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The Brand Protection Blog

Covering the legal developments impacting your brands

Advertising

(Un)conscious Marketing: Is green really the new black?

By Georgina Hey (AU) on February 28, 2023

As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s (ACCC) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental claims and sustainability. In a recent speech at the Sydney Morning Herald Sustainability ... Continue reading

Raising our (Ad) Standards: What environmental claims have Australian regulatory bodies deemed acceptable (or not)?

Québec French Language Law Reform: Upcoming Changes for Businesses

Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know

Copyright

Is “A Change [] Gonna Come”?: Music Publishers Sue AI Startup Anthropic for Copyright Infringement

By Ani Galoyan (US) on November 17, 2023

The Lawsuit Another week, another lawsuit against generative AI. This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of ... Continue reading

U.S. Supreme Court Agrees to Hear Case on Application of the Discovery Rule on Damages

NFTs and IP – Your opportunity to comment

Overview of IP Law In Canada – The Intellectual Property Review

Counterfeiting

A New Progress: China Issues Judicial Interpretation for Applying Punitive Damages in Intellectual Property Infringement Cases

By Justin Davidson (HK) on July 22, 2021

Since 2013, China has gradually introduced the concept of punitive damages in the amendments to several laws on intellectual property rights, in which the elements of punitive damages were also stipulated, namely the infringement has to be “intentional” or “malicious” and “serious”. In 2020, the Civil Code was officially adopted, ... Continue reading

Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know

Are golf polos out of tune with the law?

The Quebec Superior Court declines to issue a Norwich order to identify the supplier of grey market perfumes

Trademark

Sweeter than Watermelon: When are Fruit Designs Functional?

By Nathan Mannebach (US) on September 29, 2023

The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s (“PIM”) trademark for “the shape of a wedge for candy, with an upper green section with white speckles, followed by a narrow middle white section and followed by a lower red section with white speckles” because “the whole trade ... Continue reading

Reverse Confusion: A Lesser Known Approach to Analyzing Likelihood of Confusion

TTAB Confirms Characters Can Be Registered as Trademarks If The Characters Function as Trademarks

Whirlpool Wins Appeal Against Chinese Manufacturer in KITCHENAID Trademark Lawsuit

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