutional Court that the law places unconstitutional limits on freedom of information, according to the AP.

For more copyright news, click here.

Trade Secrets/Industrial Espionage

Russia Says It Seeks Apple, SAP Source Code to Prevent Spying

Russia suggested that Apple Inc. and SAP SE give the government access to source code for their most widely used products so it may determine that the code isn’t used for spying on state institutions, the Telegraph reported.

Russia’s communications ministry said in a statement that it was making the request to ensure the privacy rights of consumers and corporate users and to protect state security interests, according to the Telegraph.

Cupertino, California-based Apple and Walldorf, Germany-based SAP declined to comment on the Russian proposal, according to the newspaper.

To contact the reporter on this story: Victoria Slind-Flor in San Francisco at vslindflor@bloomberg.net

To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net Andrew Dunn, Charles Carter

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