Suppose that you want to federally register a trademark that has a domain indicator like “.com” at the end that identifies a source of goods or services related to your business. The trademark may have a first part that is generic like “automobile” and a second part that is a domain indicator like “.com”. Should you attempt to register your trademark with the U.S. Patent and Trademark Office (USPTO)? Can you obtain a registration from the USPTO? The answer to both questions is YES!
ILN IP Insider
Social media continues to offer an invaluable platform for natural products brands to engage and expand their customer base. In these times, consumers are using social media more and more—particularly on their mobile devices—to stay informed, explore new products, and shop.
This rapt audience allows brands to provide authentic and of-the-moment communications to their customers, develop brand ethos and drive sales. But, even with all the benefits of social media, just one misstep on intellectual property can have significant repercussions.
Canadian Innovation Week, namely November 16th to November 20th this year, is a movement organized by the Rideau Hall Foundation and Canadian Innovation Space which seeks to recognize Canadians advancing their respective industries and sectors, to connect individuals across the country and to encourage collaboration, creativity and innovation amongst current and future innovators.
Canadian Innovation Week is being held virtually this year. Many of the week’s conversations concern efforts related to the fight against the COVID-19 pandemic. Below, we briefly outline some of the major developments in the past eight months with respect to intellectual property innovation during the pandemic.
Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) does not provide for a fair use or fair dealing defence.(1)
Nevertheless – and in compliance with the EU Information Society Directive (2001/29/EC) – the Copyright Law contains an exhaustive list of specific statutory exceptions and limitations on authors’ economic rights.
The tragic killings of George Floyd, Breonna Taylor and Ahmaud Arbery this year, among others, have reinvigorated the Black Lives Matter movement, resulting in powerful nationwide conversations about racial injustice in the United States, with far-reaching ripple effects. Businesses across industries — such as sports, entertainment, consumer products and higher education — have reevaluated certain aspects of their legacy brands and have announced that they will discontinue the use of names, trademarks and logos with racist origins.
In March 2020 – during the lockdown imposed by the government to combat the COVID-19 pandemic – Greece adopted a new Trademark Law (4679/2020), which replaced the previous Trademark Law (4072/2012). The purpose of adopting this new law was to implement the EU Trademarks Directive (2015/2436/EC) into Greek law.
By virtue of this new law, the Greek trademark regime is now largely similar to that of the European Union. The new Greek Trademark Law essentially follows EU Trademark Regulation (2017/1001), rendering the Greek legal system more familiar and friendly to foreign entities, many of which are already acquainted with the EU framework.
Personal data (PD) protection is becoming the main topic of the recent days, so the Russian legislation in this sphere changes rapidly. The article represents an overview of updates on personal data regulation for the 3rd quarter of 2020.
ATTEMPTS TO COUNTER THE CONSUMERS’ PERSONAL DATA COLLECTION
Russian Agency for Health and Consumer Rights has developed amendments to the Law of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”, hindering unfair behavior of business entities, which collect customers’ PD for purposes not related to the conclusion and execution of contracts.
The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark infringement claims arising from use of their official marks. This Federal Court case law confirms that registered trademark owners will continue to enjoy the rights conferred upon them under the Trademarks Act (the “Act“), regardless of whether a public authority is involved and suggests that the strength of an official mark is greatly dependant on when public notice is given.
Quality Program Services Inc. (“QPS“) brought a Federal Court action against the Government of Ontario, specifically the Minister of Energy (the “MOE“), seeking damages and other relief for trademark infringement, passing off and depreciation of goodwill under the Act. QPS is the registered owner of the “EMPOWER ME” trademark, registered in 2014 in association with energy awareness, conservation, and efficiency services.2 In 2015, QPS became aware that the MOE had launched a website with the name/mark “emPOWERme” to educate Ontario residents about the province’s electricity system.3
The Supreme Court’s Adjudication on Whether a Post-grant Amendment of a Granted Patent Constitutes an Amendment of the Litigation Claim
When granted with a patent right, the patentee may file a request for amending the description, claim(s) or drawing(s) of the granted patent. Hence, once an alleged infringer has presented prior evidence sufficient to establish that the patent at issue lacks patentability in a patent infringement litigation case, the patentee is likely to file post-grant amendment requests with the Taiwan Intellectual Property Office during the litigation proceedings in order to overcome the defects in the validity of the patent at issue. At this point, pursuant to Article 32 of the Intellectual Property Case Adjudication Rules, “trial and adjudication of the principal case may directly proceed if the amendment application obviously shall not be granted or if the amended scope of claim(s), once approved, does not constitute an infringement of right.”
At heart, and still, I am a non-singing Jersey Boy, and one who grew up reading Sherlock Holmes stories and watching Star Trek, the Original Series (before it even needed that modifier), in reruns in the 1970s while also keeping up with the real Rocky. And, I have been writing for ILN IP Insider for five and one half years (first article appeared in March 2015), and have shown my Star Trek chops and character knowledge here on several different occasions, like bouncing from planet to planet. So, to paraphrase that famous opening, I have tried exploring “Law: the final frontier. These are the voyages of ILN’s enterprise. Its continuing mission: to explore strange new cases. To explain new rights and new rationalizations. To boldly show where lawsuits have gone before!”