A blog focusing on brand issues, trademark, copyright, advertising and more.
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: 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 Keith Medansky, Michael Geller, Ed Chatterton, Niels Mulder, Melinda Upton and Leigh Martin
While the United States Patent and Trademark Office (USPTO) remains open, on March 31, 2020, the USPTO announced certain deadlines may be eligible for an extension if a party cannot meet its obligations due to the coronavirus disease 2019 (COVID-19) outbreak. Specific deadlines falling between March 27, 2020 and April 30, 2020 may be extended to 30 days from the initial due date if the ultimate filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.
Acceptable reasons for a delay in filing or payment include that the trademark owner or its attorney, or another person associated with the filing, was personally affected by the virus outbreak, including, without limitation, “office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances, such that the outbreak materially interfered” with the filing or payment.
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
By Aislinn Smalling and Carissa Bouwer
The increasing popularity of cannabis products has led to decriminalization and legalization of marijuana in many states and a proliferation of products containing CBD oil. But marijuana remains illegal…
Continue Reading TRADEMARKING CBD PRODUCTS: NEW GUIDELINES FOR REGISTRATIONS
By: Michael Geller
A new rule from the U.S. Patent and Trademark Office imposes a substantial new requirement on companies and individuals outside of the U.S. Starting August 3, foreign applicants and registrants must be…
Continue Reading NEW USPTO RULE REQUIRES FOREIGN PARTIES TO HAVE A U.S. ATTORNEY
