The protection of copyright from infringements taking place via the Internet has been in Greece until today extremely inefficient and time-consuming. Legal experts and copyright holders hope that this situation will alter soon. On July 2017, a new Copyright Law 4481/2017 was adopted amending the existing Copyright Law 2121/1993. The new Law provides dispositions aiming … Continue Reading
In a suit alleging trademark infringement and unfair competition, the Korean Patent Court concluded that the use of the mark “” in connection with “unmanned lodging services” used for so-called love motels with an image of a naked woman, did not infringe Outback Steakhouse’s trademark. But it did constitute unfair competition because that use harmed … Continue Reading
On September 27, 2017, the Moscow Region Commercial Court published a significant decision in a patent dispute between Novartis AG, Swiss originator, and Nativa LLC, Russian generic producer (case No. A41-85807/2016). Under the auspices of the case, Novartis AG filed a patent infringement lawsuit against Nativa LLC claiming that its active patent on «Tyrosine kinase … Continue Reading
Recent years have witnessed a surge in the United States in the appreciation for fine food and those who create it. Indeed, the concept of the “celebrity chef” has taken such hold in the United States that there are entire television networks and countless magazines (on-line and in print) to cooking, recipes, chefs and the … Continue Reading
On July 11, 2017 the Civil Disputes Judicial Board of Russian Supreme Court published a long-awaited Ruling in case No. 53-KG17-12. Under the merits of the case, in 2016 the charity fund for helping children with oncohematological and other serious diseases “Podari Jizn” (CF “Podari Jizn”) filed a lawsuit against a copycat, non-profit charity fund «Podari … Continue Reading
Readers of this blog may well be familiar with the regional exhaustion rule which applies to IP rights in the EU, including (for the time being) the UK. Under this rule, IP rights can be exhausted where they are put on the market with the consent of the proprietor in one part of the EU, … Continue Reading
When one thinks about lawyers and Shakespeare, many recall the oft-quoted and misunderstood statement “the first thing we do, let’s kill all the lawyers.” ‘Henry VI,” Part II, Act IV, Scene II, Line 73. But my favorite, as a better reflection of the best of our lot, is: Sir, I shall not be slack; in … Continue Reading
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark may be scandalous or disparage a particular group of people? Should you register your trademark with the U.S. Patent and Trademark Office? Can you obtain a registration from the U.S. Patent and … Continue Reading
It is well known that the trademark laws of the United States differ substantially from the trademark laws of countries around the world. The United States Supreme Court recently clarified that ‘offensive’ trademarks are registrable, further differentiating the United States from the majority the world. Morality Refusals Many jurisdictions have prohibitions against registration of marks … Continue Reading
Although U.S. common law trademark rights are gained through use of the mark in commerce (without registration), registration of a trademark with the U.S. Patent and Trademark Office (“USPTO”) provides the owner with additional rights and benefits. These include nationwide enforcement of the mark against infringers; constructive notice of the registrant’s claim of ownership of … Continue Reading
There is a popular television show in the United States called American Pickers, which follow the adventures of antique and collectible “pickers” Mike Wolfe and Frank Fritz. Wolfe and Fritz travel around in a van with the logo Antique Archeology to buy, or “pick,” various items for resale, for clients, or for their own personal … Continue Reading
BOTTOM LINE Website operators and other online service providers must re-register their DMCA designated agents using the Copyright Office’s new online filing system by December 31, 2017 to avoid losing DMCA safe harbor protection. The Copyright Office recently implemented new regulations governing how websites and other online service providers must register a designated agent for … Continue Reading
On December 6, the Supreme Court reversed Apple’s $399 million patent infringement verdict against Samsung. The decision – the first from the Supreme Court to interpret design patent damages since 1886 – arguably raises more questions than it answers. In a series of widely-publicized cases around the globe, Apple and Samsung have been battling over … Continue Reading
When we last left the Trademark Trial and Appeal Board (“TTAB,” an administrative arm of the U.S. Patent and Trademark Office), they had issued a precedential opinion that registrations could not be issued for marks that covered the sale and use of marijuana products or paraphernalia primarily intended or designed for use in ingesting or … Continue Reading
Two words, uttered in a certain tone and with a certain speed, are apt to suggest a bit of wastefulness, a touch of anarchy, and yet a sense of communal participation. Those two words, from Faber College of lore to present discussions of law: Food Fight!!!!!. And, we see the long smoldering discussions of geographical … Continue Reading
The Danish court has recently decided that a party may be too large to be considered private, at least when it comes to the understanding of the wording “Public performance” in Danish copyright law. The court therefore ruled that the staff party held by Novo Nordisk should be considered as public in connection to the … Continue Reading
The Canadian Intellectual Property Office (CIPO) has published a Fee-for-service proposal (the Proposal), seeking public input by July 5, 2016. The Canadian government significantly amended the Trade-marks Act (the Act) in 2014, in order for Canada to accede to the Singapore Treaty, the Nice Agreement and the Madrid Protocol. Those amendments have not yet come into force, however, pending the adoption of new Regulations on … Continue Reading
At the start of 2016 we highlighted the impending changes to IP law in the European Union (EU) and what to expect over the coming months when the new legislation is introduced. This article focuses on two of the amendments governing the use of a European Union trade mark (EUTM) and how the new laws … Continue Reading
Many states recognize a “right of publicity,” which prohibits the commercial use of an individual’s name, likeness, or identity without consent. When aspects of a well-known person’s identity are incorporated into an expressive work, however, what emerges is a tension between the individual’s right of publicity and the artist’s freedom of expression as protected by … Continue Reading
In a recent decision of the Federal Court of Appeal (“FCA”), the FCA took the rare opportunity to consider an appeal from a section 45 expungement proceeding. In One Group LLC v Gouverneur Inc, the FCA reviewed the Registrar’s decision not to expunge One Group LLC’s (“One Group”) trade-mark registration for STK (the “Mark”) on … Continue Reading
With the ever-expanding role of social media and the Internet, negative reviews can spread virtually unchecked. Although some negative reviews are limited to statements of opinion that, generally, are legally protected, companies and individuals increasingly are subject to attacks that include false statements constituting online defamation. The legal avenues for addressing defamatory comments and obtaining … Continue Reading
Fair use allows for the unauthorized copying of a copyrighted work in limited circumstances. Historically, examples of fair use have included copying for the purposes of criticism, comment, parody, news reporting, teaching, scholarship, or research. Now the application of the fair use defense applies far beyond this. Two court decisions in 2015 illustrate the expanding … Continue Reading
The Trademark Trial and Appeal Board (the “Board”) of the U.S. Patent and Trademark Office hears applicant appeals from the final decisions of trademark examiners, and oppositions to trademark applications, concurrent use proceedings, and cancellation proceedings against trademark registrations. The proceedings are held on a paper record with oral arguments by counsel. Matters before the … Continue Reading
Suppose that you have a unique design for your product but no patent protection in the United States? Can you protect your product design to prevent a competitor from producing the same or similar design? Is there anything you can do? Let’s say you created a unique design for a product such as a smart … Continue Reading