T here is a growing need forbrand owners to developproper strategies for dealing

with the evolving Internet, whichpotentially could see its biggestgrowth spurt yet if and when thenew generic top-level domain(gTLD) program is approved byICANN. Two sessions yesterdayaddressed the latest develop-ments in gTLDs, non-Latindomains and social media, whileICANN’s Intellectual PropertyConstituency held a meeting yes-terday afternoon.

Speaking at the DomainNames: How to Protect Your.assets session moderated byMitchell S. Bompey of MorganStanley, Doug Brent of ICANNsaid the idea behind new gTLDsis to “encourage and foster cre-ativity.”

Brent did not indicate whennew gTLD applications mightbegin—David Taylor of HoganLovells (below right) speculatedthe first quarter of 2011—but he

said that the next version of theDraft Applicant Guidebook willbe published on May 31.

Despite angst in the IP commu-nity about the program, ICANN iscontinuing to move forward withits implementation plans that fol-lowed the approval of the newgTLD policy in June, 2008. The IPcommunity is encouraging ICANN

to ensure that the scope, mannerand pace of the new gTLD intro-duction is consistent with policygoals ICANN has stated for intro-ducing new gTLDs, namely toincrease competition and consumerchoice in the domain name space.

Kristina Rosette of Covington& Burling suggested litigation isa possibility to slow down theapplication launch. One sourceof litigation could be trademarkowners, worried about masscybersquatting.

Government might be anotherpotential block, added CynthiaJohnson Walden of Fish &Richardson, due to public inter-est issues.

Speaking in the Internet Lawsession, moderator J. Scott Evansof Yahoo! (above right) said thatnew gTLDs are coming and that“companies should think abouthaving a separate department fordomains.”

The reason is to consider theproper strategy for your brandand that it is worth “thinkingoutside the box” he said.

Fabricio Vayra of Time Warner,speaking in the Domain Names ses-sion, agreed with Evans’ idea. Hefeels it is important IP lawyers reachout to their marketing departmentsand senior executives to decide onthe best route forward.

ICANN has recently introducedInternationalized Domain Names(IDNs) country-code top-leveldomains (ccTLDs). Egypt, Russia,Saudi Arabia and the UAE alreadyhave their strings added to the rootand more ccTLD registries areexpected to do so soon.

Mass cybersquatting is a realissue for the new IDNs, warned

Nick Wood of Com Laude. Hesaid it was a “shame” ICANN did-n’t recommend countries launchingIDNs use best practices such asgrandfather or sunrise schemes.

There was near unanimityacross the two sessions that com-panies should make sure theirbrand monitor is capable of

working and monitoringdomains in countries that areusing IDNs, as this is no easy taskfor many providers.

While IDNs and gTLDs presentnew challenges, social media suchas Twitter and Facebook operate ina different, private space that canbe equally challenging for brands.Unlike the gTLDs with policiessuch as the Uniform DisputeResolution Policy for disputes—also debated in both sessions—social media tend to have “terms ofuse” agreements explained ScottMinden of Symantec (far left).

He spoke about reportinginfringing handles or identities onsocial media sites. Facebook isresponsive to taking down “fake”or “imposter” identities on the siteand transferring them to the brandowner, while Twitter takes downinfringers but is not known totransfer the identity to the rightfulowner. Minden added thatSymantec now has its own councildrawing on all sectors of the com-pany to discuss domains. ■

From left to right: Doug Brent, Kristina Rosette, Nick Wood, Cynthia Johnson, Fabricio Vayra, Mitchell S. Bompey

Wednesday, May 26, 2010 www.managingip.com

NEWS 2-3 • INTERVIEW 4 • CITY GUIDE 9 • RECEPTIONS 10-11 • QUIZ RESULTS 12

www.inta.org 132ND ANNUAL MEETING, BOSTON

Daily NewsPUBLISHED BY

NEWS: PROTECT SHAPE MARKS 2

INTERVIEW: TERRY URSINO, DUNKIN’ DONUTS 4

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Why brand owners neednew Internet strategies

Annual Meeting attendance tops 8,300As of April 30, more than 8,100 individualsfrom over 140 countries had registered forINTA’s 132nd Annual Meeting. A few hundredmore signed up for the event on site.

