Tag: Legislation

The DuPont Factors for Trademark Registration

By Daniel H. Bliss of Howard & Howard on Posted in Copyright, Trademarks, United States
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

Navigating the New Frontier: The Rise of U.S. Trade Secret Litigation in a Globalized Economy 

By Steve Hanle of Stradling Law, Jason Anderson of Stradling Law and Ahmad Takouche of Stradling Law on Posted in Artificial Intelligence, Branding, Copyright, Legislation, Patents, Privacy Compliance, Protection & Enforcement, Trade Secret Protection, Trade Secrets, Trademarks, United States
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

Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked

By Jessica Bell of Kalus Kenny Intelex on Posted in Australia, Branding, Copyright, Legislation, Privacy Compliance, Protection & Enforcement, Trademarks
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

Major setback for Tiktok’s trademark rights in India

By Gaurav Bhalla of Ahlawat & Associates on Posted in Advertising & Marketing, Asia Pacific, Branding, Case Studies, Copyright, Legislation, Online Content, Trademarks
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

Law 5103/2024: The New Legislative Framework – Provisions for the promotion of Greek-Language Music

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm and A. & K. METAXOPOULOS AND PARTNERS LAW FIRM on Posted in Europe, Legislation, Protection & Enforcement
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

De-Cluttering in the New Year! Pilot Project in Canada to Cancel Trademark Registrations for Non-Use

By Marie Lussier of Fogler Rubinoff LLP on Posted in Canada, Copyright, Trademarks
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

Is There Liability for Removing or Altering Copyright Management Information from a Copyrighted Work?

By Daniel H. Bliss of Howard & Howard on Posted in Copyright
By Daniel H. Bliss Suppose you have uncovered a copyrighted work from another that contains copyright management information such as a copyright notice. However, you want to remove or alter this copyright management information. Should you remove or alter any copyright management information from the copyrighted work? The answer is NO because there is liability!… Continue Reading

New Year’s Resolutions?: Intellectual Property Questions That May–Or May Not–Get Decided In 2025

By James P. Flynn of Epstein Becker Green on Posted in Artificial Intelligence, Copyright, Legislation, Online Content, Protection & Enforcement, United States
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

Greek influencers caught on regulator’s radar

By Asterios Syssilas of Α&Κ Metaxopoulos Law Firm on Posted in Advertising & Marketing, Europe, Legislation, Online Content
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

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

Technovations & Labor Practices: Little Known IP Law For Developing Countries

By Dr. Cathy Mputhia of C Mputhia Advocates on Posted in Foreign Protection, Legislation, Patents, Protection & Enforcement, Uncategorized
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

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

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

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

India publishes draft amendments to Patent Rules for public comment

By Gaurav Bhalla of Ahlawat & Associates on Posted in Asia Pacific, Legislation, Patents
The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. The draft amendment rules can be accessed at – https://ipindia.gov.in/writereaddata/Portal/Images/pdf/248296.pdf.… Continue Reading
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