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Category: Trademark

How Russian minister of culture resolved the dispute with copyright in popular cartoons between Danone and “Souzmulfilm”

There are a lot of popular Russian cartoons in Russia. Such cartoons have been produced in soviet times. Therefore almost nobody has cared about copyright. With appearance of private capital the copyright became a very important thing. Therefore the matter of copyright ownership suddenly arisen for some companies. Their business bases on copyright. Without rights in content the existence of such companies does not make a sense.

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How one word can “streamline” confusion of trade names, companies and even marks?

Streamline Production Systems, Inc. (SPSI) was established in 1993 by Michael Renick in Beaumont, Texas. SPSI initially began as an oilfield services company. In 1997, SPSI began custom fabricating pressure vessels, and today, it produces a range of custom fabricated natural gas processing equipment, such as gas separators, heat exchangers, re-boilers, and pressure vessels, and sells that equipment to customers nationwide, in addition to continuing to provide oilfield services and repair.

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New amendments in Russian law for owners and holders of trademarks

According to amendments if the right holder and infringer of exclusive right are legal entities and/or individual entrepreneurs and the dispute between them is subject to jurisdiction of commercial court, before to bring a lawsuit seeking compensation or damages, the person, intending to sue, must send to defendant a complaint. If the complaint stays without answer within 30 days following the day when the complaint has been sent, the plaintiff has the right to bring a suit.

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The stronger trademark is, the better for its protection

Grayson O Company, a haircare product manufacturer and holder of a registered trademark, brought trademark and unfair competition action against Agadir International LLC, a competitor haircare product manufacturer. The district court granted summary judgment to Agadir, finding that Grayson O had failed to show the marks were likely to be confused. Appeal court affirmed.

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It was proposed to register traditional Russian patterns as trademarks

Russian Association uniting participants of art-industry marketplace (AURA) and National union of folk art-craft (NSHP) have proposed to Russian ministry of trade (MinTorg) to register graphical elements, typical to Russian folk craft, as trademarks. These two professional organisations along with MinTorg consider and discuss opportunity to protect traditional Russian pattern in Russian marketplace.

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The Intellectual Property (Unjustified Threats) Act 2017 Business Guidance – statutory test

This guidance gives a general overview of the changes, almost all of which are expected to come into effect on 1 October 2017. The Act aims to improve the balance between a rights holder’s ability to protect their IP right while providing adequate protection to persons affected by unjustified threats.

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Verb use does not automatically constitute generic use

A claim of genericness or “genericide,” where the public appropriates a trademark and uses it as a generic name for particular types of goods or services irrespective of its source, must be made with regard to a particular type of good or service. Verb use of the word “google” to mean “search the internet,” as opposed to adjective use, did not automatically constitute generic use.

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Popular Russian “Ural dumplings” lost their trademark in court

“Ural dumplings” are very popular in Russia and their brand is recognizable. Therefore for them it was very important to keep control over trademark. But the last court decision has been concluded not in their favour. “Ural dumplings” LLC filed complaint to Moscow commercial court and asked to admit trademark agreement, concluded with First Hand Media LLC, as null and void. Ural dumplings wanted to get back their trademark.

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Don’t confuse unauthorised copying with trademark infringement

Plaintiff Slep-Tone Entertainment Corporation produces karaoke music tracks. The tracks are marketed under the trademark “Sound Choice.” Plaintiff releases them on compact discs encoded in a format known as “CD-G,” which accompanies karaoke music with graphics, lyrics, and singing cues when played on compatible equipment.

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Catherine Stihler’s opinion on EU IPR enforcement action plan

Enforcement of intellectual property rights (IPRs) is not merely a driver for jobs and growth across the Union but is essential for the proper functioning of the single market, especially in view of factors such as share of EU GDP, employment, and the range of industries which benefit from and exploit IPRs, and plays a key role in stimulating innovation, creativity, competitiveness and cultural diversity.

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