A ntónio Campinos, Head ofthe Portuguese IP office, isto be the next President of

OHIM. His appointment wasconfirmed yesterday at a meetingof the European CompetitivenessCouncil.

Campinos will take over thetop OHIM job on October 1,when Wubbo de Boer retiresafter serving two five-year termsas President. The 41-year old hasbeen chair of OHIM’sAdministrative Board and waspreviously chair of the WIPOMadrid System Working Group.

Christian Archambeau ofBelgium has been confirmed asVice-President. The Vice-President’s role is to deputize forthe President in his absence. Thecurrent Vice-President, PeterLawrence, has also been incharge of finance at the Office,but the exact responsibilitiesassociated with the role are flexi-ble and to be decided by thePresident.

Paul Maier, the President ofOHIM’s Boards of Appeal, hasbeen appointed to serve a secondfive-year term in the job.

INTA welcomed the news.Executive Director Alan Drewsensaid: “We very much look for-ward to working with the newleadership of OHIM and contin-uing our good working relation-

ship with the Office on behalf oftrademark owners.”

Wubbo de Boer told the INTADaily News yesterday that histop priority during his remainingtime at OHIM would be to “con-tinue radically improving thetimeliness of opposition deci-sions.”

During yesterday’s meeting ofthe Council of Ministers, repre-sentatives of the EU’s 27 memberstates also adopted theConclusions on the future revi-sion of the Trade Mark system inthe EU. This document was pre-pared by officials from Spain,which holds the rotating presi-dency of the European Union,with amendments from a numberof countries including Hungary.

It calls on the EuropeanCommission to present proposalsfor the revision of the directiveand regulation governing the

INTA welcomes newOHIM President

Continued on page 11

INTA President Heather Steinmeyer welcomed IP associations from around the world at the AssociationBrunch yesterday. A number of groups were represented, including FICPI, the ABA, the IPO, the QBPC andAIPLA. “This is a wonderful opportunity to discuss ways to cooperate in substantive work,” said Steinmeyer.

W hen outsourcing work to an off-shore firm: “Supervise, supervise,supervise,” advised panelists at yes-

terday’s session on outsourcing and ethics. Despite the many perceived advan-

tages of outsourcing trademark work tocompanies overseas—such as improvedquality and reduced response time—“theduty of competency cannot be waived,”said Michael Downey of Hinshaw &Culbertson. Using the hypotheticalexample of a law firm that hired the fic-tional company Outsource Legal to reg-ister the SUPER TAFFY trademark forits client, Taffy Works, moderatorElliott Bankendorf of McCracken &Frank asked the panelists to explain thevarious risks that US lawyers shouldweigh when using outside serviceproviders.

Factors such as attorney-client privi-lege, conflicts and client confidentiality

could make outsourcing a headache ifthe proper steps are not taken. “As theoutsourcing lawyer, you are responsiblefor information sent outside of yourfirm,” said Linda Kuczma of Banner &Witcoff.

For this reason, attorneys should thor-oughly investigate the data security of theoutsource company, educate the companyon the concept of confidentiality (since dif-ferent cultures often have different ideas ofwhat confidentiality means), draft contrac-tual provisions on confidentiality, and—most importantly—supervise consistentlythroughout the project.

Jaime Mercado of Fiddler, Gonzalez &Rodriguez—who outlined the AmericanBar Association’s view on the topic—added that supervising via email or phonemay not always be sufficient. “You mayhave to pay a visit to your outsourceprovider,” he said. ■

The In-House Counsel Reception was held at theWestin Boston Waterfront last night. A door prizewas held, and the winners were:• One free 2011 INTA Annual Meeting Registration:

Susan L. Crane (Wyndham WorldwideCorporation).

• One free Forum Registration (non-Annual orLeadership Meeting): Casey Mangan (Allstate

Insurance Company).• 2010 US & International Trademark Law

Handbook (3 winners): Jessica Doherty (BoseCorporation), Aimee Mahan (Amazon.com) andLynn M. Larson (Kimberly-Clark Corporation).

Winners will be contacted following the meeting.Congratulations!

Brand owners should take advantage ofthe opportunities that nontraditionaltrademarks offer for brand develop-

ment, said speakers at a session yesterdaymorning.

