Earlier this summer, in The Andy Warhol Foundation for the Visual Arts v. Goldsmith, the federal district court for the Southern District of New York held that Andy Warhol’s artwork series depicting the late singer Prince was...more
8/24/2019
/ Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Dismissals ,
Fair Use ,
Fine Art ,
Motion for Summary Judgment ,
Multi-Factor Test ,
Photographs ,
Transformative Use
The long awaited date for implementation of Canada’s amended Trademarks Act has been announced. The amendments will come into force on June 17, 2019, creating significant changes for trademark practice in Canada....more
From time to time, we publish updates on changes to trademark laws that may impact our readers and their IP registration and enforcement strategies. Once again, Mexico is making changes to its trademark system (recall Mexico...more
With the lifting of the International Skating Union ban on the use of music with lyrics, the Olympics in Pyeongchang is the first in which singles and pairs ice skaters can compete to music with lyrics (Ice Dancers have been...more
On July 19, 2017, the CLASSICS Act (H.R. 3301 – Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act) was introduced into the House, the purpose of which is to provide copyright...more
In a precedential opinion, the Trademark Trial and Appeal Board (TTAB) affirmed a USPTO refusal to register the trademark HERBAL ACCESS on the basis the use of the mark in commerce was unlawful under the Controlled Substances...more
The Mexican Senate’s bill establishing a Trademark Opposition System in Mexico was approved by the Chamber of Deputies on April 28, 2016. The bill was approved by the President and will become effective August 30, 2016....more
The Justice Department’s dispute with Apple related to encryption on the iPhone used by one of the San Bernardino shooters has reinvigorated the national debate on digital privacy. Though it is not clear how the California...more
As seems to be in vogue recently (see explanation of significant change to Canada’s trade mark law here) the European Union adopted legislation to overhaul its trade mark law.
The reforms are numerous and amendments to...more
The USPTO recently launched a pilot program to allow amendments in limited circumstances to the identification of goods or services in existing trademark registrations, in order to account for changes in technology formats. ...more