By: Richard Taylor and Alasdair Muller (United Kingdom)
The English Court of Appeal has confirmed that, in the UK, the sale or distribution of trade mark goods outside an authority granted by the trade mark holder can constitute a criminal
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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CLICKS AND MORTAR: THE EVOLVING RELATIONSHIP BETWEEN ONLINE AND IN-STORE SHOPPING IN THE AUSTRALIAN MARKET
By: Melinda Upton and Josephine Gardiner
When e-commerce initially established itself in the Australian marketplace, industry experts predicted the imminent death of brick and mortar – physical retail stores.…
CHANGES ON THE ANALYSIS AND RECOGNITION OF SO-CALLED “HIGHLY RENOWNED” TRADEMARKS IN BRAZIL BY THE INPI || ALTERAÇÕES COM RELAÇÃO À ANÁLISE E RECONHECIMENTO DAS MARCAS DE ALTO RENOME NO BRASIL PELO INPI
By: Paula Mena Barreto, Diego Mattos Osegueda, and Manoela Quintas Esteves
On October 18th, the National Industrial Property Institute (INPI) published Resolution INPI/PR 172/2016, to improve the analysis and recognition of so-called “highly renowned” trademarks in Brazil. The…
FRANCE ADOPTS LAW FOR A DIGITAL REPUBLIC: KEY DATA PROVISIONS ARE A JUMP-START ON THE GDPR
By: Carol A. F. Umhoefer and Caroline Chancé
France’s Law for a Digital Republic, under discussion for more than a year, has at last been published.…
WHEN IT COMES TO INTELLECTUAL PROPERTY, MILLINERS SHOULD TAKE OFF THEIR FASCINATORS AND PUT ON THEIR THINKING CAPS!
By Josephine Gardiner (Sydney)
Australia’s best-known horse racing event, the Melbourne Cup is on today. The race is known to stop the nation… but that’s not all they’re stopping for! Floral frocks, feathers and fascinators – the event is a…
IS YOUR CYBERSECURITY UPGRADE FDA REPORTABLE?
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BACK TO THE FUTURE? FOREIGN INVESTMENT PROTECTION IN CUBA
By Emil R. Infante and Harout Jack Samra
Few countries match the expropriatory model of revolutionary Cuba. Described by one scholar as the “largest uncompensated taking of American property by a foreign government in history,” the expropriations touched virtually every…
BREXIT: IMPACT ON TRADEMARKS AND DESIGNS
By: Désirée Fields and Dr. Ulrike Gruebler
Following the UK’s vote to leave the European Union, we consider the potential implications for trademarks and designs, an area that is extensively harmonized through legal concepts such as the EU trademark and…
NEWLY LAUNCHED ONLINE COMPLAINT FORM IN CALIFORNIA BOOSTS INCENTIVE TO POST ACCURATE PRIVACY POLICIES
By: Jim Halpert and Anne Kierig
Online businesses and those with mobile applications have a new incentive to post privacy policies that comply with the California Online Privacy Protection Act (CalOPPA). California Attorney General Kamala Harris launched an…
A NEW PROVISION FOR TRADEMARK PARODY: IS IT A JOKE?
By Sara Balice and Elena Varese (Milan)
A number of fashion players base their business on the very thin line running between tribute and misappropriation. In this context, it is difficult to understand how quotations of well-known fashion trademarks made…