Morgan Lewis on Intellectual Property and Technology
November/December 2003

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In this Issue:

• I Know What You Madrid Last Summer:
  The Madrid Protocol took effect in the United States on November 2, 2003. As reported in the May 2003 and December 2002 editions of Morgan Lewis on Intellectual Property and Technology, the Madrid Protocol is a system for filing international trademark applications, and its arrival brings some significant changes in U.S. trademark prosecution practice (whether one uses the Madrid Protocol or not).
• Diebold Abstains From e-Vote Copyright Claims:
  Diebold Inc. ("Diebold"), one of the nation's largest electronic voting companies, said recently that it would not pursue copyright infringement lawsuits against various voting rights advocates, college students, and Internet Service Providers ("ISP's") that had either posted or hosted links to Diebold's corporate documents that had been taken without its authorization. These documents allegedly divulged flaws in the company's electronic voting machines and breaches of security requirements.
• Once in a Blue Moon: Beer and Restaurant Services Held Unrelated:
  The U.S. Court of Appeals for the Federal Circuit recently rejected the Trademark Trial and Appeals Board's ("TTAB's") decision upholding the United States Patent and Trademark Office's ("USPTO's") refusal to register Coors Brewing Company's trademark Blue Moon and Design for use in connection with beer.

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