“There are a lot of opportunities in thisarea but they are still unknown. This is excit-ing for brand owners—we just have to openup to it,” said Rebecca Roby of Hard RockCafé. She was speaking at a session on non-traditional trademarks and designs that wasmoderated by Nettaya Warncke of DomnernSomgiat & Boonma Law Office.

Roby began her presentation with theSupreme Court’s 1995 decision inQualitex Co. v Jacobson Products Co.,

which, she claimed, “really opened thedoor for brand owners to be creative intheir advertising.”

She then looked at the full range of non-traditional trademarks available includingsingle color, scent, touch, taste, hologramand motion marks. “Where we are going ispotentially endless in terms of what can bea device,” she said.

The other speakers focused on 3Dtrademarks and how they interact withprotection for industrial designs. PaulaBezerra De Menezes of Soerensen GarciaAdvogados Associados said that it waspossible to apply for both in Brazil, butbrand owners should be careful about the

order in which they file:“Considering the noveltyrequirement for design reg-istrations, it is of paramountimportance to apply forindustrial designs first,then trademarks.”

Hasan Irfan Khan ofUnited Trademark &Patent Services said that thesame advice applied in Pakistan, andadded different types of product may ben-efit from different kinds of registration.Two factors to consider in Pakistan arethat designs, which are not published, canbe harder to enforce in the courts and are

also, unlike trademarks,of limited duration.

Khan spoke about aninnovative case he hasbeen involved in involv-ing an attempt to obtain

3D trademark and designprotection for a new version of the

three-wheeled rickshaw taxis that are com-mon on the streets of Pakistan andthroughout parts of Asia. The trademarkregistration has been opposed, but Khanhas obtained an industrial design registra-tion and achieved ex parte settlements withsome of the many imitators of this rick-shaw that have emerged. ■

NEWS

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The INTA Daily News is produced by ManagingIntellectual Property in association with theInternational Trademark Association. Printed by TheColor Group. The INTA Daily News is also availableonline at www.inta.org and www.managingip.com. ©Euromoney Institutional Investor PLC 2010. No partof this publication may be reproduced without priorwritten permission. Opinions expressed in the INTADaily News do not necessarily represent those ofthe INTA or any of its members.

New horizons for brand owners

Think carefully before outsourcing

Border measures in the Andean regionare useful tools, but Customs authori-ties are still not well trained and there is

still work to be done, said Fernando Trianaof Triana, Uribe & Michelsen in yesterday’sregional update on Latin America.

For example, Triana said that only oneborder measure proceeding for IP rights hasbeen performed in Cartagena, Colombia inthe five years that such protection has exist-ed. “That’s nothing,” he said.

While first steps have been taken toenforce IP rights in Latin America moreeffectively through enhanced border meas-ures and Free Trade Agreements (FTAs),panelists said that there is still a lack oftrust and uncertainty in the systems.

This presents challenges for companiesseeking to protect and enforce rightsthroughout Latin America. Roxana Penagosof the Coca-Cola Company in Mexicoshared with attendees her strategies for tack-ling the situation, since Latin America com-prises 27% of Coca-Cola’s market.

One key factor is hiring competent out-side trademark counsel. Penagos said that,when working with outside trademarkcounsel in Latin America, their ability to

provide value for the dollar is crucial.However, when it comes to the process ofchoosing an outside firm for the first time,money becomes less of an issue: “Qualityfirst, cost second,” she said.

Horacio Rangel-Ortiz of Rangel yRangel in Mexico rounded off the session,which was moderated by SantiagoO’Conor of Marval, O’Farrell & Mairal,by explaining some of the key IP provi-sions in FTAs with the US. These includeobligations to protect trademarks that arenot visually perceptible (including soundand scent marks), to protect well-knownmarks and to join the Madrid Protocol.

Rangel pointed out that, althoughChile, Colombia, Panama, Peru and theCAFTA-DR countries have all enteredFTAs with the US (although not all are inforce), the language relating to their obli-gations to join the Madrid Protocol varies.While some agreements specify a specifictime frame in which the countries mustjoin, others mandate only that the country“exercise reasonable efforts” to do so. “Itremains to be seen how the US will dealwith those countries that do not join,” saidRangel. ■

Protect IP at the border inLatin America

R egulations and laws affecting adult entertainmentindustries have “dramatically increased” over thepast decade, Ana Cashman of Playboy Enterprises

told an industry breakout yesterday morning. Not allthese initiatives have been “welcome or consistent,” sheadded.

