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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Trademarks Ownership Part 2

by Hassan Elhais on

There is a common misconception which suggest that registering a trademark grants the party a right of ownership. Technically this may be true but it is not the registration that grants ownership over a trademark but using a...more

Three Point Shot - April 2017

by Proskauer Rose LLP on

Premier League Takes the Pitch in Fight against Pirated Streams - The United Kingdom's most popular soccer league is using skillful legal tackling to maintain possession of its intellectual property. The Football...more

MoFo IP Newsletter - April 2017

by Morrison & Foerster LLP on

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more

Grey Marketing – Still Not Black and White in Canada

by Smart & Biggar on

Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

The Advisor: Best Practices for Display of a Trademark on Software

by Field Law on

Xylem Water Solutions Manufacturing Alberta (“Xylem”) was the owner of the registered Canadian trademark AQUAVIEW in association with software for water treatment plants and pump stations. ...more

Trademark Owners Beware of Chinese Domain Name Marketing Ploy

by Jaburg Wilk on

Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark...more

Keyword ads — Only infringing if they’re confusing

by Thompson Coburn LLP on

Neighbors can be helpful. Our Canadian neighbors may have just helped U.S. trademark owners who wonder about the legality of use of their trademarks in Google AdWords ads, and other search-engine keyword ads....more

Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfect Reflections

Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

by Ward and Smith, P.A. on

When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated...more

Judge gives .AFRICA the green light to proceed

by Hogan Lovells on

As previously reported here, the Internet Corporation for Assigned Names and Numbers (ICANN) has been sued by the disgruntled new generic Top Level Domain (gTLD) applicant, DotConnectAfrica, in order to prevent the delegation...more

[Events] International Brand Protection and Enforcement: Best Practices and Key Insights for the United States, Europe, and China...

Please join us for an interactive roundtable discussion with experienced trademark practitioners from the United States, Europe, and China, offering industry considerations and practical insights on where the laws and...more

Limiting Trademarks Infringements Part 3

by Hassan Elhais on

The United Arab Emirates is regarded as a commercial hub of Middle East, which facilitates in the practice of commercial activities in a lucrative and tax free environment. The legal system endeavors to protect producers and...more

Hyperlinking in Hamburg and Prague: How national courts apply GS Media

by Hogan Lovells on

On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision. In essence, this CJEU...more

The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands

by Ladas & Parry LLP on

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands....more

DSM webinar highlights tax, competition law, copyright, AVMS and data economy issues for 2017

by Hogan Lovells on

In a February 7, 2017 webinar, the Hogan Lovells Digital Single Market (DSM) team presented its take on new developments for 2017. Peter Watts introduced the session by warning that the loss of the UK voice in EU policy...more

Bill S-5: Canada Prepares to Introduce Plain and Standardized Packaging for Tobacco Products

by Smart & Biggar on

by: Jennifer Ponton In 2012, Australia became the first country to introduce plain packaging for cigarettes. Several countries have since followed suit, and many more, including Canada, have made commitments to introduce...more

DSM Watch: European Commission's data package explores data ownership, localization, liability and portability, highlighting...

by Hogan Lovells on

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

by Hogan Lovells on

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

It’s a Game Winning Shot but Far from a Slam Dunk: Michael Jordan Obtains Partial Victory in Chinese Courts over Use of His Name

In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more

Introduction to Trademarks Part 1

by Hassan Elhais on

Trademark has a major value for any business, and one of the primary concerns of any well-established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law...more

Why Chinese Companies Need to Exercise Caution When Attending Trade Shows in the United States

by Tarter Krinsky & Drogin LLP on

Over the past two years, owners of U.S. patents have used Chinese companies' appearances at a trade show as a patent infringement "trap." These patent owners have commenced patent infringement cases against Chinese companies...more

Michael Jordan’s Great Win in China—or Is It?

On December 8, 2016, Beijing time, the China Supreme People’s Court issued a public decision granting Michael Jordan a win in his four-year battle over the right to own his name in Chinese characters. But the win was not a...more

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

by Dechert LLP on

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Trade-Marks in Canada: Proper Use and Maintenance

by Dickinson Wright on

Proper usage is essential to protecting and maintaining valuable rights in trade-marks. The general rule is ‘use it or lose it’: unless a trade-mark is actually used continuously in connection with products or services,...more

No Small Potatoes: Patenting Spuds in an Era of Gene Silencing

by Lane Powell PC on

During a 1911 journey—in which he would discover Machu Picchu—Hiram Bingham’s exploration party came across native Peruvians who “lived almost entirely on gruel made from chuño, frozen bitter potatoes. Little else than...more

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