Higher Damages in Argentina

Submitted by editor on Thu, 13/12/2018 - 13:13

In a guest post, Carlos Castrillo brings news of a positive decision on damages for trade mark owners in Argentina:

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"HAKUNA MATATA"? You'r Missing the Point

Submitted by editor on Thu, 13/12/2018 - 12:41

Recently, there has been an uproar in Kenya initiated by an article that was published on the Business Daily about Disney's trademark for the phrase "Hakuna Matata". A reasoned response (here) clarified that the TM is valid only in the U.S., so no rights in East Africa are involved, and further argued that this is normal business behaviour and normal use of the TM system. Various articles have questioned the legality and morality of the TM, and the BBC ran a story about "unlikely" phrases that are trademarked.

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Trade Marks: The Limits to a MONSTER’s Reach in Singapore

Submitted by editor on Tue, 11/12/2018 - 11:16

One of the most challenging issues that confronts trademark practitioners is how to treat a word that is arguably the dominant portion of a mark. This is especially so when that word is the subject of a registration by another party. The most recent decision involving the "Monster" mark in Singapore is an excellent example.

Just how big is the "Monster"? When it comes to trade marks, it does not go as far as "Monster Energy," in the view of the High Court of Singapore.

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Commercial Use of Image Rights: Paris Tribunal Boosts Models and Performers' Protection

Submitted by editor on Tue, 11/12/2018 - 10:31

If someone takes part in a photo shoot for the promotion of a clothing line, they consented to his or her image being used online as part of the designers’ advertising campaign - surely? Similarly, if you blur somebody's face in a film so much so that he or she is no longer recognizable, you have dispensed with your obligation to respect their right to their image -surely? Well, don't be so sure -the Paris Tribunal would reject both assumptions, according to recent judgments on image rights.

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Debunking a Plagiarism Removal “Trick”

Submitted by editor on Tue, 11/12/2018 - 10:22

Recently, YouTube sent me down a rabbit hole of videos purporting to have found a "trick" to remove plagiarism in any document.

The videos, mostly made in 2016 and 2017, claimed that they had found a simple way to fool any plagiarism detection application. Though the videos showed several different techniques, many of which we've covered before, one new "trick" kept coming up and over and over again: The space replace.

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Italic Wants to Disrupt the Fashion Industry With "Unbranded" Luxury Goods. Here's the (Legal) Problem

Submitted by editor on Wed, 21/11/2018 - 13:21

A cashmere scarf from one of the factories that makes Burberry's own outerwear for just $95, a whopping $400 or so less than Burberry's retail price. How about a leather bucket bag from the craftsmen behind some of Givenchy's products or a leather satchel from a factory linked to Celine? That will set you back just $245 and $150, respectively - more than $2,000 off of the price of your average Givenchy bag and upwards of $3,000 in the case of Celine. Lipstick for $10 made by the same manufacturers as those behind La Praire.

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L'Oreal is Suing Drunk Elephant for Patent Infringement over its Buzzy Vitamin C Serum

Submitted by editor on Wed, 21/11/2018 - 12:47

Call it a battle of the beauty brands. On Wednesday, the American arm of French giant L'Oreal slapped its much smaller (but rapidly growing) rival, Houston, Texas-based Drunk Elephant with an ugly new lawsuit, alleging that the cult-followed 5-year old brand is infringing one of its patents in connection with an award-winning and highly-buzzed-about $80-per-ounce Vitamin C serum.

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Criminal Conviction over Disparaging Religious Doctrines not a Violation of Freedom of Expression: Potential IP Implications of the Latest ECtHR Ruling

Submitted by editor on Sun, 18/11/2018 - 12:42

A few days ago the European Court of Human Rights (ECtHR) issued yet another interesting judgment, which - albeit not directly related to IP - might be nonetheless relevant for the interpretation and application of public policy/morality exclusions, especially in the case of blasphemous and offensive subject matter.

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CJEU Says NO to Copyright in the Taste of a Cheese

Submitted by editor on Sun, 18/11/2018 - 11:00

At last! The most exciting copyright day of the year has finally come: the Court of Justice of the European Union (CJEU) has just handed down its judgment in Levola Hengelo, C-310/17!
this was a referral for a preliminary ruling from The Netherlands, asking whether copyright could vest in the taste of a spreadable cheese.

In an authoritative poll conducted on Twitter, 81% voted against sensory copyright (226 votes in total). The CJEU

The AG Opinion

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MENA: Trademarks and Patents Cheat Sheet

Submitted by editor on Sun, 18/11/2018 - 10:17

With the Middle East and North Africa becoming an exceedingly profitable market for companies when considering an international expansion, it is certainly time to take a step back and consider your trademark portfolio and your filing strategy in the region. The below cheat sheet sums up the most important and relevant questions on filing a trademark in the MENA region.

Is it mandatory to register a trademark in the Middle East and North Africa?

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