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Week’s news headlines – sep. 19th 2014

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Is It Legal to Use One Trademark to Describe Another Product?

An interesting reprint of a blog post by Zachary Strebeck over at Gamasutra attempts to explain whether someone can get away with using someone else’s trademark in marketing their own games. For example, would it be legal to say that your game is “like DOOM with a bit of Oblivion and Borderlands mixed in?”

Saiba mais em: http://gamepolitics.com/2014/09/15/it-legal-use

 

 

Victoria’s Secret Infringes Thomas Pink’s Pink Trade Marks

On 31 July 2014, Birss J handed down a judgment of the High Court, finding that famous lingerie brand Victoria’s Secret had infringed registered trade marks owned by high street shirt retailer, Thomas Pink. The court’s judgment considers numerous interesting aspects of trade mark law, including infringement, validity and non-use.

Saiba mais em: http://www.mondaq.com/x/339870/Trademark/Victorias

 

 

Intellectual Property in Trade Agreements

Tom Giovanetti of the Institute for Policy Innovation, who spoke at a Cato event we held earlier this year, has a new essay arguing that intellectual property protection should be included in trade agreements. He makes several points, but I’m going to focus on just one.  He states:

Saiba mais em: http://www.cato.org/blog/intellectual-property-trade-agreements

 

 

Criminal Intellectual Property Prosecutions and Corporate Police Work

The Center even has a video where the director waxes self-righteous about the loss of American jobs by people bringing in purses, DVDs, and t-shirts made overseas. I don’t really think we make those products in the United States anymore. I think there are two kinds of people making them — folks overseas making them for the entity that owns the intellectual property rights, and folks overseas making them for an entity that doesn’t own the intellectual property rights.

Saiba mais em: http://abovethelaw.com/2014/09/criminal-intelle

 

 

Canada: Granting Trademark Protection To The Design And Layout Of Retail Stores

n May 12, 2010, Apple Inc. (“Apple”) filed two applications for marks that are described mainly as the design and layout of a retail store.2 The United States Patent and Trademark Office (the “USPTO”) granted registration on January 22, 2013. The trademarks are each represented by a three-dimensional representation of the front and inside of an Apple store. One of the representations is in black and white and the other is in colour and includes steel gray.

Saiba mais em: http://www.mondaq.com/canada/x/341242/Trademark/Granting

 

 

‘Let’s Take a #Selfie,’ Said the Monkey: A Case of Questionable Copyrights

A recent monkey “selfie” took the media by storm, wowing the web and going viral on every major news site from the BBC to The Huffington Post. Circles of internet whisperers across the globe debated whether the photo’s copyright belonged to British wildlife photographer David J. Slater or, in fact, a crested black macaque who happened to snap the photo.

Saiba mais em: http://www.wired.com/2014/09/questionable-copyrights/

 

 

New anti-piracy initiative launched in the UK to curb illegal downloads and file-sharing

Piracy remains a serious problem in the UK with Ofcom  reporting that one in four downloads in the UK in 2013 were pirated. The effects of piracy are significant and far reaching and the entertainment industry has complained of the negative impact on the economy and creativity. Further, the effects of piracy may also be felt by the public at large as rights-holders look to recuperate the resultant shortfalls in revenue by increasing prices of legitimate material or reducing staff numbers.

Saiba mais em: http://www.lexology.com/library/detail.aspx?g

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