Is it possible to copyright a sequence of movements such as yoga poses, dance steps or pilates movements? International courts, scholars and copyright offices tried to give an answer to this question for some time. …
Tag: trademark
Brand identity, corporate identity and brand image: differences It is important to distinguish between corporate identity, brand identity, and brand image. Corporate identity is concerned with the visual aspects of a company’s presence. When companies …
Album Cover and right of publicity (By Nathan Solis) SANTA ANA, Calif. (CN) – A father of two sued rapper Cardi B in federal court Thursday, claiming she used his likeness without his permission on …
The Seven-Second Rule (by David Kluft) If you are a television news producer or documentary filmmaker, you have almost certainly faced this issue. You are putting together a story about a past event, and you want to …
Image rights and Melania Trump “Just imagine how far you can go with a little bit of English,” reads the advert for the Americki Institut, an English-language school in Croatia. And now Melania Trump – …
Mr Kebab and Mister Kebap The GC endorsed the BoA’s findings that the signs in question were similar. It stated that the global assessment of the likelihood of confusion, in relation to the visual, aural …
Trade Mark LAMBRETTA Court of Justice: Orders, Judgements and Preliminary Rulings Case C-577/14P; Brandconcern BV v EUIPO and Scooters India Ltd; Judgment of 16 February 2017. RESULT: Action dismissed KEYWORDS: Proof of use, Extent of …
Unicorn Frappuccino infringed trademark for ‘Unicorn Latte’ A New York City café, The End Brooklyn, has taken on multinational coffee company Starbucks in a war over unicorns. Filed at the US District Court for the …
Eagles File Trademark Suit Against Mexican Hotel California The Eagles are suing the owners of a Mexican hotel named Hotel California, claiming it’s capitalizing off the band’s hit song of the same name. The band …
Position Marks Although position marks are not an officially recognised category of trade marks under UK or European Union (EU) law, such ‘unconventional’ trade marks are registrable, subject to fulfilling a trade mark’s essential characteristics …
Finding a good Chinese name for luxury brands For luxury brands, finding a Chinese name that is widely accepted by different stakeholders has become increasingly complicated thanks to the fast pace of communication and the …
Taking advantage of the reputation of the earlier trade mark PEAR/ APPLE BITE R 0860/2016-5 (Cl. 9, 35, 42) – EUTM applied for Earlier trade mark (EU) RESULT Decision confirmed KEYWORDS: Conceptual similarity, Distinctive element, Due …
Coexisting Trademarks: the relationship between the European Union trade mark system and national law The relationship between the European Union trade mark system and national law is characterised by the principle of coexistence. This means …
European Convention Cinematographic Co-Production Twenty-five years after its creation by the Council of Europe, the European Convention on Cinematographic Co-Production will become more international. On January 30, during Rotterdam International Film Festival a revised Convention …
Trademark Infringement Dilemma of Luxury ‘Bong’ Maker (www.entrepreneur.com) How do you argue those counterfeit water pipes are illegal under trademark law when the original is illegal under federal criminal law? Much like BMW and Mercedes-Benz …
Copyright Ownership Film chain of title documentation Broadly, there are two legal approaches to understanding copyright, one from the common law perspective or the other from a civil law perspective. The distinction between the two …
Copyrightable elements film. The written word and the visual image aren’t the only copyrightable elements in film. Most productions use music to bolster the audience experience. Copyrightable elements film. Music Unless the music is in the …
Parodying Fashion Labels: Overview of US Trademark Law With the resurgence of so-called “parody” – whether it be Vetememes raincoats or the more recent Henry Holland designer tees and Wood Wood x Champion windbreaker jackets …
Parodies in fashion: Overview of EU Trademark Law Many designers, retailers, journalists, bloggers, etc. have taken to grouping together all of the recent (and semi-recent) garments and accessories that make use of another brand’s name …
Protecting Ideas: What can’t be copyrighted? (New Media Rights) The question you might come away with may be: what isn’t protected by copyright? Is the law just out of control protecting everything? There are several …