A blog focusing on brand issues, trademark, copyright, advertising and more.
By: Sangeetha Punniyamoorthy and Aleksandar Kaludjerovic
Trademark applications are generally examined in the order they are received by the Canadian Intellectual Property Office (“CIPO”). The rationale being that examining an application out of order creates…
Continue Reading EXPEDITED EXAMINATION NOW AVAILABLE FOR CANADIAN TRADEMARK APPLICATIONS
Authors: Alexis Fierens, Elisabeth Daem, Emma Stockman
On 17 December 2020, Advocate General (A-G) Szpunar delivered his opinion on the highly anticipated Mircom International Content Management v Telenet and others case (C-597/19) before …
Continue Reading PEER-TO-PEER FILE SHARING, COPYRIGHT TROLLS AND FAIR BALANCING OF RIGHTS KEY TAKE-AWAYS FROM THE OPINION OF A-G SZPUNAR IN THE CJEU MIRCOM V TELENET AND OTHERS CASE
By Alexis Fierens, Kristof De Vulder and Heidi Waem
Software licensing audits are commonly used by software vendors to verify compliance with the terms and conditions of software license agreements. Software license agreements typically…
Continue Reading Software licensing audits – common pitfalls
By: Alexis Fierens and Gert-Jan Fraeyman
On June 11, 2020, the Court of Justice of the European Union (“CJEU”) issued an important decision in relation to a request for a preliminary ruling from…
Continue Reading CJEU CONFIRMS THAT ORIGINAL FUNCTIONAL SHAPES MAY OBTAIN COPYRIGHT PROTECTION
By: Alexis Fierens, Heidi Waem, and Thomas Gils
On 2 April 2020, the Court of Justice of the European Union (“CJEU”) issued an interesting decision in relation to a request for a preliminary…
Continue Reading IP UPDATE: RECENT DEVELOPMENT IN EU COPYRIGHT LAW: STIM & SAMI V FLEETMANAGER SWEDEN AB & NORDISK BILUTHYRNING AB (C-753/18)
By: John Wilks and Ella Castle
Continuing their focus on the online gambling sector during lockdown, the UK Committees of Advertising Practice (CAP) have published an Advice Note to all GB-licensed gambling operators in relation…
Continue Reading UK: ADS ON SOCIAL MEDIA FOR E-SPORTS BETTING COME UNDER THE MICROSCOPE
By: Raf Schoefs and Thomas Gils
The Court of Justice of the European Union (CJEU) ruled that the failure to comply with a clause relating to intellectual property rights in a software license agreement must …
Continue Reading EU: INFRINGEMENT OF SOFTWARE LICENSE AGREEMENT CAN RESULT IN AN INTELLECTUAL PROPERTY INFRINGEMENT
By: Melinda Upton, Jessie Buchan, Valiant Warzecha, and Alexandra Moore
The Federal Court of Australia (FCA) recently handed down its decision in the case that all Australian burger lovers have…
Continue Reading AUSTRALIAN BURGER CHAIN BITES OFF MORE THAN IT CAN CHEW: LEARNINGS FOR FOREIGN BRAND OWNERS FROM IN-N-OUT BURGERS, INC V HASHTAG BURGERS PTY LTD & ORS [2020] FCA 193
By: Michael Geller
The USPTO has shifted course on a new rule which required applicants and registrants to provide a company-monitored email address for trademark filings. The USPTO’s new rule met strong criticism from various…
Continue Reading UPDATE: USPTO REVERSES COURSE ON EMAIL ADDRESS RULES
By: Michael Geller
In yet another new rule change, starting February 15, 2020, the US Patent and Trademark Office will require that all applicants, registrants and TTAB parties provide an email address for the party…
Continue Reading NEW USPTO RULES REQUIRE FILERS PROVIDE AN INTERNAL EMAIL ADDRESS
