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Category: Trademark

You can’t copyright a pose, even if it is renowned like in Jumpman logo

Rentmeester’s photo

This is a copyright infringement action brought by the photographer Jacobus Rentmeester against Nike. The case involves a famous photograph Rentmeester took in 1984 of Michael Jordan, who at the time was a student at the University of North Carolina. The photo originally appeared in Life magazine as part of a photo essay featuring American athletes who would soon be competing in the 1984 Summer Olympic Games.

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The Russian court awarded 3.7 billion Roubles for trademark infringement, but there is no winner

One Russian publishing house has registered a trademark depicting a Russian letter “Ф” in the form of globe. The sign means that the schoolbook complies with federal state educational standards. This publishing house has filed against another Russian publishing house for trademark infringement. The plaintiff asserted defendant marketed approximately 600 types of production (about 5 mln copies) with plaintiff’s image, depicting on cover, substantially similar to plaintiff’s trademark.

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Deputy of Russian prime-minister upheld draft law providing the exhaustion of trademarks rights as answer to USA sanctions

Arkady Dvorkovich, the deputy of Russian Prime Minister Dmitry Medvedev, gave interview to Russian state channel Russia24. In this interview he has underlined that proposed draft law, providing exhaustion of rights in trademarks owning or controlling by USA companies, enshrines tools for reciprocal actions. But these tools must be used very carefully.

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Russian government proposed to exhaust USA trademarks rights in Russia as the answer to USA sanctions

The Russian government has decided to introduce its own sanctions as answer to USA’ sanctions and has proposed new law. The aim of draft law is to protect the national interests and security of Russia, the rights and freedoms of Russian citizens by way of measures preventing unfriendly and illegal action of foreign countries. The measures, provided in draft law, are mandatory for Russian state and local authorities, for Russian citizens and for legal entities under Russian jurisdiction.

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Is the shape of a London taxi a valid registered trade mark?

The claimant and appellant The London Taxi Corporation Limited (“LTC”) contends that it can be. It further contends that the defendants and respondents Frazer-Nash Research Limited (“FNR”) and Ecotive Limited (“Ecotive”) threaten to infringe two of its registered trade marks (“the LTC marks”) which depict models of its taxis, by launching a new London taxi, the new Metrocab.

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Can an artwork, going to be a public domain, be registered as a trademark?

Oslo Municipality applied for trade mark protection for a number of artworks that will become freely available under the Norwegian Copyright Act. Oslo Municipality applied for trade mark protection with regard to several artworks of the oeuvre of Gustav Vigeland, one of the most eminent Norwegian sculptors. Following the refusal to register some trademarks the municipality has appealed.

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UK IPO seeks evidence for consultation on implementation of the EU Trade Mark Directive

The UK Intellectual Property Office (IPO) is responsible for the trade mark system in the UK. This includes examination of trade mark applications and the registration of trade marks for those applications which comply with the requirements of the Trade Marks Act 1994 (“TMA”) and the Trade Mark Rules 2008 (the “Rules”).

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For wide expansion in foreign market trade mark has to be famous?

CJSC “Roust Inc.” is the proprietor of a number of trade mark registrations for marks comprising or including the word mark RUSSIAN STANDARD. The registrations cover a wide variety of goods and services including vodka. Russian Standard, Inc. uses some domain names, such as russian-standard.com, russian-standard.net, russianstandart.com and russianstandart.net, to offer its services.

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Some issues with trademark when it consists of surname

Kerry Earnhardt is the co-founder and CEO of KEI, the son of Dale Earnhardt (a professional race car driver who passed away in 2001), and the stepson of Teresa Earnhardt. In addition to racing cars professionally from 1992–2006, Kerry Earnhardt has developed other business ventures through KEI, including the EARNHARDT COLLECTION lifestyle brand. KEI has licensed the mark EARNHARDT COLLECTION to Schumacher Homes, Inc. for use in connection with custom home design and construction services.

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