Week’s news headlines – fev. 27th 2015

Fifty Shades of Trademarks

Millions have flocked to movie theaters to watch the much anticipated movie Fifty Shades of Grey based on the trilogy by E L James. Whether or not you are into this kind of thing, there is no denying the success of the book franchise and the licensing empire that has followed.  Fifty Shades Limited (which is the books’ rights holder) has 22 trademark registrations and active pending applications filed here in the United States, and no doubt more filings internationally.

Saiba mais em: http://www.trademarkologist.com/201

 

 

Washington Considers Updating Copyright Law in Wake of Music Royalty Lawsuits

Following in the wake of last year’s copyright infringement lawsuit against Sirius XM brought by members of the 1960′s band The Turtles, so many other rights holders have filed suit (or threatened to do so) against online music streaming services that Washington policymakers are considering revamping America’s copyright laws. The most recent entrant into the copyright infringement fray is Zenbu Magazines, which owns copyrights on many pre-1972 songs popularized by recording artists Hot Tuna, New Riders of the Purple Sage, and the Flying Burrito Brothers.

Saiba mais em: http://www.hartkinglaw.com/2015/02/washing

 

 

Macy’s Tries Again To Win Back Trademarks From Man Who Resurrected Astro Pops And Hydrox

When Macy’s Inc. swallowed up a slew of department stores across the land — from Marshall Field’s to Filene’s, Abraham & Straus to Jordan Marsh — it rebranded many of them, turning the formerly regional chains into Macy’s stores. But in a new lawsuit brought by the company that echoes a suit from 2011 that was slated to come to trial soon, Macy’s says the California company behind the resurrection of Hydrox and Astro Pops is infringing on trademarks it held for many of those recognizable brand names.

Saiba mais em: http://consumerist.com/2015/02/26/mac

 

 

Canada: The Importance Of Trademark Clearance Searches In Brand Development

A recent news story involving an advertising campaign to promote tourism in Canada’s Yukon Territory vividly illustrates the importance of integrating experienced trademark counsel early in the brand development process.

Saiba mais em: http://www.mondaq.com/canada/x/378162/Trademark/The

 

 

Marcia C. Smith: Taylor Swift trying to trademark ‘Shake it off’, ‘This Sick Beat’? Now she’s battling Costa Mesa company

It caught me by surprise when I found myself knowing the lyrics and singing along to a pop song by – I’m still aghast – Taylor Swift.
Somehow, the 25-year-old country-turned-pop singer had secretly infiltrated my musical consciousness despite my being 42 and not very pop.
Also, unbeknownst to me, T. Swizzle has been trying to lay claim to vast segments of my vocabulary by owning, or seeking to trademark, phrases that might come up in everyday conversation or even this column.
It’s a quest that might matter to a Costa Mesa clothing company and, frankly, the world.
I can’t just freely “Shake It Off.”

Saiba mais em: http://www.ocregister.com/articles/swift-652

 

 

Ford, Sriracha, Lynch, Amazon, Gao: Intellectual Property

The Ford Motor Co. has applied for a patent on a car that can also become a bicycle.

Application 20150035250, published Feb. 5 in the database of the U.S. Patent and Trademark Office, covers a motor vehicle configured to house a removable collapsible bicycle. The bike is put together using components of the automobile, including a spare wheel, a removable headrest and a jack.

Saiba mais em: http://www.bloomberg.com/news/articles/2015

 

 

El registro de marcas y patentes se suma a la tendencia online

El registro online de marcas y patentes aumenta de manera llamativa frente al registro en papel.

Según las estadísticas recogidas en la Oficina Española de Patentes y Marcas (OEPM), en los últimos años se ha producido un incremento considerable de los registros online de marcas y patentes con respecto al formato papel. Las estadísticas oficiales para el año 2014 destacan que el registro online de marcas alcanzó un porcentaje del 70%, mientras que el 65% de los registros de patentes se tramitaron también vía telemática.

