South Korea has amended its trademark examination guidelines to provide that the similarity between software-related goods and services must be determined on a case-by-case basis, considering factors such as the type and usage of the software.More
U.S. Court of Appeals for the Sixth Circuit: Redbubble Could be Liable for Direct Infringement Arising From “Print-On-Demand” Service
By Roxana Monemdjou
Ohio State Univ. v. Redbubble, Inc., 6th Cir., No. 19-03388, 2021 U.S. App. LEXIS 5610 (Feb. 25, 2021)
Online shopping has transformed the U.S. marketplace and there are a variety of digital marketplaces that allow consumers to make purchases online.More
Canada: Expedited Examination Expanded
On December 14, 2020, the Canadian Intellectual Property Office (CIPO) issued a Practice Notice allowing trademark applicants to seek expedited examination for COVID-19-related goods and services, namely, pharmaceuticals, medical devices, medical protective equipment, or medical services and research services related to the prevention,More
China: Misuse of Trademark Administrative Procedure Can Contribute to Unfair Competition, Warranting Damages
Brita GmbH v. Shanghai Kangdian Industrial Co., Ltd.,(2017) Hu 0012 Minchu No. 26614 (Shanghai Min Hang District Court)
The Shanghai Min Hang District Court recently found that a Chinese company’s actions,More
South Korea: Supreme Court Decision Facilitates Pursuing Trademark Infringements
Case No. 2018Da253444, S. Korea Supreme Court (en banc), March 18, 2021.
The Korean Supreme Court issued a landmark decision holding that the use of a junior mark identical or similar to a senior registered trademark constitutes infringement if the junior use is without the senior holder’s consent,More
Supreme Court of the United States: Google’s Copying Of Oracle’s Source Code Was Fair Use
Google LLC v. Oracle America, Inc., 593 U.S. ____ (2021)
This April, the U.S. Supreme Court resolved a decade-long dispute between tech giants Google and Oracle. The Court found in Google’s favor, holding that its copying of source code from Oracle’s Java SE platform for its Android operating system was fair use under Section 107 of the Copyright Act. More
Developments: Eurasian Economic Union Agreements on Intellectual Property
The Eurasian Economic Union was created in 1994, culminating in the 2014 Treaty on the Eurasian Economic Union (EAEU). The current members of this trading block are Armenia, Belarus, Kazakhstan, Kyrgyzstan, and the Russian Federation, plus three observer states (Cuba,More
New Legislation: CASE Act and Protecting Lawful Streaming Act
By Michael J. Antonucci
H.R.133 — 116th Congress (2020)
On December 27, 2020, President Donald Trump signed the Consolidated Appropriations Act, 2021 (H.R. 133), better known as the Omnibus Spending and COVID-19 Relief bill, into law. The Act incorporated trademark and copyright protection provisions,More
New Legislation: Trademark Expungement and Reexamination Proceedings
By Roxana Monemdjou
On December 27, 2020, the United States enacted the Trademark Modernization Act (TMA) of 2020. The TMA, which will be implemented by December 27, 2021, aims to remove unused marks from the U.S. federal trademark register. In turn, the improved accuracy of the register will enable businesses to make more informed decisions regarding the adoption and enforcement of their marks.More
New Legislation: Presumption Resumption – Rebuttable Presumption of Irreparable Harm Reintroduced in Trademark Injunctive Relief Actions
Buried deep within Congress’s December 21, 2020, COVID-19 Relief and Omnibus Spending bill is the Trademark Modernization Act of 2020 (the “Trademark Act of 2020”). The Trademark Act of 2020 amends several provisions of the Lanham Act to streamline trademark litigation and address issues of abuse that have plagued the United States Patent and Trademark Office.More