In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in this country and should
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Should Disclaimers Always Be Made in U.S. Trademark Applications?
Suppose you have a pending U.S. trademark application for your trademark on goods or services for your business and a term or wording in the trademark is descriptive of your goods or services. During the examination of your trademark application, the
Comma, Comma, Comma, Comma, Comma Chameleon: How Punctuation Can Color IP & Other Legal Rights
“[T]he comma…this capricious bit of punctuation…”
United States v. Ron Pair Enterprises, Inc., 489 US 235, 249 (1989) (O’Connor, J, dissenting)
For want of a comma, we have this case.”
O’Connor et al. v. Oakhurst Dairy et al.,851
Usage of ad words by a competitor does not amount to trademark infringement
Google AdWords have long been used by businesses to ensure that their business listings feature on top of the Google search results when the users search for particular terms (which have been bought by a business from Google). While this
Australian Intellectual Property Reforms Ahead
2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment (Regulator Performance) Act 2023.
UK appeal court: beware of the “side-by-side” trade mark comparison
Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2024] EWCA Civ 29 (26 January 2024)
When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the orthodox approach of the
THE COLOMBIAN COPYRIGHT AGENCY ANALYSES AI-CREATED WORKS AND PROVIDES AN INITIAL APPROACH TO THE PROTECTION UNDER COPYRIGHT LAWS
The protection of works created from the human intellect, under the legislations that have adopted a droit d’auter system, is centered on the relationship existing between the individual who created the work, and the piece that constitutes the protected work.
Can U.S. Trademark Registrations Be Strengthened Against Invalidation?
Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file
Charter of the French Language
The Quebec Charter of the French Language (the “Charter”) was adopted nearly 50 years ago to protect the status of the French language in the province of Quebec. It includes many rules, several of them directed at the language of
Trademark Considerations for Copyrighted Works in the Public Domain
In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. This means that the owner has the exclusive