Category: Legislation

Navigating the New Frontier: The Rise of U.S. Trade Secret Litigation in a Globalized Economy

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

Searching for Civility in U.S. Trademarks

By Gregory (Greg) J. Krabacher on September 24, 2025 Posted in Branding, Copyright, Legislation, Trademarks, United States

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

Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked

By Jessica Bell of Kalus Kenny Intelex on August 13, 2025 Posted in Australia, Branding, Copyright, Legislation, Privacy Compliance, Protection & Enforcement, Trademarks

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

New SAG-AFTRA Commercials Contract Is Now in Effect

By Samantha G. Rothaus of Davis+Gilbert LLP, Jordan Thompson of Davis+Gilbert LLP, Howard Weingrad of Davis+Gilbert LLP and James L. Johnston of Davis+Gilbert LLP on July 16, 2025 Posted in Advertising & Marketing, Artificial Intelligence, Branding, Counterfeit Goods, Legislation, Online Content, Privacy Compliance, United States

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

Major setback for Tiktok’s trademark rights in India

By Gaurav Bhalla of Ahlawat & Associates on June 18, 2025 Posted in Advertising & Marketing, Asia Pacific, Branding, Case Studies, Copyright, Legislation, Online Content, Trademarks

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

Law 5103/2024: The New Legislative Framework – Provisions for the promotion of Greek-Language Music

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm and A. & K. METAXOPOULOS AND PARTNERS LAW FIRM on May 28, 2025 Posted in Europe, Legislation, Protection & Enforcement

By A. & K. METAXOPOULOS AND PARTNERS LAW FIRM On 18/04/2024 the Greek Parliament has enacted Law No. 5103/2024 dealing with the protection and promotion of Greek-language songs as an element of cultural identity. The new law introduces provisions in the form of, on the one hand, guidelines and, on the other hand, obligations for … Continue Reading

Can Trademarks Be Too Descriptive for Registration?

By Daniel H. Bliss of Howard & Howard on April 17, 2025 Posted in Branding, Copyright, Legislation, Patents, Protection & Enforcement, Trademarks

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

Charting a Course on AI Policy: the U.S. Copyright Office Speaks!

By Gregory (Greg) J. Krabacher on April 2, 2025 Posted in Artificial Intelligence, Copyright, Legislation, Privacy Compliance, Protection & Enforcement, Trademarks, United States

By Gregory J. Krabacher, Epstein Becker Green Recently, the U.S. Copyright Office published the second of an intended three-part report entitled “Copyright and Artificial Intelligence.” Here are those three parts: Collectively, this report – I’ll refer to it here as the “AI Report” – is intended to provide the Copyright Office’s perspective on fundamental questions … Continue Reading

Can U.S. Trademark Registrations Be Cancelled for Genericness?

By Daniel H. Bliss of Howard & Howard on March 19, 2025 Posted in Branding, Copyright, Legislation, Patents, Protection & Enforcement, Trademarks

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

Katy v Katie: The importance of reputation and early brand protection

By Jessica Bell of Kalus Kenny Intelex on February 13, 2025 Posted in Australia, Legislation, Trademarks, United States

By Jessica Bell, Lawyer – Kalus Kenny Intelex, Melbourne, Australia Pop star Katy Perry has successfully appealed a Federal Court ruling over the use of an Australian designer’s trade mark registration for the words KATIE PERRY. The recent decision by the Full Court of the Federal Court unanimously overturned Justice Brigitte Markovic’s findings in Taylor … Continue Reading

New Year’s Resolutions?: Intellectual Property Questions That May–Or May Not–Get Decided In 2025

By James P. Flynn of Epstein Becker Green on January 8, 2025 Posted in Artificial Intelligence, Copyright, Legislation, Online Content, Protection & Enforcement, United States

As we head into a new year after a US election year, we are sure to see two things in the media, all kinds of articles on New Year’s Resolutions and all kinds of articles on what we can anticipate occurring in the inaugural year of the new administration. So I thought that I would … Continue Reading

Greek influencers caught on regulator’s radar

By Asterios Syssilas of Α&Κ Metaxopoulos Law Firm on November 13, 2024 Posted in Advertising & Marketing, Europe, Legislation, Online Content

The Greek Ministry of Development and Investments, which is the government authority monitoring the advertising activities and enforcing consumer protection laws, participated in the pan-European initiative for screening influencers carrying out advertising activity on social media platforms (“EU sweep on influencers”). The goals of the sweep have been on the one hand to identify influencers … Continue Reading

Can Design Patents Be Invalidated?

