Tag archives: licensing

Supreme Court settles trademark Circuit split

By Susan Ross (US) and Joy Wang (US) on May 23, 2019 Posted in Trademark

On May 20, 2019, the US Supreme Court ruled that a licensor’s rejection of a trademark license in bankruptcy does not terminate the licensee’s right to continue using the licensed mark. Mission Product Holdings Inc. v. Tempnology LLC, 587 US __ (2019). The decision brings trademarks into alignment with how patents and copyrights are already … Continue reading

Maximise your IP to enhance franchise value

By Georgina Hey (AU) and Laura Simonds (AU) on May 18, 2017 Posted in Copyright, Trademark

Franchising is, in essence, a business model built on intellectual property (IP) – it provides a useful forum for commercialising IP. Franchisors gain by sharing use of their IP (including trade marks, patents, designs, copyright materials, know-how and/or confidential information) in return for a fee, and franchisees benefit by obtaining the benefit of an established … Continue reading

Beware the ghost of handshakes past – Could your IP licence survive termination?

By Frances Drummond (AU) on May 18, 2017 Posted in Trademark

What happens when an IP licence agreement is terminated? The obvious answer would of course be that the licence terminates too. However, as the latest instalment in an ongoing saga involving the well-known PINK LADY brand of apples reminds us, imprecisely drafted licence agreements may come back to haunt unsuspecting licensors. How do you like … Continue reading

“Sue me already” – Analyzing Kanye’s (In)Famous Video (Part III)

By Saul Perloff (US) on July 12, 2016 Posted in Trademark

Over the past week, the Brand Protection Blog has reviewed the different legal claims unwitting stars of Kanye West’s “Famous” video might assert the rap artist. In Part I, we analyzed claims for Trademark Infringement. In Part II, we took a look at claims for False Endorsement. Today, we consider whether the “Famous” video violates celebrities’ rights … Continue reading

Take a bow: Rihanna victorious in English passing off claim

By Jonathan Ball (UK) on September 5, 2013 Posted in Trademark

The use of the pop singer Rihanna’s image on T-shirts sold by Topshop has been found to amount to the English tort of passing off. The T-shirts went on sale in March 2012 and bore a photograph of Rihanna taken during the filming of her “We found love” video in 2011, which was subsequently used … Continue reading

Fifth Circuit Cites Laches as Properly Barring Recovery of Monetary Damages in Trademark Infringement Suit

By Katharyn Grant (US) on December 14, 2012 Posted in Trademark

Last Thursday, a panel of the Fifth Circuit affirmed a ruling from the Northern District of Texas partially enjoining a Texas company’s sale of ceremonial paddles decorated with the unlicensed insignia of 32 fraternities and sororities. In the lower court, a jury found the college organizations were lax in seeking to enforce their trademark rights … Continue reading

From Keywords to Naked Licensing: Notable Trademark Law Developments and Trends

By Lisa Salazar (US) on August 30, 2012 Posted in Trademark

On August 21, Fulbright IP attorney Christopher Kindel presented at the Austin Intellectual Property Law Association luncheon. Discussing “From Keywords to Naked Licensing,” Kindel gave an update on notable trademark law developments and trends. To view his presentation, visit the Austin IPLA web site and download his presentation.… Continue reading

Creative Commons License 4.0 comment period expires September 2012

By on August 24, 2012 Posted in Copyright

Creative Commons, a “global nonprofit organization dedicated to the sharing and reusing of creativity and knowledge through free legal tools,” has published the second draft of its Creative Commons licenses (the “CC Suite”), dubbed “4.0.” The CC Suite is a set of free copyright licenses granting permission to licensees to use and adapt content, including … Continue reading