For many lawyers practicing outside the United States, intellectual property protection and risk are most often associated with patents, trademarks and copyrights. Trade secrets are frequently treated as the forgotten stepchild—associated with employment law and contracts rather than as an
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Searching for Civility in U.S. Trademarks
After more than a hundred years of settled U.S. trademark policy, an interesting problem has developed for the United States Patent and Trademark Office (USPTO). How to square the U.S. Supreme Court’s recent decisions striking down parts of the federal
Can a Difference in Punctuation between a Trademark in a Drawing and Specimen of Use be Allowed for Registration?
By Dan H. Bliss
Suppose you want to register a trademark that identifies a source of goods/services for your business. What if the trademark on the specimen of use has punctuation that is different from the drawing of the trademark
Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked
Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87
Jessica Bell, Associate – Kalus Kenny Intelex, Melbourne, Australia.
The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global
WHAT’S THE “USE”?:
Missed Anthropic Perspectives & Mixed AI Meta-Phors Cloud Copyright Law
By James Flynn & Ariana Tagavi,* Epstein Becker Green
The evolution of generative artificial intelligence has prompted courts in two highly-publicized recent federal district court decisions to apply copyright law’s
New SAG-AFTRA Commercials Contract Is Now in Effect
Authors: James Johnston, Samantha G. Rothaus, Jordan M. Thompson and Howard R. Weingrad.
SAG-AFTRA and the Joint Policy Committee (JPC) have reached agreement on a new Commercials Contract, which is now officially in effect. Notably, the deal was reached without
Major setback for Tiktok’s trademark rights in India
By Gaurav Bhalla of Ahlawat & Associates
The Bombay High Court recently affirmed the order of the Registrar of Trade Marks whereby TikTok’s application for declaration of its mark as well-known in India was disallowed. Interestingly, this decision (by the
Uber’s Opposition Fails the Grade in Tutors Trade Mark Dispute
Jessica Bell – Lawyer, Kalus Kenny Intelex, Melbourne Australia
David Cinque – Special Counsel, Kalus Kenny Intelex
The Australian Trade Marks Office has permitted the registration of the trade mark UBER TUTORS after finding that transport and delivery giant, Uber
Law 5103/2024: The New Legislative Framework – Provisions for the promotion of Greek-Language Music
By A. & K. METAXOPOULOS AND PARTNERS LAW FIRM
On 18/04/2024 the Greek Parliament has enacted Law No. 5103/2024 dealing with the protection and promotion of Greek-language songs as an element of cultural identity. The new law introduces provisions in
Different Kinds Of Cool That Still Just Don’t Register: Why Birkenstocks & Melted Rink Ice (AKA Water) Aren’t Copyrightable
By James P. Flynn, Epstein Becker Green
In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool:
“It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon. “The fact that Birkenstocks are