ILN IP Insider

July 30, 2019

WORLD FAMOUS (By, Say, New Jersey Standards): Expanding The Right Of Publicity Nationally And Internationally

By James P. Flynn of Epstein Becker Green

Springsteen.

Sinatra.

Chuck Wepner (for at least one night in 1975 and then through the “Rocky” avatar).

At least some of the people that rest stops on the New Jersey Turnpike are named after.

These public figures are, or were, world-famous, and certainly had made a name for themselves outside of the Garden State, even if their growth as artists, authors, sports figures or icons was at some point nurtured in the fertile ground of the third state to enter the union.  But, if either Springsteen or Sinatra, for example, wished to protect their image on the world stage or before a national audience, neither could invoke, directly or effectively, federal or international law.

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July 24, 2019

A New Mechanism For Protecting Fashion Companies in Russia

By Maksim Ali of Maxima Legal LLC

At the end of June a mechanism providing for temporary protection of industrial designs was introduced into the Russian legal system. In short it requires somebody who uses an industrial design during the period of its patenting to pay compensation to the future holder of the patent.  Previously, this type of protection was available only for inventions – although it is still not available for utility models, which are also patentable in Russia.

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July 17, 2019

Establishment of the Intellectual Property (IP) List in the Court of First Instance of the Hong Kong High Court

By C.K. Kwong of Sit, Fung, Kwong & Shum

 

 

 

 

According to the 2018 Global Competitiveness Report released by the World Economic Forum, Hong Kong was ranked 9th out of 140 economies in terms of IP protection.  In accordance with the recommendations made by the Working Group on IP Trading in 2015 (of which the writer is a member), a wide range of measures were introduced to enhance Hong Kong’s role as an IP trading hub to serve overseas IP owners/users as well as those in Mainland China (rising as a major intellectual property user, buyer, provider and seller) including those on legal services and  dispute resolution.

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July 12, 2019

Simon Cowell picks bone with “The Pets Factor” UK trade mark

By Ben Milloy of Fladgate LLP

When TV format creator Mark Duffy struck upon the tongue-in-cheek name “The Pets Factor” for what was (presumably) a talent competition for domestic animals, he might well have smiled at his own ingenuity. Conversely, when Simon Cowell heard about the name (via Mr Duffy’s application to register it as a UK trade mark in classes 9 (software) and 41 (entertainment services)) we can guess he probably wasn’t smiling (or if he was, it was probably more of a grimace). Instead, and acting via his company Simco Limited (in conjunction with Freemantle Media) (Simco), Mr Cowell wasted no time in instructing his lawyers to oppose Mr Duffy’s application, which he had made via his company Duf Ltd.

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July 5, 2019

Understanding Trademarks Act Changes

By Colleen Spring Zimmerman of Fogler Rubinoff

On June 17, 2019, Canada’s Trademarks Act changed, resulting in its modernization. Canada has now joined five international intellectual property treaties, including the Madrid Protocol, Singapore Treaty and Nice Agreement, all related to trademarks.

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June 28, 2019

District of Delaware Update

By Arthur G. Connolly III of Connolly Gallagher LLP

Last August, two new judges joined the United States District Court for the District of Delaware, Judge Colm F. Connolly and Judge Maryellen Noreika.  Judge Connolly filled the seat previously held by Judge Sue L. Robinson and Judge Noreika filled the seat previously held by Judge Gregory M. Sleet.  In recent months, both Judge Connolly and Judge Noreika have each adopted new procedures for dealing with case dispositive motions.

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June 12, 2019

“Patent Attorneys Academy” established in Greece

By Elena Nikolarea of A. & K. Metaxopoulos and Partners Law Firm

 

While in some jurisdictions the concept of a “patent attorney” or also a “patent judge”, referring to persons who not only have knowledge of patent law but also acquire technical expertise in relation to patents, is common, this is not the case in Greece. Of course, there are lawyers with high-level expertise in patent law, as well as sections of the Courts that try cases related to industrial property law. At the same time though, the technical issues of disputed patents are mostly assessed by technical experts who the parties, as well as the Court, may each appoint in order to assist the Court to reach a decision in each case.

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June 5, 2019

Information on Filed Applications for Registration of Drugs has Become Publicly Available in Russia

By Boris Malakhov of Lidings Law Firm

Under the Federal Law “On drugs circulation” (Law), information on state registration of drugs in Russia shall be publicly available.

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May 22, 2019

Still Standing?: The Sometimes Rocky World Of Public Art

By James P. Flynn of Epstein Becker Green

What distinguishes public art is the unique association of how it is made, where it is, and what it means.” —The Association for Public Art

To many, the names “Rocky Balboa” and the “Italian Stallion” are as universal and front of mind as the names “Chuck Wepner” and the “Bayonne Bleeder” are regional and tucked into (or have already fallen out of or never made it into) the recesses of memory.  But this writer is not most people.  Though aspiring to be a child of the universe, I am at heart still a ten-year-old kid from Bayonne, New Jersey, at the south end of Hudson County who (in 1975) thought a guy from our neighborhood was about to pull off the greatest upset in sports history (at least in the pre-Miracle-on-Ice/before-Jimmy-V era).

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May 8, 2019

Federal Circuit Reminds Us That Extrinsic Considerations Are Narrowly Construed in Trademark Matters

By Daniel J. Barsky of Shutts & Bowen LLP

2018 saw a number of important trademark cases decided across the United States.  Two cases illustrated the similarities between genericness analysis and one of the likelihood of confusion factors considered by the Trademark Trial and Appeal Board (“TTAB”).  Royal Crown Co., Inc. v. The Coca-Cola Co., 892 F.3d 1358 (Fed. Cir. 2018) and Omaha Steaks Int’l, Inc. v. Greater Omaha Packing Co., 908 F.3d 1318 (Fed. Cir. 2018) showed that there is overlap in the analysis to be conducted under these two different legal theories and provides important lessons for practitioners to remember.

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