Acceptable Identification of Goods/Services

Submitted by editor on Mon, 19/06/2017 - 10:25

Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story.
It’s been a while since we’ve written about the importance of brand owners not only thinking hard about their brand names, but also devoting thought and care to the generic name of the goods or services too.

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Life as an IP Lawyer: Milan

Submitted by editor on Mon, 19/06/2017 - 10:14

The AmeriKat's professional life, be it on the Kat or sat at her desk litigating her hours away, involves a huge amount of coordination, support and opposition with lawyers from all over the world. One of the IPKat's key objectives is to bring this global IP community closer together by sharing IP decisions, legislation and practice from across the world with our readers, with the aim that by understanding our unique perspectives on the culture of IP practice we can work together to make IP a success story for innovators, creators, users and the public. With those grand aims, the AmeriKat thought it would be worthwhile to ask the next generation of global IP lawyers to illuminate IP practice in their jurisdiction, as well as to give readers some fun reading over their lunch-al-desko...

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A Tale of Stability - Business Models in the Creative Industries

Submitted by editor on Mon, 19/06/2017 - 10:06

the digital era, the phrase on on the lips of everyone in the creative industry has been, "business models." Touted as a panacea for the potential copyright ills of the internet, business models were a fundamental part of the Hargreaves 2011 inquiry into copyright in the digital era. Does the digital era mean that copyright should change?

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‘Mice Ate My Licence Agreement’, Claims Applicant Before Federal Court of Canada

Submitted by editor on Tue, 13/06/2017 - 10:38

In a recent decision, the Federal Court of Canada upheld the refusal of the Trademarks Opposition Board to register ‘TASTE OF B.C.’ holding, in part, that the sale of goodwill did not necessarily include the trade mark.

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Can a Domain Name Combined with Third-Party Adverts Generated by Google AdSense Result in a Successful Trade Mark Infringement Claim?

Submitted by editor on Tue, 13/06/2017 - 10:32

The High Court of England and Wales held that third-party advertisements which appeared on a defendant’s website could not support a claim for trade mark infringement whether alone or in combination with a legitimate domain name.

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Through the eyes of Omani courts: Copyright protection of photographs

Submitted by editor on Tue, 13/06/2017 - 10:25

This article examines Al-Toqi v Ministry of Commerce and Industry, one of the few publicly available copyright-related decisions by the courts of the Sultanate of Oman. This case concerned the unauthorized use of photographs by the Omani Government itself.

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The passing of the Golden Age of IP: Quo Vadis?

Submitted by editor on Tue, 13/06/2017 - 10:17

IP’s “Golden Age” was roughly the period of the 1980s, when patents, copyright and trade marks all came together to give IP a collective preeminence. The ascendance of patents emerged from a less hostile view to patents resting on a recognition of their pro-competitive effects, the potential of encouraging patenting in the West as a means to counter the perceived challenge from Japanese industry, and the promise of judicial streamlining of patent protection following the establishment of the US Federal Circuit Court of Appeals.

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You Can Get Sued for Using These 7 Colors in Your Designs

Submitted by editor on Mon, 12/06/2017 - 10:07

It’s essential to note that trademarking a color is different from ownership of a color. Color trademarks are valid only within the same industry. For example, Ford can’t sue HP for using a similar shade of blue, because they are not selling competing products.

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Color Branding & Trademark Rights

Submitted by editor on Mon, 12/06/2017 - 09:57

The color of a brand is different from a color trademark. Even though a TM or ® symbol may appear on a brand's image, it does not mean there are any legal rights to the color or colors.
The TM and ® marks on the Mc Donald's and Starbucks images below means that the company has claimed rights to the image (the symbol or word or combination of both).

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Additive Manufacturing – IP Challenges in Modern Day Manufacturing

Submitted by editor on Mon, 12/06/2017 - 09:50

Additive manufacturing (also known as 3D printing) has been hitting the news for several years now, but with the speed of technological development only increasing, it is becoming inevitable that this new manufacturing technique is going to have a transformational effect on all kinds of manufacturing, and, consequently on IP protection.

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