Speaking in the same session, Jeffrey Michel of WMSGaming said his industry faces similar problems, as regu-lations prohibit the marketing of games aimed at under-21s or that are contrary to public policy. “In my opinion,decisions on the games themes are very difficult to recon-cile and therefore it is difficult to advise clients,” heexplained.

For example, a game called Chinny Chin featuring threepigs was rejected on the grounds that it could appeal tochildren. But games involving Garfield the Cat and Star

Wars have been approved. Similarly, a South Park gamewas rejected as contrary to public policy but a gangster-themed Sopranos game was approved.

Michel also said that patents have been asserted“aggressively” in the games industry but predicted that,following recent court decisions: “We’re going to see peo-

ple not relying on patents so much.Copyright, trademark and other areas of IPlaw may become a stronger tool to use.”

For example, companies in adult-orientedindustries are at greater risk of being accusedof trademark dilution, as their products maybe seen as tarnishing. Michel said his compa-ny had recently received cease-and-desist let-ters from the NFL (regarding a game calledDancing Dolphins and possible associationwith the Miami Dolphins) and PepperidgeFarm (over a game called Goldfish). Bothcases were settled amicably.

Cashman said that Playboy has a strictpolicy of marketing to adults only, withonline access to explicit sites requiring cred-it-card verification. But, with some 150license agreements and a worldwide fan base,Playboy faces the challenge of controllinglicensees’ and others’ use of its marks. Thischallenge is increased by the popularity ofsocial media, she added: “It is important toembrace social networking. It providestremendous opportunities to see what con-sumers are saying about brands.” Playboyrecently appointed a director of social mediaand has worked with YouTube to pre-screenvideos submitted by the public. “We hadgreat results but it was very cumbersome andtook away the immediacy,” she said.

Ronald R. Urbach of Davis & Gilbertagreed that social media presents new chal-lenges to advertisers in the adult industries,as it can be hard to understand and controlthe demographic of your audience. Heshowed some examples of ads for DORITOSchips which, he said, had “done a terrificjob” of using consumer-generated content asa marketing tool. ■

INTA’s India Project Team met on Mondayat the Westin Boston Waterfront. TheTeam is planning to expand the range of

roundtables it holds in India. “We want to docutting-edge issues,” said Sujata Chaudhri(pictured right), one of the two specialistadvisers to the Team. This July a roundtablein Pune will discuss comparative advertising.“This is a really hot topic in India at themoment,” said Shwetasree Majumder, thesecond adviser (pictured left). ■

NEWS

WWW.MANAGINGIP.COM INTA DAILY NEWS WEDNESDAY, MAY 26 2010 3

Adult industries face tough challenges

India team plansroundtables

How long have you been with the company and what isyour background? I have been with the company for more than 25 years, orig-inally working under the General Counsel. In its earlyyears, trademark prosecution was a function of the GeneralCounsel. As I got more exposure to the field, I knew I want-ed to take on the responsibility of managing the portfolio.Today I manage the IP portfolio for Dunkin’ Brands, hometo two of the world’s most recognized and loved brands:DUNKIN’ DONUTS and BASKIN-ROBBINS.

What does your role entail on a daily basis? Each day offers a different opportunity and quite a varietyof projects. If I’m not working on trademark or domainmatters, I can be found immersed in a marketing or inter-national project du jour. Given the nature of marketingprojects, we have to provide trademark clearance, legalreview and approval sometimes at lightning speed. It’salways fun and exciting to work with our marketing part-ners on new products and promotion ideas. It’s a great wayto get a sneak peek of what’s coming soon to your localDunkin’ Donuts or Baskin-Robbins restaurant.

How large is your trademark/IP portfolio? What are themain brands? We have a medium-sized portfolio. The main brands areBASKIN-ROBBINS and DUNKIN’ DONUTS, which arepart of Dunkin’ Brands, Inc.’s family of companies.

In which countries do you protect your marks?There are Dunkin’ Donuts and Baskin-Robbins restaurantsin 45 countries, but we have registered our marks morebroadly.

