Trends and Transformations in Copyright & Trademark

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  1. Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law

    Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law


     
     Introduction by Andrew Berger
    I am pleased to introduce Robert Cumming who I have enjoyed meeting at INTA and whose blog posts at.www.robertcumming.eu I read with interest.
    Robert is an experienced IP lawyer with Appleyard Lees, a 32-person firm of European patent and trade mark attorneys.  With a litigation background and qualifications as an English solicitor, Registered UK and European trade mark attorney and Trade Mark Litigator, Robert is just as happy advising on contentious matters as prosecution, strategy and licensing.  He has written and presented on keyword advertising and is working with INTA on a global report analysing the use of survey evidence in trade mark litigation.

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  2. Determining Genuine Use of a CTM in the EU after ONEL

    Determining Genuine Use of a CTM in the EU after ONEL

     

    Another issue that came up in a Table Topics discussion I moderated at INTA earlier this month was what constitutes genuine use sufficient to sustain a CTM in the European Union (EU). We briefly touched on Merken v. Beheer (better known as  ONEL) recently decided by The Court of Justice of the European Community (CJEU).
    Again because ONEL might not be well known to practitioners outside the EU I decided to summarize it and the guidance it provides.

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  3. Translating IP Translator For US Mark Holders Filing in Europe

    Translating IP Translator For US Mark Holders Filing in Europe

    I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the issues that came up was Chartered Institute of Patent Attorneys v. The Registrar of Trademarks known as IP Translator (decision here). The case continues to cause problems for Community trademark filers seeking a community trademark (CTM) in the European Union (EU).

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  4. The Art of the Deal: How to Draft and Negotiate an IP Deal; Part I

    The Art of the Deal: How to Draft and Negotiate an IP Deal; Part I

     
     
    I recently spoke at a CLE at my firm about how to successfully draft key provisions in an intellectual property license and negotiate them. Here is an edited transcript that I post in two pieces. In this first one I offer suggestions about drafting warranties, indemnities and limitations of liability and I also provider some drafting tips.

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