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
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
“[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
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
The Quebec Charter of the French Language (the “Charter”) was adopted nearly 50 years ago to protect the status of the French language in the province of Quebec. It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and … Continue Reading
Introduction This case(1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops). The judgment also dealt with the presumption of management and protection representative authority for CMOs.… Continue Reading
The end of the calendar year is also, for legal purposes, the end of the corporate and accounting year, under Colombian Law. The beginning of a new corporate year, on January 1, triggers, for corporate entities and branches of foreign companies, the need to carry out several duties, both in the form of legal obligations … Continue Reading
Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of technical means – Implications on Greek case law and practice in relation to use of in-store/background music in business premises.… Continue Reading
Introduction In this case before the Multi-member Court of First Instance of Thessaloniki, the plaintiff requested judicial protection of his recipes (i.e., dishes and seasonings) as works of IP. (1) He made this request on grounds including trademark law and unfair competition law. However, the Court rejected the action as:… Continue Reading
Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger, or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules, US copyright law is currently going a little “bananas.” From ongoing debates about the human element (or requirement) of authorship to debates over what … Continue Reading
“Yes, the law is about words…,” says Ben Chiriboga in writing about the essential skills that lawyers must have. And Ken White noted more recently that “the entire project of the law is about words meaning specific things.” But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that … Continue Reading
Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant … Continue Reading
With the introduction of several readily available applications, artificial intelligence (AI) has leaped into the mainstream and brought with it a host of legal questions. Following the release in November of the now popular generative AI platform ChatGPT by OpenAI, companies including Microsoft and Google are rushing to release their own generative AI services or … Continue Reading
Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT to his legal question “sounds like a pretty good lawyer 😉.” But others are wondering whether we … Continue Reading
Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. Not only that, but your creative team decides to go a step further and include your company logo in the middle of the QR code. You launch your … Continue Reading
Admittedly, the second word in that title is a mouthful—but Paraskavedekatriaphobia is a real word, with an etymology and definition. It even has a synonym, friggatriskaidekaphobia. Each means “fear of Friday the 13th.” Though I am tempted to write this October piece about Halloween (whether it is the day or the movies by that name, … Continue Reading
The title of this piece tracks a common “phrase of exasperation used to emphasize a question or statement.” If that be the case, and I think it is, then the subtitle implies the question this piece will address. That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent … Continue Reading
Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language. What if this language requires an algorithm to carry out the function and you fail to disclose the algorithm in your patent application? Can … Continue Reading
The British Columbia decision Equustek Solutions Inc. v Jack[1] highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In today’s environment, information can be downloaded, transferred or shared instantly. How can organizations best protect their intellectual property assets and confidential information to maintain their … Continue Reading
Suppose that you want to federally register a trademark that has a domain indicator like “.com” at the end that identifies a source of goods or services related to your business. The trademark may have a first part that is generic like “automobile” and a second part that is a domain indicator like “.com”. Should … Continue Reading
Social media continues to offer an invaluable platform for natural products brands to engage and expand their customer base. In these times, consumers are using social media more and more—particularly on their mobile devices—to stay informed, explore new products, and shop. This rapt audience allows brands to provide authentic and of-the-moment communications to their customers, … Continue Reading
A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son tossed a statement in my direction that was both compliment and challenge: “Isaac Newton developed calculus, among … Continue Reading
As a principle, Taiwan adopts a “first to file” trademark registration system. Under the system, fame and extensive use are not the requirements for registering a trademark. In addition, under Article 2 of the Trademark Act in Taiwan, the holder of a trademark cannot claim its right under the Act unless the trademark has been … Continue Reading
A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer – has this month produced a Court of Appeal decision centering on the parties’ own adjustment to reality. Apart … Continue Reading