Do you use the Madrid System at all? What are the advantages/disadvantages of the system?We have not found the Madrid System to be very effectivefor protection in countries where we have operations.

How large of a problem are domain name disputes for you?How do you face the challenge?Like most brand owners, the mere nature of domain namesand their intrinsic issues have been problematic sinceinception. Strategies for domain presence and resolutionsbecome outdated quickly. Our brands are no different. Weface the same issues and challenges and struggle with thebureaucracy and continuing escalating costs to protect andenforce our brands worldwide.

What changes to the trademark system would you mostwelcome?More predictability and protection for famous marks.

Do you view the lack of harmonization in IP systemsaround the world as a barrier to protecting your company’s IP?Yes, specifically the willingness of some countries to protect

INTERVIEW: TERRY URSINO, DUNKIN’ BRANDS

INTA DAILY NEWS WEDNESDAY, MAY 26 2010 WWW.MANAGINGIP.COM4

Defending a delicious brand Terry Ursino is Trademark Manager for Dunkin’ Brands, Inc. Ursino spoke with Eileen McDermott about how she got into IP, the challenges ofprotecting Dunkin’s desserts worldwide and what advice she seeks from outside counsel.

Based in Canton, Massachusetts, Dunkin’ Donuts is a subsidiary ofDunkin’ Brands. From its humble start in the greater Boston area, ithas grown across the country and the world into a truly iconicbrand. William Rosenberg founded Industrial Luncheon Services in1946. After delivering meals and coffee break snacks to customersin Boston, he decided to let the customers come to him at his firstcoffee and donut shop, named Open Kettle. Shortly thereafter, hechanged the name and in 1950 Rosenberg opened his first Dunkin’Donuts in Quincy, Massachusetts. The response was so strong thatby 1955 the first franchise agreement was signed. Dunkin’ Donutswas on its way to establishing itself as the largest chain of coffee,donut and bagel shops. Today, Dunkin’ Donuts is celebrating its60th birthday, and there are more than 9,000 restaurants in 31countries worldwide.

A sweet story

generic terms as trademarks. The lack of harmonizationcertainly makes crafting a global protection strategy moredifficult. Keeping track of the various grace periods fornon-use, licensing requirements, and a basis for oppositionfrom country to country can be a challenge.

What is the single biggest challenge you face in protectingyour particular brand? Staying one step ahead of trademark pirates and cyber-squatters. Our brands are world famous, and with famecomes imitation and unauthorized use of our IP.

What is the most important quality you look for in outsidecounsel?No one has the budget to do everything they would like soI look to my outside counsel to help me decide what ismost important for our business: which new applicationsand renewals make sense, which oppositions and litigationbattles are strategically significant. It is easy for outsidecounsel to recommend everything; it’s much harder toknow our business and make a judgment call on what’sessential and what isn’t.

What are you looking forward to most at the INTA AnnualMeeting this year?I always enjoy attending the various sessions, takingadvantage of the networking opportunities to meet withdomestic and foreign counsel. Similar to other quick-serv-ice restaurants, we also have some trademark concernsaround the world, so the opportunity to meet personallywith the associates is invaluable.

Also, this year in particular, I am very excited as it is the

perfect opportunity to showcase the DUNKIN’ DONUTSbrand. We hope that the attendees will take advantage ofhaving a great DUNKIN’ DONUTS experience by redeem-ing the free coffee coupon that is included as part of theWelcome Letter in the tote bag.

What would you recommend Annual Meeting attendees dowhile in Boston?I am from the Boston area, so my personal favorite thingto do in Boston is to visit my son, who lives and works inthe city. But I would recommend visiting some of the greathistorical sites that Boston is well renowned. If you havetime, try walking the Freedom Trail, which is a 2.5 miletrail that leads you to historic sites. Just follow the “red

brick sidewalks” and you’ll happen upon the site of theBoston Tea Party or the spot where the Boston Massacretook place. You will eventually find yourself deep into thenarrow and compact streets of the North End (LittleItaly), where you will find the Old North Church, PaulRevere’s house and a neighborhood packed with Italianrestaurants. As you wander through the streets of theNorth End not only will you take a step back in time butyou will experience a sensory adventure as you strollthrough the streets smelling the sweet aromas of Italiancooking. If time is of the essence, take a Duck Tour rideand you will not only ride the streets of Boston in anamphibious landing vehicle but you will also enjoy thesites from the Charles River. ■

