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
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
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 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
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 Marie Lussier of Fogler Rubinoff LLP In July 2024, I discussed proposed changes to trademark proceedings in Canada. Following a public consultation period, revised Regulations came into force on April 1, 2024 that incorporate those proposed changes. The changes aim to improve the efficiency of dispute resolution proceedings in Canada. Time will tell if … Continue Reading
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
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
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
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
A recent decision of the Federal Court, Trial Division in Little Brown Box Pizza, LLC v. DJB (2024 FC 1592) provides guidance on the question of special circumstances that can excuse an absence of trademark use in Section 45/summary cancellation proceedings. The Court’s analysis and findings should be particularly useful to U.S./non-Canadian brand owners looking … Continue Reading
Defamation cases are hard ones in the real world. Recent US matters involving Dominion Voting, Sara Palin, and even Cheetos show that these cases continue to interest the general public as well as legal cognoscenti. Resolving these lawsuits is dependent on understanding concepts of truth, accuracy, fact, opinion, and all manner of issues that define … Continue Reading
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
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
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
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
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
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
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
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
Suppose you have a pending U.S. trademark application for your trademark on goods or services for your business and a term or wording in the trademark is descriptive of your goods or services. During the examination of your trademark application, the examining attorney refuses registration because the term is merely descriptive of your goods or services … Continue Reading
“[T]he comma…this capricious bit of punctuation…” United States v. Ron Pair Enterprises, Inc., 489 US 235, 249 (1989) (O’Connor, J, dissenting) For want of a comma, we have this case.” O’Connor et al. v. Oakhurst Dairy et al.,851 F.3d 69, 70 (1st Cir. 2017) “But, when pressed, I do find I have strong views about … Continue Reading
