Creative Expression, Feuds, & Cross Words Across Borders By James P. Flynn, Epstein Becker Green The legal intersection of music, poetry, and defamation presents a fascinating landscape where creativity collides with reputational interests. The recent decision in Graham v. UMG Recordings, Inc.—filed by Canadian rapper Aubrey “Drake” Graham over the diss track Not Like Us … Continue Reading
David Cinque, Special Counsel – Kalus Kenny Intelex, Melbourne, Australia Jessica Bell, Associate – Kalus Kenny Intelex, Melbourne, Australia When it comes to trade mark protection and registrability, being a reputable market-leading brand is not enough to guarantee either the registration of a mark, or a successful opposition to the registration of a competing mark. … Continue Reading
For many lawyers practicing outside the United States, intellectual property protection and risk are most often associated with patents, trademarks and copyrights. Trade secrets are frequently treated as the forgotten stepchild—associated with employment law and contracts rather than as an independent body of law. But since the passage of the Federal Defend Trade Secrets Act … Continue Reading
After more than a hundred years of settled U.S. trademark policy, an interesting problem has developed for the United States Patent and Trademark Office (USPTO). How to square the U.S. Supreme Court’s recent decisions striking down parts of the federal Lanham Act with the USPTO’s historical rejection of immoral, scandalous, or disparaging trademarks? Whether by … Continue Reading
By Dan H. Bliss Suppose you want to register a trademark that identifies a source of goods/services for your business. What if the trademark on the specimen of use has punctuation that is different from the drawing of the trademark in the trademark application? Does the punctuation in the trademark specimen of use have to … Continue Reading
Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87 Jessica Bell, Associate – Kalus Kenny Intelex, Melbourne, Australia. The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global opponent, Fanatics, LLC in a case about when the line between trade mark co-existence and … Continue Reading
Authors: James Johnston, Samantha G. Rothaus, Jordan M. Thompson and Howard R. Weingrad. SAG-AFTRA and the Joint Policy Committee (JPC) have reached agreement on a new Commercials Contract, which is now officially in effect. Notably, the deal was reached without a strike — a rare outcome in recent entertainment-related collective bargaining where disputes, particularly over … Continue Reading
By Marie Lussier of Fogler, Rubinoff LLP and Celia Ohayon Since the start of the year, Canadian consumers and businesses have rallied behind the “Elbows Up!” movement and are looking to “buy Canadian”. Homegrown goods are in high demand, and origin claims like “Made in Canada” and “Product of Canada” are getting more attention than ever. These claims, however, … Continue Reading
By Dan Bliss of Howard & Howard Suppose that you want to register your trademark that is in a non-English language on goods or services for your business in the United States. Will your non-English language trademark need to be translated to English to determine its registrability? If so, can your English translation trademark be … Continue Reading
Authors: Allison Fitzpatrick, Paavana Kumar, Jordan Thompson and Amy Marcus. Class actions targeting prominent brands using influencers to advertise their products on social media are on the rise, accusing brands and their influencers of failing to properly disclose paid endorsements. A series of recent cases targeting brands and their influencers rely on a similar set … Continue Reading
By Gaurav Bhalla of Ahlawat & Associates The Bombay High Court recently affirmed the order of the Registrar of Trade Marks whereby TikTok’s application for declaration of its mark as well-known in India was disallowed. Interestingly, this decision (by the Bombay High Court) was not on merits but rather had a heavy influence of sovereignty … Continue Reading
Jessica Bell – Lawyer, Kalus Kenny Intelex, Melbourne Australia David Cinque – Special Counsel, Kalus Kenny Intelex The Australian Trade Marks Office has permitted the registration of the trade mark UBER TUTORS after finding that transport and delivery giant, Uber Technologies Inc (Uber Tech) failed to oppose the mark’s registration under the Trade Marks Act … Continue Reading
By James P. Flynn, Epstein Becker Green In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon. “The fact that Birkenstocks are so uncool makes them cool.” The unstylish stereotype tied to Birkenstocks, said Mr. Coats, has … Continue Reading
Jessica Bell, Kalus Kenny Intelex, Melbourne Australia A recent trade mark stoush in the eyelash extension market highlights the importance of registering trade marks in all states of Australia, and ensuring that trade marks that intend to be used are registered as soon as possible. The Australian Trade Marks Office (ATMO) recently dismissed two related … Continue Reading
By Daniel H. Bliss Suppose you want to register a trademark that identifies a source of goods/services for your business. What if the trademark describes an ingredient, quality, feature, function, characteristic, or purpose of your goods/services? Can your trademark be too descriptive to obtain a registration from the U.S. Patent and Trademark Office? The answer … Continue Reading
By Daniel H. Bliss Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? Is … Continue Reading
Written by: Aaron Fishman, Andrew Jenkins, Sean Mellino Intellectual property (IP) is often misunderstood, leading to costly mistakes for businesses and individuals alike. Many assume that once they create something, they automatically own the rights everywhere, or that patents and trademarks offer blanket protection. In reality, IP is a complex legal landscape governed by factors … Continue Reading
Authors: Samantha Rothaus, Howard Weingrad and Jordan Thompson The power and application of AI is growing exponentially. As is often the case with the introduction of revolutionary technologies, legislation at both the federal and state level has been slow to catch up. On a daily basis, industries are grappling with how to adapt, and how … Continue Reading
By Elena Nikolarea, Associate at A. & K. METAXOPOULOS AND PARTNERS LAW FIRM It has become quite common for advertisers of different kinds of products or services, both in Greece and abroad, to intend to use photos and/or videos of Greek archaeological monuments (such as the Acropolis etc.) for their promotional campaigns. In this regard, … Continue Reading
In a recent Federal Court decision, Justice Michael Wheelahan has dismissed claims against Cantarella Bros Pty Ltd (Cantarella Bros) by international coffee giant, Koninklijke Douwe Egberts BV (KDE), that its Vittoria glass coffee packaging was too similar to the famous Moccona coffee jar.… Continue Reading
In her recent decision in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138 (Caporaso v Mercato), the Honourable Justice Charlesworth of the Federal Court of Australia has demonstrated how Australian courts approach the use of non-English words as trade marks in Australia.… Continue Reading
In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in this country and should guide the conduct of parties that engage in this form of commercial activity. Energizer sued … Continue Reading
Google AdWords have long been used by businesses to ensure that their business listings feature on top of the Google search results when the users search for particular terms (which have been bought by a business from Google). While this process may sound perfectly fine when the ad words pertain to one’s trademarks or generic … Continue Reading
Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2024] EWCA Civ 29 (26 January 2024) When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the orthodox approach of the diligent IP practitioner might be to set the two marks out next to one another, … Continue Reading