INTERVIEW: TERRY URSINO, DUNKIN’ BRANDS

INTA DAILY NEWS WEDNESDAY, MAY 26 2010 WWW.MANAGINGIP.COM6

Like many others, I got involved with IP quiteby accident. I was always drawn to differentcultures, so it was no surprise to my familywhen I decided to take a job in Rome workingfor the Food and Agricultural Organization(FAO) of the United Nations. I also brieflyworked in London for an American company.When my assignments finished, I decided toapply for a position with the U.S. Departmentof State Foreign Service. Although I wasaccepted into the program, I decided toremain in the U.S. because of personal cir-cumstances. I then focused my job searchlocally on companies offering opportunities

to work in an international environment. Iwas scheduled to interview for a positionworking in the international department atDunkin’ Donuts corporate offices, but theposition was filled before I had a chance tointerview. But as fate played its hand, anoth-er opportunity opened in the LegalDepartment and I applied for the job. I washired to be one of the four staff reportingdirectly to the General Counsel. Since he hadsuch a small staff, we were immersed into amultitude of projects. We assisted with thedevelopment into new international marketswhile simultaneously expanding our trade-

mark portfolio; we also partnered with themarketing department to assist with newproduct names and promotions and guidedthe team through its first foray into nationalTV advertising. It was a whirlwind of projectsbut such interesting and fun work. I hadfound my niche: I was able to remain near myfamily and work on so many exciting projectsthat involved the international arena, not tomention working with yummy products thatDunkin’ Donuts had to offer. Today, the IP andmarketing review functions include theBaskin-Robbins brand, which for 65 years hasbeen offering irresistible ice cream treats.

How and why did you come to work with trademarks and what do you like most about it?

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CITY GUIDE

Old Town Trolley Tours Old Town Trolley Tours offers a tra-ditional “hop-on-hop-off” sightsee-ing tour that includes all the city’smajor landmarks. The one hour and45 minute tour is fully narrated bythe conductor, and offers an easyalternative to arranging your owntransportation to and from eachdestination. There are 18 stops con-veniently located throughout thecity so you can explore Boston atyour own pace. www.trolleytours.com/boston$38 adults; $35 seniors, students and mili-tary; $15 children (ages 3-12) (discounts avail-able online)

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The Boston HarborWalk The Boston HarborWalk is a self-guided tour that both visitors andnative Bostonians enjoy. People canmeander along the route, visitingthe various neighborhoods that arenext to the newly restored BostonHarbor. HarborWalk also offers freedownloadable audio tours narratedby locals, which make a greataccompaniment to your journey. www.bostonharborwalk.comThe Boston Harbor Association374 Congress Street, Suite 307Boston, MA 02210(617) 482-1722

Boston Photowalks Budding photographers will findinspiration on the BostonPhotowalks tour, which offers aguided tour of the most scenicplaces in the city, and provides tipsfor how to get the best shots alongthe way. Novices and photographybuffs alike will enjoy seeing themost important landmarks in Bostonfrom a different angle. www.photowalks.com1 (800) 979-3370Rates vary depending on the tour

Urban AdventoursUrban Adventours offers a numberof different biking tours. From the“Water Wheels” route, running fromCharles River to Boston Harbor, tothe “Art and Architecture Tour”, toevening rides to Fenway Park, thereis a tour for every rider. The toursare offered twice a day, seven days aweek, and the bike, helmet, waterand tour guide are all provided. www.urbanadventours.com890 Commonwealth Ave. Boston, MA 02215(800) 979-3370Tickets $30

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BOSTON: TOURS Photos: Greater Boston Convention & Visitors Bureau

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PARTY PHOTOS

INTA DAILY NEWS WEDNESDAY, MAY 26 2010 WWW.MANAGINGIP.COM10

RCO Court, 3-5 Sinari Daranijo Street, Victoria Island, Lagos - Nigeria.Tel: 234-1-4626841-3, 2806989 Fax: 234-1-2623702, 2716889

Email: jacksonettiedu@jacksonettiandedu.comBranch Offices: Abuja, Ikeja, Ghana

www.jacksonettiandedu.com

1425 K Street N.W.; Suite 800, Washington, D.C. 20005Phone: 202-783-6040 Fax: 202-783-6031 Email: info@rfem.com

Patent, Trademark, Trade Dress, Copyright, Licensing, Unfair Competition,Intellectual Property Litigation, Searches & Counseling

DE SOLA PATE & BROWNAttorneys & Counselors

Caracas, Venezuela

Intellectual property attorneys specializing in trademarks, patents,copyrights, foreign investment, technology licensing, franchising,

trademark litigation and unfair competition.

