Jessica Bell, Kalus Kenny Intelex, Melbourne, Australia On 15 July 2026, the Australian Government announced a new policy direction for the governance of artificial intelligence (AI). The proposed framework includes mandatory national standards for AI, regulation of data centres, and the immediate establishment of an Office of AI to design and implement these governance mechanisms. … Continue Reading
Jessica Bell, Kalus Kenny Intelex, Melbourne, Australia From fresh market insights to proposed regulatory reform and a new AI tool, IP Australia is signalling an important period of change for intellectual property (IP) in Australia. IP Australia has recently released its Australian IP Report 2026, which provides valuable insight into current trends and developments in … Continue Reading
The Theory of Dilution Crosses the Pond By Gregory J. Krabacher, Epstein Becker Green. The origin story for the cause of action of “dilution” in the United States begins with Frank Schechter’s 1927 Harvard Law Review article, Rational Basis of Trademark Protection. [i] Indeed the U.S. Supreme Court credits Mr. Schechter’s work as the “seminal … Continue Reading
Taylor v Killer Queen LLC [2026] HCA 5 Jessica Bell – Kalus Kenny Intelex, Melbourne, Australia The lengthy trade mark dispute between Australian fashion designer, Katie Perry (now Katie Taylor), and international pop sensation Katheryn Hudson, better known under the stage name Katy Perry (Ms Hudson), has hit a new note: on 11 March 2026, … Continue Reading
By Stavros Varveris, Trainee Lawyer at A. & K. METAXOPOULOS AND PARTNERS LAW FIRM Law No. 5271/2026 introduces a new specialized legal framework combining administrative and criminal regulation for the prevention and repression of art forgery, the protection of the physical integrity of works of art and collectible items, and the establishment of certified expert … Continue Reading
Creative Expression, Feuds, & Cross Words Across Borders By James P. Flynn, Epstein Becker Green The legal intersection of music, poetry, and defamation presents a fascinating landscape where creativity collides with reputational interests. The recent decision in Graham v. UMG Recordings, Inc.—filed by Canadian rapper Aubrey “Drake” Graham over the diss track Not Like Us … Continue Reading
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
Missed Anthropic Perspectives & Mixed AI Meta-Phors Cloud Copyright Law By James Flynn & Ariana Tagavi,* Epstein Becker Green The evolution of generative artificial intelligence has prompted courts in two highly-publicized recent federal district court decisions to apply copyright law’s doctrine of fair use to the “training” and output of generative AI systems. We will … 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
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
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 Daniel H. Bliss 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 genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? Is … 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 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
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
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
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
