The Amazon Marketplace, an online sales platform for third-party sellers, has seen a significant increase in popularity. It is not, however, the only third-party sales platform, Walmart.com, e-Bay, and Etsy are other popular marketplaces in the U.S., and all offer great ways for international sellers to enter the U.S. market. There are, however, some IP considerations international sellers should consider before selling on these marketplaces.
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June 17, 2019 is the big day – a day anticipated since 2014. The major changes to the Canadian Trademarks Act will be implemented on this day. What does this mean for trademark owners?
The Copyright Amendment (Online Infringement) Act 2018 (Act) which passed both Houses of Parliament on 28 November 2018, and is due to commence the day after it receives Royal Assent, amends section 115A of the Copyright Act 1968 (Cth).
I don’t care what you say anymore this is my life
Go ahead with your own life leave me alone.
—Billy Joel, My Life
People often do quite well financially selling their life story. But stop and think for a minute what that statement means — “selling their life story.” The complex personal investment each writer makes in his/her craft and the further psychological dynamic of autobiography have each seen repeated comment and exploration. See Calvin D. Peeler, From The Providence Of Kings To Copyrighted Things (And French Moral Rights), 9 Ind. Int’l & Comp. L. Rev. 423, 426 (1999)(authors’ moral rights “evolved from a societal concern about individual author’s and artist’s personality and reputation investments as they are exhibited through their creative work”); C. R. Romiţan, The Right Of Authorship On A Work, 1 AGORA International Journal of Juridical Sciences 155, 158 (2014) (“The authorship of a work belongs only to individuals, because only they have the specific qualities of the creator, namely: intelligence, personality, sensibility, faculty to create, to think, to formulate ideas and also to expose them in an original and personally form. In order to recognize the authorship of a work, the law does not require any condition because it arises from the mere fact of creating the work”); see also Livingston, P. (2016). “Authorship.” In N. Carroll & J. Gibson (Eds.), The Routledge companion to philosophy of literature (pp.173-183). New York: Routledge, at 14 (autobiographies convey perspectives beyond what is “manifested in the texts alone”); Burke, P., “Representations of the Self from Petrarch to Descartes,” pp. 17-28 in Porter, R., (1997) Rewriting the self: histories from the Renaissance to the present, London: Routledge, at 17 (“‘man became a spiritual individual and recognized him- self as such’. The rise of self-awareness or subjectivity was reflected by the rise of autobiographies”). Does a life story sold cease to be one’s own life? Is it no longer an individual’s personal history? Does it become someone else’s life? When I remember and describe my own history in my own language and way, has not my history somehow merged with my expression of it? While one might ask if I can get it back, is it not just as natural for me to say why should I have to do that, as my story has never left me? I mean, it is mine, isn’t it?
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark describes a geographical area such as eastern? Should you register your trademark with the U.S. Patent and Trademark Office? Can you obtain a registration from the U.S. Patent and Trademark Office? The answer is YES! if the mark is not primarily geographically descriptive.
On 24 April 2018 the Intellectual Property Court published its Decision in case A41 85807/2016 between Swiss-based Novartis AG and local generic Nativa LLC.
The Court of Appeal for England and Wales was asked to consider a case where 2 companies were using the same name in different territories, both legitimately, but one decided to exploit traffic mistakenly hitting its website by using targeted ads
Recreational cannabis became legal in Canada under the Canadian Cannabis Act on October 17, 2018 and sales have begun. Prior thereto, only medical marijuana was available in Canada.
The United States Federal Circuit recently issued a precedential opinion addressing trade dress secondary meaning. The decision establishes a six-factor test to determine whether trade-dress acquired secondary meaning and clarifies a variety of other, related matters.
Some Important Recent Developments Make Korea Friendlier to Foreign Companies Utilizing the Korean Patent System
Korean Court Makes Efforts to Create a More Patent-Friendly Environment.
Although Korea has been very active in the development of intellectual property, Korea has a reputation for being relatively unfriendly to foreigners utilizing the Korean patent system. Korean courts have been trying to rectify this situation by changing the environment for patent protection and patent litigation. Specifically, they have implemented an improved discovery process and they have established international panels that will provide more foreigner-friendly patent litigation procedures.