Saiba mais em: http://tecnologia.elderecho.com/tecnologia/propiedad

 

 

Don’t video your friends running — it’s intellectual property theft

Sports fans visiting huge coliseums are fairly accustomed to having their YouTube videos of the game removed. Expensive sports tickets typically contain prohibitions against shooting vids in the venue (and that’s a debate in itself).

Saiba mais em: http://boingboing.net/2015/02/24/dont-vi

 

 

Protecting your big ideas with intellectual property insurance

For today’s innovators and entrepreneurs, a great idea can be a fast track to a great fortune. This could mean an inadvertently successful glitter-mailing business or being part of a multi-billion dollar acquisition by Facebook. Still, whether your idea requires a tub of shiny sprinkles or the hottest new messaging app, they all started out as a concept. For various start-up and high-tech companies, a lot of their book value is represented by intangible assets in the form of intellectual property.

Saiba mais em: http://www.growthbusiness.co.uk/growin

 

 

STARTUP 101: INTELLECTUAL PROPERTY IS NOT A FUNDAMENTAL HUMAN RIGHT

As Odun mentioned previously, Tom worked on the branding of the product. He designed the logo which was a lot of work as Tina continued to ask for revisions until they both agreed on one that satisfied them both. Tom worked with one of his friends, Timothy on the logo and had to pay Timothy for his services. Timothy is a freelancer and graphic designer and as at the time of designing the logo, consulted with an advertising agency. Timothy did some of the logo design during office hours with the agency’s iMac, as he needed some functionalities of an iMac, which he didn’t have on his laptop at home.

Saiba mais em: http://techcabal.com/2015/02/20/startu

 

 

Future Of Software Patents In Doubt After Supreme Court Decision Last Year

Software patents and the U.S. patent system could be seeing more major changes after the U.S. Supreme Court ruled on a software patent case last summer. The case, Alice Corporation v. CLS Bank International , ended with the Supreme Court telling lower courts to take a closer look at “computer-implemented abstract methods” according to a recent piece on TechCrunch. The two companies involved in that case had some software that was being used to settle their books at the end of a day of trading.

Saiba mais em: http://androidheadlines.com/2015/02/fut

 

 

Be Careful How You Design that Website

Trade dress is one of those legal concepts that is harder to explain than it is to illustrate. When I try to explain it to clients, I usually reach behind my desk and grab a Coca-Cola bottle, the kind with the metal bottle cap, the fluted, curved design, the distinctive ribs and the bright red and white label. It has a very specific and unique “look and feel.”

Saiba mais em: http://www.hartkinglaw.com/2015/02/b

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NEW RULES IN BRAZIL FOR COLLABORATIVE AGREEMENTS

Beginning January 3, 2015, Resolution No. 10/2014 issued by the Administrative Council of Economic Defense, known by its acronym in Portuguese CADE, went into effect, establishing  instances where collaborative agreements shall be submitted to CADE, in order to improve the application of Competition Law No. 12,529/2011.The Resolution is applicable to collaborative agreements with terms longer than two years, where there is horizontal or vertical cooperation, or risk sharing between the parties, which results in an interdependent relationship.

 

The mentioned Competition Law already requires that all agreements deemed “economic concentration acts” shall be submitted before CADE for approval. Before the Resolution, the understanding on collaborative agreements was obscure, leading to doubts on whether it was necessary to submit specific agreements for previous approval by CADE.
For that reason, considering the multitude and variance of contract negotiation that companies engage in, the new Resolution serves as a guide to restrict the situations in which collaborative agreements would be required to be submitted for prior approval from CADE.

 

The definition of collaborative agreements in Brazil is broad and does not depend on whether these agreements involve actual payment from one party to another. Furthermore, trademark and patent licenses, transfer of know-how, technical assistance agreements, as well as cooperation agreements for R&D, may all be considered as collaborative agreements and have the beginning of their effects suspended until CADE approves them, which, according to the law, may take up to 240 days from the date of filing.

 

For more details please feel free to contact us:

diblasi@diblasi.com.br

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