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A Multi-Layered Approach to Packaging Protection
The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are anything but straightforward...
Read ArticleCopyright protection available to surface ornamentation of cheerleader’s uniforms: Star Athletica v Varsity Brands
On March 22, 2017, the United States Supreme Court in the case of Star Athletica LLC v Varsity Brands LLC affirmed a decision of the Sixth Circuit Court of Appeals that copyright protection could exist in surface ornamentation of cheerleader’s...
Read ArticleTHE DESIGNER FORMERLY KNOWN AS…INTELLECTUAL PROPERTY ISSUES ARISING FROM PERSONAL NAMES AS FASHION BRANDS
Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands. In the fashion...
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INTELLECTUAL PROPERTY RESOLUTIONS FOR THE C-SUITE
Innovative solutions are the foundation of almost every successful company. Tied to almost everything your company creates, every item it produces and sells, every service it provides and every way in which it is marketed, are potential intellectual...
Read ArticleCOPYRIGHT PROTECTION FOR MASS-PRODUCED ARTICLES IN THE UNITED KINGDOM
Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the period of protection for...
Read ArticleCASE 168/09 FLOS SPA v SEMERARO CASA E FAMIGLIA SPA
The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and Directive 98/71 relating to...
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