The Orrin G. Hatch-Bob
Goodlatte Music Modernization Act (MMA) was signed into law on October 11,
2018. As the name suggests, the law is
aimed at updating music copyright laws for the digital age. Just before signing the law, President Trump
said: “The Music Modernization Act closes loopholes in our digital royalty laws
to ensure that songwriters,More
Federal Circuit: USPTO Loses Bid for Win-or-Lose Fees
NantKwest Inc. v. Iancu, 898 F.3d 1177 (Fed. Cir. 2018)
In July 2018, the Federal Circuit rejected the
U.S. Patent and Trademark Office’s (“USPTO”) argument that it was entitled to
recover attorneys’ fees, win or lose, when defending the Patent Trial and
Appeal Board’s (the “Board”) decisions under Section 145 of the Patent Act,More
Protection of Non-Traditional Trademarks under U.S. Law
By Julia Belagorudsky
I. INTRODUCTION
While trademark protection is most commonly associated with source identifiers such as individual words, logos, slogans and a combination of these elements, trademark protection in the United States can also extend to colors, sounds, smells, and other non-traditional source identifiers.More
USPTO: Registration of Non-Traditional Trademarks
While trademark protection is most commonly associated with source identifiers such as individual words, logos, slogans, and a combination of these elements, trademark protection in the United States can also extend to colors, sounds, smells, and other non-traditional source identifiers. Brands appeal to consumers in varied ways,More
United Kingdom: Brand Owners Must Pay Costs for Website Blocking Orders
Cartier Int’l AG v. British Telecom Plc, [2018] UKSC 28.
Three Richemont maisons, including Cartier, recently sued five of the largest internet service providers (ISPs) in the United Kingdom. At issue was who is responsible for paying an ISP’s costs for implementing a blocking order issued by a court to protect Richemont’s trademarks. More
Mexico: New Declaration Of Use Requirement
Further to our recent report on the amendments to the Mexican Industrial Property law here, Declarations of Actual and Effective Use will be required as of August 10, 2018 for registered marks. The Declarations must be filed within three months of the third anniversary of the grant of registration.More
Laos: New Intellectual Property Law
A new Intellectual Property law came into effect in Laos on June 9, 2018 (Law on Intellectual Property No. 30/NA, published in the Lao Official Gazette on May 25, 2018). The law replaces the prior law of December 2011. The principal new features of the law are:More
South Korea: Amendments to Unfair Competition and Trademark Law Protect Trade Dress and Ideas
On April 17, 2018, the National Assembly of Korea amended the Unfair Competition Prevention and Trade Secret Protection Act (“UCPTA”) to allow for the protection of trade dress and ideas, and revised the Trademark Act (“TMA”) to broaden the scope of who may file applications for registration of collective marks with geographical indications.More
European Union: Louboutin Red Sole Victory
Christian Louboutin v. Van Haren Schoenen B.V., Court of Justice of the European Union, No. C-163/16 (June 12, 2018).
Christian Louboutin was once again victorious in an effort to enforce international trademark rights in his famous red sole. In its June decision,More
China: Dior Win in Long-Running Battle Over 3D Trademark For J’ADORE Bottle
Parfums Christian Dior v. China Trademark Review and Adjudication Board, Supreme People’s Court 2018
On World Intellectual Property Day 2018, the Supreme People’s Court (the “SPC”) reheard the administrative dispute concerning the Chinese Trademark Office’s (the “CTMO”) refusal to register a three-dimensional (“3D”) trademark for Dior’s J’ADORE perfume bottle. More