Articles Posted in September, 2012

Photographer Christopher Boffoli has filed a lawsuit against Twitter in the U.S. District Court for the Western District of Washington, claiming infringement of copyrighted photographs. The complaint alleges that “Twitter users copied numerous photographs from the Disparity Series without license or permission from Boffoli . . . . [and] were hosted either on Twitter or on third-party servers.”

Boffoli claims that Twitter could have removed the copyrighted photos from its own servers or “disable[d] each Tweet advertising or linking to” the photographs on its own or third-party servers.

Twitter’s Copyright Policy states that “We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.” However, according to Boffoli’s complaint, despite repeated requests that Twitter take down the copyrighted materials, “Twitter has not removed or disabled access to the [copyrighted photos].”

Pinterest filed a complaint at the end of August in the Northern District of California against Qian Jin of Nanjing, China, for cyberpiracy, trademark infringement and false designation of origin, trademark dilution, and unfair competition.  Specifically, Pinterest claims that Qian purchased dozens of “infringing” domain names that are nearly identical and confusingly similar to pinterest.com, and uses them purely for online advertisements.  Pinterest also alleges that Qian applied to register PINTEREST and PINTERESTS as trademarks in the United States in bad faith, stating that he had full knowledge of Pinterest’s brand and services.

On August 31, View 360 Solutions LLC, a subsidiary of Acacia Research Corp., filed a lawsuit against Google, Inc., alleging that Google’s Street View feature infringed on the following patents:

• 6,157,385: “Method of and apparatus for performing perspective transformation of visible stimuli”
• 6,323,862: “Apparatus for generating and interactively viewing spherical image data and memory thereof”
• 6,243,099: “Method for interactive viewing full-surround image data and apparatus therefor”
• 6,731,284: “Method of and apparatus for performing perspective transformation of visible stimuli”
• 8,077,176: “Method for interactively viewing full-surround image data and apparatus therefor”
• 7,542,035: “Method for interactively viewing full-surround image data and apparatus therefor”
• 6,252,603: “Processes for generating spherical image data sets and products made thereby”
• 6,271,853: “Method for generating and interactively viewing spherical image data”

The lawsuit was filed in the U.S. District Court for the Northern District of New York and seeks damages, injunctions against Google’s continued use of the alleged patents.

Happy Friday! As ever, our Daily Summary Writers have been on the look out for interesting opinions to feature in our weekly column – below are two of note from this past week.

Christian Louboutin v. Yves Saint Laurent America Inc., US 2nd Cir. (9/05/12)
Intellectual Property, Trademark

Christian Louboutin, a fashion designer best known for his use of red lacquer on the outsole of the shoes he designs, appealed the district court’s order denying a motion for preliminary injunction against alleged trademark infringement by Yves Saint Laurent (YSL). The court concluded that the district court’s conclusion that a single color could never serve as a trademark in the fashion industry was inconsistent with the Supreme Court’s decision in Qualitex Co. v. Jacobson Products Co., and that the district court therefore erred by resting its denial of Louboutin’s preliminary injunction motion on that ground.

Yesterday, Touchscreen Gestures, LLC filed a patent infringement lawsuit against Google Inc. in the Eastern District of Texas. In its complaint, Touchscreen Gestures, LLC alleged that Google products, including the Nexus One, Galaxy Nexus smartphones and Nexus 7 tablet, infringed the following patents:

• Drag Gesture. U.S. Patent No. 7,184,031 entitled “Method and Controller for Identifying a Drag Gesture.”
• Single Tap Gesture. U.S. Patent No. 7,180,506 entitled “Method for Identifying a Movement of Single Tap on a touch Device.”
• Double Tap Gesture. U.S. Patent No. 7,190,356 entitled “Method and controller for identifying double tap gestures.”
• Scroll Window Screen. U.S. Patent No. 7,319,457 entitled “Method of scrolling window screen by means of controlling electronic device.”

On August 29, Multimedia Patent Trust (“MPT”) filed a patent infringement lawsuit against Apple in the U.S. District Court for the Southern District of California. The patent at issue is U.S. Patent No. 5,500,678, entitled “Optimized Scanning of Transform Coefficients in Video Coding.” In essence, the patent describes a method of digital video compression.

The complaint first alleges that several of Apple’s products, including the iPhone 4S, iPad 2, and the “new iPad” encode video in a way that infringes on MPT’s ‘678 patent. Second, MPT alleges that a handful of Apple software uses the patented methodology “by virtue of the manner in which they encode video.” The third allegation of infringement focuses on the Apple computers as a whole, naming the virtually all current and recent lines of the company’s computers, including the Mac Mini, Mac Pro, MacBook, MacBook Pro, and MacBook Air.