Contact:Irene De Sola (irene@desolapate.com) and/orRichard N. Brown (rbrown@desolapate.com)

www.desolapate.comdplaw@desolapate.comTel. 58-212-7939898Fax. 58-212-7939403

De Sola Pate & Brown Attorneys & CounselorsTorre Domus, 16th FloorAv. Abraham LincolnSabana GrandeCaracas, Venezuela

Est. 1944 “Global Experience

brought to Venezuela”

Alvarez Delucio celebrated the firm’s 10thanniversary at Stix restaurant with Mariachis, traditional Mexican dress and tasty tacos and quesadillas.

Guests of Arnold + Siedsma viewed the contem-porary art on display at the Carroll and Sons gallery.

Tequila and Latin American music kept guestsdancing late into the night at the Arochi Marroquin& Lindner reception at the Harvard Club.

ARS-Patent hosted a Russian-themed eventcomplete with ballet performances at the WestinBoston Waterfront on Monday evening.

Fine New Zealand wines and cheese were servedat Baldwins’ chic reception at the Ritz Carlton.

Bird & Bird held a reception in Ned Divine’s Irishbar in the heart of Quincy Market.

Guests enjoyed the warm weather by a reflectingpool on the outdoor terrace of the Splash UltraLounge, courtesy of Borden Ladner Gervais.

CT Corsearch provided entertainment with anight of bowling, pool and cool tunes at Jillian’ssports bar.

In the picturesque atmosphere of the IsabellaStewart Gardner Museum, guests of Duane Morrisenjoyed the fusion of art and nature.

Dumont Bergman Bider celebrated the firm’s70th anniversary with an elegant reception in theOval Room of the Fairmont hotel.

Heenan Blaikie hosted a classy cocktailreception in the Quincy suite of the HyattRegency.

Attendees of the Miller Thomson reception,12

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This year the IP Motorcycle Club rented bikes inMeredith, New Hampshire and rode through theWhite Mountains taking a route that includedthe spectacular Kancamagus Highway, CrawfordNotch and Franconia Notch. The group is plan-ning rides at the INTA Leadership Meetings inPhoenix this fall and at San Francisco nextSpring and welcomes new members.

Community trade mark,and says that the pro-posals should define theframework for coopera-tion between OHIM andthe National Offices.

In particular, it saysthat the Commissionshould propose a legalbasis for distributingan amount equivalentto 50% of OHIM’srenewal fees to thenational offices “inaccordance with fair, equitable and rele-vant distribution criteria.” It goes on tosay that this should be defined in a waywhich would guarantee a minimumamount for each member state and thatthese funds should be used by nationaloffices for purposes “closely related tothe protection, promotion and/orenforcement of trade marks, includingcombating counterfeiting.”

The nature of the relationship betweenOHIM and the national offices hasproved controversial in recent years.Some member states believe that the pop-ularity of the Community trade mark hasreduced demand for national marks, tothe detriment of their own trademarkoffices.

Earlier this month, trademark users’associations, including INTA, expressed“deep concern” about the Council’s draft

conclusions, which theysaid threatened toundermine the studybeing undertaken by theMax Planck Institute(MPI) in Munich, whichis due to report beforethe end of this year.

In their paper, thetrade mark users’ associ-ations expressed partic-ular concern about theproposal to give OHIMa role in enforcementand the distribution of

50% of renewal fees to national offices.On the fee distribution, they said that

they oppose fee diversion and that OHIMand national offices should be self-financ-ing. They added: “We believe that thediversion of OHIM renewal fees, which arecurrently too high, would amount to a per-manent subsidy that will make it difficultfor national offices to remain responsive tomarket requirements and users’ needs.”

