Protections available
for new fashion designs in the U.S. appear more limited than in certain other countries
and jurisdictions. There is no
unregistered design right. Copyright
laws tend not to apply to utilitarian articles like footwear and bags. Moreover, developing trademark and trade
dress rights usually requires extensive prior use sufficient to demonstrate
acquired distinctiveness or secondary meaning in the particular article to
establish source-indicating significance among consumers.More
U.S. Copyright: December 31, 2017 Deadline to Avoid Loss of Safe Harbor Protection Under the Digital Millenium Copyright Act
The Digital Millennium
Copyright Act (“DMCA”) provides internet service providers (“ISPs”) with an
important safe harbor from copyright infringement liability based on infringing
material residing on their systems or networks at the direction of internet users. Among other requirements for safe harbor
eligibility, each ISP must designate an agent to receive notifications of
claimed infringement and provide information concerning the agent to the U.S.More
Trademark Trial and Appeal Board: Trademark Licensee Cannot Establish Priority Based on Use by Licensor
Julie A. Moreno v. Pro
Boxing Supplies,
Opp. Nos. 91214580, 91214877, Canc. No. 92058878 (T.T.A.B. Sept. 8, 2017)
In a recent precedential case, the Trademark
Trial and Appeal Board (“TTAB”) found that use of a mark by a licensor does not
inure to the benefit of a licensee for the purpose of establishing
priority. More
United Kingdom: New “Unjustified Threats” Legislation
The Intellectual
Property (Unjustified Threats) Act 2017
The new Act on
“unjustified threats” came into force in the United Kingdom on October 1, 2017
following a long vetting process and much public commentary by European
practitioners. The concept of a remedy
for “unjustified threats” in intellectual property matters in the U.K.More
Myanmar: New Trademark Law to be Implemented
Myanmar’s first formal
trademark law is expected to take effect in late 2017 or early 2018, and the
Myanmar Intellectual Property Office will be established under the Ministry of
Education. The new law will modernize
Myanmar’s trademark system and align it with international standards.
Notably,More
European Union: Court of Justice of the European Union (“CJEU”) Decisions on Unitary EU Law
A. National Laws do not Supplant EU law on GIs
Instituto dos Vinhos do Douro e do Porto v. EU Intellectual
Property Office (EUIPO) (Case C-56/16 P)( September 14, 2017) .
On October 27, 2006,
Bruichladdich Distillery Co.More
European Union: Certification Mark Registration Now Possible
Trade associations,
government bodies, technical institutes, and other public and private entities
that certify that goods and services meet certain quality standards are now
able to register their certification marks in the EU.
The EU certification
mark, available as of October 1, 2017,More
China: Beijing High Court Recognizes Unregistered Trademark Rights
Guangzhou KuGou Networks Ltd v. Shantou Lifeng Electric
Appliances Ltd,
Beijing High Court (March 13, 2017)
A recent decision of the Beijing High Court granted full protection to an
unregistered trademark in a dispute against the owner of a later registration
for the mark. More
Internet: Advantages Of Word Mark Registrations For Monitoring On Amazon And Facebook
Amazon is quickly becoming a key retail platform for nearly all brand owners. Similarly, Facebook ads are often a critical part of any online advertising campaign and Facebook’s Marketplace is quickly gaining in importance. However, as many brand owners can attest, it can be hard to monitor who is selling branded merchandise improperly or misusing trademarks or copyrighted content at these sites. More
Uzbekistan: Amendments to IP and Unfair Competition Laws
On April 18, 2017 The Parliament of the Republic of Uzbekistan issued amendments to the Law on Trademarks and Appellations of Origin and the Law on Competition. These changes became effective on April 19, 2017. The more significant changes are:
- Introduction of exhaustion of rights (though it is not clear whether this is international or national;