By: Daniel H. Bliss Suppose you have filed a trademark application to register a trademark that identifies a source of goods/services for your business. During examination of the trademark application, the United States Patent and Trademark Office initially refused registration because of an alleged likelihood of confusion with a registered mark. What are the DuPont … 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
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 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 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 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 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
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
By Marie Lussier In January 2025, the Registrar of Trademarks launched a pilot project in which it sends notices to certain registrants asking them to show use of their registered mark, failing which their registration is to be cancelled. These notices are subject to the same modalities as those issued at the request of a … 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
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
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
