9.09.2020

[International IP Briefing] Sept. 2020

 


JP

Japan Search open.


On Aug. 25, 2020. the Japan Intellectual Property Strategy Headquarters released the official version of "Japan Search (https://jpsearch.go.jp/)".

Japan Search
https://jpsearch.go.jp


Japan Search is an integrated portal website that allows you to organize and search metadata of various contents in cooperation with digital archives in various fields in Japan.

The official version of Japan Search is released which added functions that enables users to use content or metadata to promote the establishment, sharing, and utilization of digital archives through test operating.

In addition to the usual keyword search as a search function, the portal site has 'Search by Theme' for a specific topic, or 'Image Search' that allows you to search for similar images.

Furthermore, it has various functions such as 'Gallery', an electronic exhibition that can be viewed without searching. As of Aug. 25, about 21 million data such as cultural assets, art, movies, and academic assets can be searched.

Japan Search
https://jpsearch.go.jp


It is expected that various digital contents will be usefully used through 'Japan Search' in various fields such as education, academic research, tourism, regional activation, disaster prevention, healthcare...and so forth.

Even after the official version is released, they promised to proceed the creation of an environment to promote the establishment, sharing, and utilizing digital archives while pursuing improvements and expansion of various functions.


< Source >

https://www.kiip.re.kr/board/trend/view.do?bd_gb=trend&bd_cd=1&bd_item=0&po_item_gb=&po_no=19883


US

Overturned the Costo's infringement to Tiffany&Co.'s trademark


On Aug. 17, 2020, the U.S. Court of Appeal for the second circuit overturned the judgement of the U.S. district court that a large U.S. retailer Costco infringed on the trademark rights of Tiffany&Co.

In 2012, Tiffany&Co. found out that Costco was selling 'Tiffany' rings, and in 2013 filed a lawsuit against Costco for trademark infringement in the Southern District Court of New York.

Costco insisted tht 'Tiffany' is a brand name but also it's a general term that describes how to fix jewerlry on a ring, and they don't use the blue box and ribbon, the symbol of Tiffany&Co., so with this fact, only a small number of customers misunderstood the ring for a Tiffany&Co. product.

tiffany.com


However, in Aug. 2017, the District Court admitted that Costco sold Tiffany rings and judged that Costco reimbursed for a total $19.3 mil., which is $11.2 mil. three times the profits Costco earned from selling Tiffany rings, plus $8.25 mil. for punitive damages.

The Court of Appeals stated that the lower court's judgement was wrong, saying that Costco's use of 'Tiffany' did not appear to cause confusion for customers, so it could conclude that Costco used the term 'Tiffany' fairly. It admitted that the use of word 'Tiffany' is unlikely to confuse customers, and even though there's a possibility of some confusion, Costco has a right to use the term 'to describe the style of the ring in good faith'.


< Source >

https://www.kiip.re.kr/board/trend/view.do?bd_gb=trend&bd_cd=1&bd_item=0&po_item_gb=&po_no=19891





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