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Supreme Court settles trademark Circuit split

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By Susan Ross (US) & Joy Wang (US) on May 23, 2019

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 …

Maximise your IP to enhance franchise value

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By Georgina Hey (AU) & Laura Simonds (AU) on May 18, 2017

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…

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

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By Frances Drummond (AU) on May 18, 2017

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,…

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

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By Saul Perloff (US) on July 12, 2016

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,…

Take a bow: Rihanna victorious in English passing off claim

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By Jonathan Ball (UK) on September 5, 2013

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…

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

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By Katharyn Grant (US) on December 14, 2012

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,…

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

By Lisa Salazar (US) on August 30, 2012

Brand Protection Blog: From Keywords to Naked Licensing

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…

Creative Commons License 4.0 comment period expires September 2012

Posted on August 24, 2012

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…

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