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
Monday, August 28, 2017
Monday, September 26, 2016
Writers Copyright Summary
A great ten post contribution that you can read to give you a summary of copyright law with the writer/creator in mind.
- COPYRIGHTS FOR PHOTOGRAPHY - PART 10
- COPYRIGHT WEBSITES - PART 9
- COPYRIGHT LAW - PART 8
- COPYRIGHT LAW - PART 7
- COPYRIGHT LAW - PART 6
- COPYRIGHT LAW - PART 5
- WHAT CANNOT BE COPYRIGHTED? - PART 4
- COPYRIGHT LAW - PART 3
- COPYRIGHT LAW - PART 2
- COPYRIGHT LAW - PART 1
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
Wednesday, April 16, 2014
Canada's TM to get overhaul in new omnibus bill
The Conservative government tabled Bill C-31, the Economic Action Plan 2014, No. 1, the most important changes to the Trade-marks Act since 1953. Included in the omnibus bull will be significant changes to Canada's TM laws.
Without amendments, the legislation changes include registrations granted in the absence of use anywhere, this would permit enforcement of trademark rights anywhere in Canada regardless of whether the TM has previously been used in Canada or abroad.
Although the proposed changes are intended to anticipate Canada's accession to the Madrid Protocol, the Nice Agreement, and the Singapore Treaty, key elements of the trademark section of Bill C-31 have little or nothing to do with these treaties. Last year, the Canadian government introduced Bill C-8, the Combating Counterfeit Products Act, which dealt with the creation of a "request for assistance" to deal with counterfeits, and also proposed updating certain aspects of the Trade-marks Act. Bill C-31 repeats many of the non-counterfeit-related changes proposed in Bill C-8, but adds a number of important changes to trademark laws and practice.The Bill C-31 in full.
Thursday, April 10, 2014
TM Duchess Kate
At the beginning of the month, James’s Palace confirmed that Kate Middleton’s charity, The Royal Foundation of the Duke and Duchess of Cambridge, has applied to the UK Patent and Trademark Office to trademark a wide range of goods and services in her name.
Goods with the foundation’s name, changed to use the Duchess’s title after the royal wedding, has been registered in different territories around the world. The move offers some protection over the royal name, but also protects millions of revenue dollars for the charity.
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