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Intellectual Property Communications & Media

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gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

Unitary but toothless? – Limitations to jurisdiction over online EUTM infringements

by Hogan Lovells on

German Federal Court of Justice rules on the scope of jurisdiction of national courts - In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action...more

What qualifies as acceptable Use in U.S. Commerce?

by Ladas & Parry LLP on

The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. What...more

Be Like Grumpy Cat

News recently hit the wires that Grumpy Cat Ltd., the company behind the Grumpy Cat Internet “person”ality, was awarded over $700,000 in a trademark and copyright infringement lawsuit. The defendant was a licensee who was...more

Preferential principles of taxation concerning authors (including employee - authors) following the amendment to the regulations

by Hogan Lovells on

On 1 January 2018, provisions of the Personal Income Tax Act were amended in respect of, among other things, the settlement of revenue generating costs by so-called “authors” (Art. 22 Sec. 9 Sec. 9a, and the new Sec. 9b of...more

DSM Watch: The European Copyright Reform – JURI Vote scheduled for 27 March 2018

by Hogan Lovells on

We have reported a couple of times on the efforts by the European Union to modernize EU copyright law and make it fit for the digital age. Now, it is almost one and half years ago that the Commission presented its first draft...more

The Plant Naming Conundrum … Protecting Your Plant Varieties in the Short and Long Term

Development of a new plant cultivar or varietal often requires substantial research and development. These costs can be recovered, however, if a breeder is able to successfully market, sell and/or license the resulting...more

European Union Welcomes Certification Marks

Companies that attest to the quality of products or services under a “certification mark” – a type of trademark used to show consumers that particular goods or services (or their providers) have met certain standards – are...more

Don’t let your brand go to pot (Part I): 4 things that cannabis brand owners need to know

by Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

Europe – General Court: Bad faith’s link to likelihood of confusion

by Hogan Lovells on

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

Caution: Olympic Marks Ahead Staying In-bounds with the U.S. Olympic Comittee

Beginning February 9th, the eyes of those interested in athletic endeavor and spectacle will turn to Pyeong Chang for the 2018 Winter Olympic Games. As a brand owner, it is tempting to get caught up in and exploit the...more

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

by Hogan Lovells on

The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more

Cleveland Indians To Discontinue Use Of Chief Wahoo On Player Uniforms; Limited Use Of The Logo To Continue In Order To Preserve...

by Ladas & Parry LLP on

Although the Supreme Court recently ruled that disparaging trademarks are protected by the First Amendment freedom of speech in Matal v. Tam, the Cleveland Indians have announced that they will cease use of their “Chief...more

Enforce your repeat infringer policy

by Thompson Coburn LLP on

Seinfeld famously noted that taking the reservation is not nearly as important as holding the reservation. In the same way, Internet service providers must do more to avoid liability than enact a repeat infringer policy –...more

Snickers Has a Cross Section TM Registration!

It is frequently becoming more and more difficult to remember all the topics we’ve covered here over the last — almost — nine years. A recent Snickers end cap display jogged my memory...more

Cannabis Branding and Free Speech Considerations

by Dorsey & Whitney LLP on

A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

MarkIt to Market® - January 2018

January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more

WIPO – No fan site for tribute band

by Hogan Lovells on

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a panel ordered the transfer of a domain name that exactly matched the name of a...more

What’s In a Name?

by Burns & Levinson LLP on

Question: What do Sean Combs, J.K. Rowling, LeBron James, Lionel Messi, and Mark Wahlberg have in common? Two things, actually. First, they are all listed on the Forbes 2017 Celebrity 100 List; second, they all have gone to...more

Trademarks: Use it or lose it – and prove it!

by Field Law on

You may be surprised to learn that even after your trade-mark is registered, it can be expunged from the Trade-marks Register. One way is through Section 45 of the Trade-marks Act (“Act”). Section 45 of the Act authorizes...more

CFAA “Unauthorized Access” Web Scraping Claim against Ticket Broker Dismissed Because Revocation of Access Not Expressed in Cease...

A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. (Ticketmaster L.L.C. v. Prestige...more

Food & Beverage Litigation Update | February 2018 #2

The U.S. Food and Drug Administration (FDA) is soliciting public comment on whether the agency should continue to collect information about foodborne illnesses in restaurants. The proposal would extend studies of risk...more

GDPR May 25th Deadline Approaching – Businesses Globally Will Feel Impact

In less than four months, the General Data Protection Regulation (the "GDPR" or the "Regulation") will take effect in the European Union/European Economic Area, giving individuals in the EU/EEA greater control over their...more

The Google vs. Equustek Decision: What comes next?

by Field Law on

The internet is borderless, right? So how does one country balance the rights of internet users within its own borders? And can a Canadian court reach across an international border to control the online conduct of an...more

#GoldMedalEnforcement

Tonight is the start of the 23rd Winter Olympic Games in Pyeongchang, South Korea. For the next month, people will cheer and support their country’s athletes as they engage in physical feats that seem to defy human...more

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