Yesterday, INTA President ElectGerhard Bauer said: “We take note of theCouncil conclusions and while we main-tain our views and concerns we look for-ward to continuing to actively contributeto the overall review of the Europeantrademark systems and working with allrelevant stakeholders. INTA is confidentthat the review will take into account allrelevant factors and be to the benefit oftrademark owners and the public.” ■

PARTY PHOTOS

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Wubbo de Boer

CORRECTIONContrary to what was stated in yesterday’s edition, Safenames is offering the chance to win a KINDLE ebook reader at its stand in the Exhibit Hall.

held at the Museum of Fine Arts, enjoyed their cock-tails surrounded by the works of masters such asTitian and Poussin.

Guests at Smart & Biggar’’ss dessert reception atthe Moakley Courthouse enjoyed cocktails harbor-side amid Boston’s night skyline.

The Australian outback was brought to Bostonat the Spruson & Ferguson reception, whichincluded a didgeridoo player and Aussie food anddrink.

Soei’s Japanese evening in the Westin BostonWaterfront featured kimonos, dancers in traditionalcostume and the ceremonial opening of a sakebarrel.

The Westin Boston Waterfront hosted SoerensenGarcia’s guests, who enjoyed Latin American food,beverages and music.

Guests sampled Chinese food at Unitalen’sreception at the Harbor Ballroom in the WestinBoston Waterfront.

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TODAY’S SCHEDULE: WEDNESDAY, MAY 26, 2010All Events take place at the Boston Convention & Exhibition Center (BCEC) unless otherwise indicated.

7:30 am – 2:00 pm REGISTRATION East Registration7:30 am – 2:00 pm HOSPITALITY Hall B18:00 am – 10:00 am BREAKFAST TABLE TOPICS 254AB8:00 am – 10:00 am COMMITTEE MEETINGS

Academic Committee 152Law Firm Committee 153APolicy Development & Advocacy Group Executive Council 151A

8:30 am – 10:00 am Publishing Group Council 151B9:00 am – 2:00 pm EXHIBITION HALL Hall B110:00 am – 2:00 pm TOUR BOOTH East Registration10:15 am – 11:30 am CONCURRENT SESSIONS

CW01 Annual Review of U.S. Federal Case Law and TTAB Developments 210ABCCW02 USPTO Practice for Non-U.S. Attorneys 204ABCW03 Regional Update: Africa Crammer—Ex Africa semper aliquid novi 206AB

11:45am – 1:00 pm CONCURRENT SESSIONSCW20 Treatment of Trademark Use in Different Jurisdictions 210 ABCCW21 U.S. Government Resources for Protecting and Enforcing IP Abroad 204ABCW22 OHIM Case Law Update 205ABCCW23 The International Perspective on Transitioning from In-House to a Law Firm and Vice Versa 206ABIW20 Travel Industry Breakout: Going Places 203

1:15 pm – 3:15 pm LUNCHEON TABLE TOPICS 254AB7:00 pm – 11:00 pm GRAND FINALE: “Energy in Motion” Museum of Science

See shuttle schedule below.

See you at the 133rd Annual Meeting inSan Francisco, May 14-18, 2011!

Quiz answers:The answers to the quiz questions are:

1. The INTA Annual Meeting was last held

in Boston in 1998.

2. The tallest building in Boston is the

John Hancock Tower (or Hancock Place)

at 790 feet.

3. Ted Danson played the part of bartender

Sam Malone in Cheers.

The winners of an INTA publication of their choiceare: David H. Bernstein, Georg Pintz and MoniqueHeyninck

Grand Finale Shuttles Shuttles run 6:30 p.m. - 11:00 p.m. from select hotels.

Route Hotel Boarding Location

Sheraton Hotel Dalton Street Entrance

Hilton Back Bay Walk to Sheraton Hotel

Westin Copley Front Entrance

Fairmont Copley Walk to Westin Copley

Marriott Copley Huntington Street Entrance

Park Plaza Hotel Columbus Ave. Entrance

Omni Parker House Tremont St @ Sovereign

Bank

Hyatt Regency Avenue DeLafayette

InterContinental Atlantic Avenue

Seaport Hotel Seaport Lane

Westin Waterfront East Drive

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