Category: Regions

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THAT’S NOT TRUE: Thoughts, Novel or Not, On Truth, Context, & Defamation

By James P. Flynn of Epstein Becker Green on Posted in Case Studies, Protection & Enforcement, United States
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

PERSONALITY RIGHTS – THE POWER OF INFLUENCE, ITS MISUSE AND PROTECTION

By Abhijeet Das of LexCounsel Law Offices and Pragya Jain of LexCounsel Law Offices on Posted in Asia Pacific, Copyright, Privacy Compliance, Trademarks
INTRODUCTION Publicity rights play an important role in India based on the culture of celebrity worship and the importance of the name, image, and likeness of sports, television and media personalities, political figures, musicians, etc. Indian intellectual property laws do not directly or explicitly recognize personality rights, but several regulations and provisions address the same. … Continue Reading

Can Design Patents Be Invalidated?

By Daniel H. Bliss of Howard & Howard on 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 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

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 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

Case Law Update: The Australian Federal Court’s approach to non-English word trade marks

By Denise Wightman of Kalus Kenny Intelex and Jessica Bell of Kalus Kenny Intelex on Posted in Australia, Branding, Case Studies, Protection & Enforcement, Trademarks
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

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

By Daniel H. Bliss of Howard & Howard on 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 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 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 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 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 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 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 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

New Guidance on the Subject of Comparative Advertising and Dilution of Goodwill

By Marie Lussier of Fogler Rubinoff LLP on Posted in Advertising & Marketing, Branding, Canada, Case Studies, Famous Marks, Protection & Enforcement, Trademarks
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

Should Disclaimers Always Be Made in U.S. Trademark Applications?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Protection & Enforcement, Trademarks, United States
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

Comma, Comma, Comma, Comma, Comma Chameleon: How Punctuation Can Color IP & Other Legal Rights

By James P. Flynn of Epstein Becker Green on Posted in Case Studies, Copyright, Famous Marks, Legislation, Patents, Protection & Enforcement, Trademarks, United States
“[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

Usage of ad words by a competitor does not amount to trademark infringement

By Gaurav Bhalla of Ahlawat & Associates on Posted in Advertising & Marketing, Asia Pacific, Branding, Case Studies, Famous Marks, Online Content, Protection & Enforcement, Trademarks
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

Australian Intellectual Property Reforms Ahead

By Denise Wightman of Kalus Kenny Intelex and Jessica Bell of Kalus Kenny Intelex on Posted in Australia, Legislation, Trademarks
2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment (Regulator Performance) Act 2023. Adoption of the Madrid Goods and Services List In January 2024 IP Australia announced that … Continue Reading

UK appeal court: beware of the “side-by-side” trade mark comparison

By Ben Milloy of Fladgate LLP on Posted in Branding, Case Studies, Famous Marks, Protection & Enforcement, Trademarks, United Kingdom
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

THE COLOMBIAN COPYRIGHT AGENCY ANALYSES AI-CREATED WORKS AND PROVIDES AN INITIAL APPROACH TO THE PROTECTION UNDER COPYRIGHT LAWS

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Case Studies, Copyright, South America
The protection of works created from the human intellect, under the legislations that have adopted a droit d’auter system, is centered on the relationship existing between the individual who created the work, and the piece that constitutes the protected work. Therefore, the legal regulations which govern the prerogatives that the creator has concerning the protected … Continue Reading

Can U.S. Trademark Registrations Be Strengthened Against Invalidation?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Trademarks, United States
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 it being invalid? Can you file anything to strengthen your trademark registration against invalidation? The answer is YES! if the trademark … Continue Reading

Trademark Considerations for Copyrighted Works in the Public Domain

By Joy J. Wildes of Davis+Gilbert LLP and Claudia G. Cohen of Davis+Gilbert LLP on Posted in Case Studies, Copyright, Protection & Enforcement, United States
In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. This means that the owner has the exclusive right to reproduce, adapt, publish, perform, and display the work. Because copyright protection has a … Continue Reading
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