By Daniel H. Bliss of Howard & Howard on October 9, 2024 Posted in Legislation, Patent Infringement, Patents, United States

Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior art search and find some references related to the design. Can you invalidate the design patent through … Continue Reading

New Greek law (5103/2024) for the protection and enhancement of Greek music

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm on September 26, 2024 Posted in Copyright, Europe, Legislation, Protection & Enforcement

On 17/04/2024 the Greek Parliament enacted Law No. 5103/2024 dealing with, among other issues, the “protection” and “enhancement” of Greek Music. The Law introduces a minimum threshold of 40% Greek music (as defined in the Law) that is performed in public in various places such as casinos, malls, etc. It has both been praised as … Continue Reading

Technovations & Labor Practices: Little Known IP Law For Developing Countries

By Dr. Cathy Mputhia of C Mputhia Advocates on September 19, 2024 Posted in Foreign Protection, Legislation, Patents, Protection & Enforcement, Uncategorized

Some years back, a young Kenyan graduate, working as an intern for a public state corporation, developed an innovative solution that earned his employer a global innovation award. However, his application for intellectual property rights was ignored by his employer, who continued to bask in the fame and glory of the global award. Was the … Continue Reading

One Sheet To Rap Sheet: Evaluating Proposed Federal Rule For Using Lyrics & Creative Writing To Prove Crimes

By James P. Flynn of Epstein Becker Green on August 28, 2024 Posted in Legislation, Protection & Enforcement, United States

In a list of Music Industry Terms Every Artist Should Know, “One Sheet” is defined as a “single-page document that highlights an artist’s new music and summarizes their bio, stats, and achievements. It’s given to media, promoters, or anyone else who can further the artist’s career in some way — for example, by hiring them … Continue Reading

Can a Slide Show Be Considered a Printed Publication to Prevent Patentability?

By Daniel H. Bliss of Howard & Howard on July 25, 2024 Posted in Case Studies, Legislation, Patent Infringement, Patents, Privacy Compliance, Protection & Enforcement, United States

Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there protective measures that can be taken to prevent the slide show from being considered a printed publication? … Continue Reading

Proposed Changes to Canadian Trademark Regulations: Enhancing Efficiency and Addressing Official Marks

By Marie Lussier of Fogler Rubinoff LLP on July 17, 2024 Posted in Canada, Legislation, Trademarks

As discussed in my short article of July 10, 2024, important changes to the Canadian Trademark Regulations have been proposed. The changes have not yet come into effect and are still subject to change. The consultation period closed on July 8, 2024. In future articles, I will discuss comments that are being debated and next … Continue Reading

Important Amendments to Canadian Trademark Regulations

By Marie Lussier of Fogler Rubinoff LLP on July 10, 2024 Posted in Canada, Legislation, Protection & Enforcement, Trademarks

On June 8, 2024, proposed amendments to Canada’s Trademarks Regulations were published in the Canada Gazette. The public consultation period is open until July 8, 2024, and comments will be posted on the Canada Gazette website following the end of the consultation period. A coming-into-force date has not yet been set but the Canadian Intellectual … Continue Reading

Cinema and copyright: limitations of transfer agreements and exploitation licences

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm on June 26, 2024 Posted in Case Studies, Copyright, Europe, Legislation

Facts The first plaintiff, a company, was established in 1989. Its sole partners were: Each partner had a 25% stake in the company. The company’s purpose was to exploit the film (R), the filming of which was completed in 1983. Based on the above agreements, the first plaintiff claimed to be the beneficiary of all … Continue Reading

Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent Act, & Nico Tanner

By James P. Flynn of Epstein Becker Green on June 19, 2024 Posted in Foreign Protection, Legislation, Patents, Protection & Enforcement, Trade Secrets, United States

The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making. As WIPO’s press release noted, “[n]egotiations for this Treaty began at WIPO in 2001, initiated in 1999 with a proposal by Colombia, where discussions were notable for … Continue Reading

The ownership debate: Intellectual property in AI. Who does it belong to?

By Jessica Bell of Kalus Kenny Intelex and Sven Burchartz of Kalus Kenny Intelex on May 29, 2024 Posted in Australia, Copyright, Legislation, Online Content, Patents

With the rise in the use of artificial intelligence (AI) in all forms, the question is becoming more present than ever – who owns the intellectual property in a work created with the use of AI? In Australia, there is currently no law specific to the ownership of intellectual property created in computer-generated works, whether … Continue Reading

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

By James P. Flynn of Epstein Becker Green on May 8, 2024 Posted in Copyright, Legislation, Privacy Compliance, Trade Secret Protection, Trademarks, United States

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those). One key to understanding the reference above is the mathematical logic symbol ├, which is known as the “’turnstile’…because of its resemblance to a … Continue Reading

U.S. House Unveils the Latest Attempt at a U.S. Privacy Law: The American Privacy Rights Act

By Gary A. Kibel of Davis+Gilbert LLP, Richard Eisert of Davis+Gilbert and Zachary Klein of Davis+Gilbert on May 1, 2024 Posted in Legislation, Privacy Compliance, United States

The United States is among the minority of large economies in the world without a comprehensive national privacy law. In the absence of such a law, numerous states are filling the void with a complex assortment of often inconsistent privacy laws. However, unexpected legislative developments in the U.S. House of Representatives will potentially resolve the … Continue Reading