Exclusive rights over a trademark in Colombia arise solely from registration. Therefore, the general rule is that a trademark registered or protected under the legislation of a different country may not be used as valid grounds for opposition against a trademark application in Colombia. However there are exceptions to this rule, namely, by filing an … 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
The High Court of Delhi recently adjudicated upon a case that involved an appeal from Armasuisse (a Federal Agency of the Swiss Federation) against orders of the Indian Trade Marks registry granting trademark registrations to a private Indian company for the marks SWISS MILITARY and in respect of class 25 goods. As a background, Respondent … Continue Reading
Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process or specific or personal jurisdiction in court proceedings in the U.S.? The answer is YES! as to service of process if … Continue Reading
Software patentability remains a tricky issue, raising questions about a computer program’s inventive step and technical characteristics. However, a deep dive into the applicable legislation provides much-needed clarity for rights holders in Greece.… 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
One of the ways that a “Geographical Indication”, or a “GI” can be protected in Australia is by registration of a ‘certification trade mark’. Certification trade marks are a specific type of trade mark registration designed to identify goods or services that meet certain standards or hold certain characteristics, including (but not limited to) goods … Continue Reading
New provisions in EU free trade agreements (FTAs) have broken new ground when it comes to IP protection. In the last few years, and especially since covid-19, the need for stronger IP provisions has become paramount. Α recent study conducted by the European Centre for International Political Economy (ECIPE) highlights the benefits of IP rights … Continue Reading
The American holiday of Thanksgiving is tradition-laden and is celebrated as much for the leftovers after that November Thursday as it is for the turkey on that day, at least according to the US Department of Agriculture. Indeed, Americans “idolize Thanksgiving left overs,” and the “[t]he overstuffing of America’s fridges has become something of a … Continue Reading
The Delhi High Court (‘Court’) in its judgment (dated October 28, 2022) in the case of Frankfinn Aviation Service Private Limited v. Tata SIA Airlines Limited, [CS(COMM) 54/2022 & I.A. 1795/2022, 3651-52/2022] recently deliberated whether the exclusive rights available to a trademark owner under the Indian Trade Marks Act, 1999 (‘Act’) would restrain a third-party … Continue Reading
Suppose that you want to register a trademark that incorporates a name of a person to identify the source of goods or services for your business. Should you register your trademark with the U.S. Patent and Trademark Office (USPTO)? What about the right of publicity of the individual? Can you obtain a registration from the … Continue Reading
Leo the Lion has been the most regular star of MGM Pictures since it was founded on this day in 1924, and his roar is probably the sound most commonly associated with the studio. –Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017) There’s no roar quite like a Nittany Lion’s! –Penn State Football … Continue Reading
In today’s age, the importance of brands (and in turn trademarks) cannot be undermined. It is through brands that businesses (be it domestic or international) are able to thrive and flourish in various highly competitive sectors. While the brand promotion, protection, and enforcement strategy has been focused for many decades on conventional marks (such as … Continue Reading
Legend has it that shortly after Adam was created, he complained: ‘O, Lord! you have given the lion fierce teeth and claws, and the elephant formidable tusks; you have given the deer swiftness of legs, and the turtle a protective shell; you have given the birds of flight wings, but you have left me altogether … Continue Reading
Our favorite thing about spring [is] spring cleaning. It’s a way to say, “I’m dusting off the winter blues and coming out of hibernation.”… At the office, spring cleaning can take on a whole new meaning. It is a chance to reorganize and refresh your workspace and your workflow. Plus, organizing will actually improve your overall focus and … Continue Reading
Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs. NFTs are digital records of data stored on a … Continue Reading
When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also be taken to ensure all other details contained within the trademark application are correct, including confirming the true identity of the … Continue Reading
Just over five years after the California-based retail giant Deckers Outdoor Corp. (Deckers) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd (Australian Leather) for trademark infringement, the U.S. Court of Appeals for the Federal Circuit has ruled in favour of Deckers. The Court of Appeals affirmed the previous decision of the district … Continue Reading
The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It is easier and cheaper than ever for bad actors to use online tools, whether it be websites, platforms, or online profiles, … 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
When we say “meme”, we usually mean an internet meme. An Internet meme is an idea (and some content embodying this idea) spread via the Internet. Memes are usually created in the internet community for humorous purposes. However, memes in practice may raise issues associated with copyright, registration of trademarks, or even with personal data … Continue Reading
When a corporation expands its business into Canada, consideration should be given to whether it can register its brand as a trademark in this new market. While a corporation may operate in this market without registered trademarks, many statutory frameworks, like the Canadian regime, offer additional benefits to companies[1] that have registered marks. If a … Continue Reading
Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia trademark to meet the Australia presence requirement, they must ensure that their domain is an exact match to that trademark. … Continue Reading
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if you file a federal trademark application and the U.S. Patent and Trademark Office refuses registration of the trademark based on a likelihood of confusion with another trademark registration? Can you cancel the cited trademark … Continue Reading
