M&S v. Aldi: a ‘refreshing’ reminder of the benefits of design protection
Trademark Lawyer Magazine
by Ellen Peet
1w ago
Published Marks and Spencer Plc (M&S) brought an infringement action against Aldi Stores Limited (Aldi) based on its UK-registered designs for gin bottles containing gold flakes and an integrated light. M&S launched its product in Autumn 2020, with Aldi launching its own gin bottles containing gold flakes and an integrated light in November 2021. Decision of 31 January 2023 Judge Hacon upheld the infringement claim and issued an order granting M&S relief for the infringement. However, before we consider Aldi’s appeal, it is worth reviewing the background of the case.  Re ..read more
Visit website
Guangzhou court finds that generative AI infringes copyright
Trademark Lawyer Magazine
by Ellen Peet
1w ago
Published It has been a big month for generative AI-related copyright litigation, culminating in news that authors have issued class action litigation against Nvidia, on the basis that Nvidia’s NeMo platform was trained on a dataset that included copyright works. Further afield, however, the first judgment on the infringement of copyright works by generative AI has been handed down in China. The Guangzhou Internet Court reportedly found that a generative AI platform had infringed rights owned by Tsuburaya Productions, the owner of copyright relating to the Japanese sci-fi franchise Ultraman ..read more
Visit website
Back-and-forth with USPTO stymies OpenAI’s bid to register CHATGPT
Trademark Lawyer Magazine
by Ellen Peet
1w ago
Published You may be surprised to learn that ChatGPT—the name for OpenAI’s ubiquitous AI-powered chatbot—is not registered with the United States Patent and Trademark Office (USPTO). Not yet, at least. Since December 2022, OpenAI has been involved in a back-and-forth with the office over its application to register CHATGPT. Originally filed under Trademark Act Section 1(b) in December 2022, OpenAI submitted a specimen to allege use in commerce in March 2023. The USPTO accepted OpenAI’s use amendment on May 25, 2023, examined the application, and issued a Non-Final Office Action on ..read more
Visit website
Hogar Controls gets relief from Delhi High Court on trademark matter
Trademark Lawyer Magazine
by Ellen Peet
2w ago
Published Hon’ble Delhi High Court has given a relief order in favor of Vishnu Reddy Hyderabad, 7 March 2024 – Hogar Controls, a leading global IoT company renowned for its design-centric approach and robust smart home solutions, has got an injunction order in the trademark case against its former directors Vijay Kumar Anadasu (Yash), Karun Kumar Anadasu (Karan Kumar), and others.  Hon’ble Delhi High Court pronounced the injunction order in favor of Hogar Controls citing the former directors’ inability to present a compelling case and as they further failed to provide sufficient evidenc ..read more
Visit website
UK Government abandons plans for voluntary code of conduct for AI
Trademark Lawyer Magazine
by Ellen Peet
2w ago
Published It is terrifying to think, considering how pervasive it now seems to be, that artificial intelligence (AI) exploded into the public consciousness only a couple of years ago. Less surprising are the copyright concerns and questions that swiftly followed. The recent UK Government response to the White Paper consultation confirmed that a voluntary code is not going to happen, and instead, an approach of delay and indecision seems to be the current default setting. This is a pattern we have encountered before. The emergence of new technology over the last 20 years has been accompanied ..read more
Visit website
Registrations for INTA’s 2024 Annual Meeting surpass 6,500
Trademark Lawyer Magazine
by Ellen Peet
3w ago
Published New York, New York—March 5, 2024—As preparations begin to take shape for its 146th Annual Meeting, the International Trademark Association (INTA) hit a milestone today with over 6,500 brand owners and professionals, government officials, business leaders, and academics from 120 countries registered to participate in the global intellectual property (IP) community’s premier event of the year. The 2024 Annual Meeting takes place in Atlanta, Georgia, May 18–22.  With the Annual Meeting returning to the US this May, it is not surprising that North America currently leads ..read more
Visit website
International Trademark Association publishes report on IP in times of recession
Trademark Lawyer Magazine
by Ellen Peet
3w ago
Published New York, New York—March 4, 2024—The International Trademark Association (INTA) has published IP in Times of Recession: A Comprehensive Guide for IP Professionals. It is essential reading for the global intellectual property (IP) community on the many and complex issues that economic uncertainty can present and provides brand owners and professionals with guidance on how to prepare for and navigate the impact of recessions on IP. The response of the IP system during the 2020 recession (which was primarily driven by the COVID-19 pandemic) demonstrated its adaptability and resil ..read more
Visit website
‘Choose Safe, not Fake’ campaign targets counterfeit beauty and hygiene products
Trademark Lawyer Magazine
by Ellen Peet
3w ago
Published The new IPO campaign highlights the serious health risks these goods pose, empowering consumers to make informed choices The Intellectual Property Office (IPO) has today launched its latest targeted awareness campaign, designed to help tackle consumer demand for counterfeit goods.  The “Choose Safe, not Fake” campaign focuses on beauty and hygiene products, with research by the IPO finding that many consumers are unaware of the risks of using these. Insight produced for the IPO to underpin the new campaign identified that consumers purchasing such counterfeits wrongly assumed ..read more
Visit website
Rolex wins injunction but no damages against BeckerTime due to laches
Trademark Lawyer Magazine
by Ellen Peet
3w ago
Published In January 2024, the US Court of Appeals for the Fifth Circuit affirmed the US District Court ND Texas’ decision that BeckerTime infringed Rolex’s trademarks but refused to disgorge BeckerTime of its profits after finding that a laches defense applied. The District Court enjoined BeckerTime from further infringement, subject to various exceptions.  This case dates back to September 2020 when Rolex sued BeckerTime alleging counterfeiting and trademark infringement of Rolex’s trademarks in connection with the advertising, promotion, service, and sales of unauthorized watches an ..read more
Visit website
Dr Bernice A King to deliver keynote address at INTA’s 2024 Annual Meeting
Trademark Lawyer Magazine
by Ellen Peet
3w ago
Published New York, New York—February 27, 2024—The International Trademark Association (INTA) is proud to announce Dr Bernice A King as the keynote speaker for its 146th Annual Meeting, taking place in Atlanta, Georgia, May 18-22, 2024.  Close to 6,000 people have already registered for the 2024 Annual Meeting, among them brand professionals, business leaders and owners, government officials, and academics from 119 countries. Atlanta provides a perfect backdrop for the world’s premier intellectual property (IP) event of the year, with more than 10,000 registrants expected to partic ..read more
Visit website

Follow Trademark Lawyer Magazine on FeedSpot

Continue with Google
Continue with Apple
OR