Monday, October 16, 2017

Should Australia TM 'UGGS'?

As fine as French 'Champagne', some are in Australia are advocating for the TM of 'UGGS'. Here's the read over at the NYT:

https://www.nytimes.com/2017/10/06/world/australia/uggs-trademark-australia.html

Monday, September 11, 2017

Monday, August 28, 2017

Fight Neo-Nazis with TM infringement?

Im the wake of the sudden explosion of public displays of racial hatred at the hands of neo-Nazis and white supremacists, some lawyers are using their power for good ;) in a curious idea to us TM law as the tool.

Here's more:  http://www.worldtrademarkreview.com/Blog/detail.aspx?g=4a41f479-9cc2-4cb7-8f64-90de7e1e961f

Friday, June 10, 2016

More on digital TM infringement

The rise of the digital age presents new challenges for trademark law. The ongoing discussion to keep up legislation to match technology is ever evolving, and if you stop for a moment, laws will fall further and further behind. An article on 3D printing and TM.
Trademark law arose in a world of physical goods to protect manufacturers and prevent consumer confusion as to who manufactured the goods. In a digital world, manufacturing will increasingly be done, if at all, by individuals with 3D printers. ... Where consumers care about the quality of a digital file, trademark law can protect consumers from being deceived by indicia external to the file. But if purchasers are not confused about the source of the digital file based on external indicia, courts should channel any other potential claims (if any) to other areas of intellectual property law.
http://patentlyo.com/patent/2016/06/digital-trademark-infringement.html

Monday, May 9, 2016

TM for Morality or Fair Competition?

An opinion piece in the NYT discussing trademark law and its applications/purpose. Is it to be used as a barometer on morality? Or is it built to support fair competition? Examples include the ongoing debate for the Washington Redskins name, among others. http://www.nytimes.com/roomfordebate/2016/05/04/redskins-and-other-troubling-trademarks/trademark-law-promotes-fair-competition-not-morality

Tuesday, September 15, 2015

Google Adwords TM infringement in Canada

An interesting ruling in Canada on TM infringements and Google Adwords. A battle between two community colleges erupted, with one seeking damages because the other used their name/brand in Google Adwords ads. The ruling states there is no TM infringement. The British Columbia Supreme Court decided that the use of a competitor’s trademarks in Google AdWords does not constitute infringement. http://www.canlii.org/en/bc/bcsc/doc/2015/2015bcsc1470/2015bcsc1470.html#_Toc427662205