For this edition, we decided to make a compilation of answers to questions that we frequently receive from clients who intend to protect their trademarks in Colombia.
The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. The draft amendment rules can be accessed at – https://ipindia.gov.in/writereaddata/Portal/Images/pdf/248296.pdf.
Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of technical means – Implications on Greek case law and practice in relation to use of in-store/background music in business premises.
In this case before the Multi-member Court of First Instance of Thessaloniki, the plaintiff requested judicial protection of his recipes (i.e., dishes and seasonings) as works of IP. (1) He made this request on grounds including trademark law and unfair competition law. However, the Court rejected the action as:
- not legal, insofar as it concerned the protection of recipes as works of intellectual property; and
- unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law.
Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger, or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules, US copyright law is currently going a little “bananas.” From ongoing debates about the human element (or requirement) of authorship to debates over what constitutes a transformative work to the gauntlet laid down in footnote 2 of Justice Kagan’s dissent in the Supreme Court’s May 18, 2023 decision in Andy Warhol Foundation for Visual Arts, Inc., v. Goldsmith, some strong opinions, and even raw nerves, mark the discussion.
When litigating trademark infringement cases in Colombia, the issue arises as to how the plaintiff should provide valid evidence of the damages arising from the unauthorized use of a trademark, as well as to what admissible evidence may be used to prove the amount of the indemnification claimed in the proceeding.
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs? The answer is YES! if a petition is granted explaining why the color drawings or photographs are necessary for illustrating the claimed invention.
The Bottom Line
- The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody.
- While the decision leaves intact existing legal protections for the use of trademarks and trade dress in expressive works, it limits its applicability when the mark functions as a source identifier.
- Future cases addressing a parody or humorous use of another’s mark will likely see an increased focus on what constitutes a “source-identifying” use, and whether the use is likely to cause confusion among consumers.
There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. As regards legislation, there is no statute in India that expressly recognises the publicity or personality rights of individuals; therefore, the aspect of inheritance of publicity rights of a deceased person is still not entirely settled.
The Single-Member First-Instance Court of Athens recently dealt with three important legal issues:(1)
- the principle of exhaustion of rights;
- the amount and calculation of damages in copyright infringement cases; and
- moral damages suffered by legal entities or persons as a result of the infringement of software and other “products” that enjoy copyright protection according to Greek law.