By: Raf Schoefs and Thomas Gils
The Court of Justice of the European Union (CJEU) ruled that the failure to comply with a clause relating to intellectual property rights in a software license agreement must be regarded as an ‘infringement
Re:Marks on Trademark and Copyright
A blog focusing on brand issues, trademark, copyright, advertising and more.
Re:Marks on Trademark and Copyright, published by DLA Piper, focuses on legal developments and issues related to trademark and copyright law. The blog covers topics such as intellectual property infringement, software license agreements, trademark disputes involving brand protection and enforcement, regulatory updates from the USPTO including procedural changes, and guidance on trademarking emerging product categories like CBD. It also addresses cross-jurisdictional trademark enforcement challenges and practical considerations for brand owners in various markets. The content is aimed at providing legal insights on protecting and enforcing intellectual property rights in commercial contexts.
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Latest from Re:Marks on Trademark and Copyright
AUSTRALIAN BURGER CHAIN BITES OFF MORE THAN IT CAN CHEW: LEARNINGS FOR FOREIGN BRAND OWNERS FROM IN-N-OUT BURGERS, INC V HASHTAG BURGERS PTY LTD & ORS [2020] FCA 193
By DLA Piper
By: Melinda Upton, Jessie Buchan, Valiant Warzecha, and Alexandra Moore
The Federal Court of Australia (FCA) recently handed down its decision in the case that all Australian burger lovers have been eagerly watching – infringement proceedings…
UPDATE: USPTO REVERSES COURSE ON EMAIL ADDRESS RULES
By DLA Piper
By: Michael Geller
The USPTO has shifted course on a new rule which required applicants and registrants to provide a company-monitored email address for trademark filings. The USPTO’s new rule met strong criticism from various sources who raised concerns about…
NEW USPTO RULES REQUIRE FILERS PROVIDE AN INTERNAL EMAIL ADDRESS
By DLA Piper
By: Michael Geller
In yet another new rule change, starting February 15, 2020, the US Patent and Trademark Office will require that all applicants, registrants and TTAB parties provide an email address for the party separate from the outside counsel…
TRADEMARKING CBD PRODUCTS: NEW GUIDELINES FOR REGISTRATIONS
By DLA Piper
By Aislinn Smalling and Carissa Bouwer
The increasing popularity of cannabis products has led to decriminalization and legalization of marijuana in many states and a proliferation of products containing CBD oil. But marijuana remains illegal at the federal level. In…
NEW USPTO RULE REQUIRES FOREIGN PARTIES TO HAVE A U.S. ATTORNEY
By DLA Piper
By: Michael Geller
A new rule from the U.S. Patent and Trademark Office imposes a substantial new requirement on companies and individuals outside of the U.S. Starting August 3, foreign applicants and registrants must be represented by a U.S. attorney.…
F-*-C-T – U.S. SUPREME COURT STRIKES DOWN BAN ON REGISTRATION OF IMMORAL OR SCANDALOUS MARKS
By DLA Piper
By: John Nading
The U.S. Supreme Court issued its most recent decision yesterday picking away at the same clause of the Lanham Act, Section 2(a), 15 U.S.C. § 1052(a), and this time finding that the United States Patent and Trademark…
Q&A SESSION WITH UK ADVERTISING STANDARDS AUTHORITY (ASA) CHIEF EXECUTIVE GUY PARKER
By DLA Piper
By: Claire Sng
I had the rare opportunity last week to put some questions directly to Guy Parker, the ASA’s Chief Executive, during a Q&A session at an industry conference on Advertising and Marketing Law.
I asked two questions relating…
TOP 10 IP DEVELOPMENTS IN CHINA
By DLA Piper
BY EDWARD CHATTERTON, HORACE LAM AND JOANNE ZHANG
On 23 April 2019 China passed amendments to two major IP laws -the Trademark Law and the Anti-Unfair Competition Law (AUCL).
Specifically, the Trademark Law has…
PRIZE PROMOTIONS AROUND THE WORLD: LAUNCH OF NEW EDITION
By DLA Piper
The fourth edition of DLA Piper’s popular Prize Promotions Around the World online guide is now available. The guide has been fully updated and also includes four new jurisdictions, to bring the total coverage to 39 jurisdictions.
Prize promotions (including…