IP Updates March 1, 2011

Trademark Law

Latest jurisprudence

E.Y Industrial Sales, Inc. v. Shen Dar Electricity and Machinery, G.R. No. 184850, October 20, 2010

• A registered trademark owner’s certificate of registration may be cancelled even that trademark owner is the complainant in a petition for cancellation of an adverse trademark. You can fall on your sword, so to speak.
• A Declaration of Actual Use (requirement for trademark registration) although notorized, hence a public document, must be accompanied by proof of actual use as of the date claimed. The trademark owner must, therefore, present evidence of such actual use.
• An earlier valid trademark registration may still be cancelled upon proof of prior and continuous use by rival trademark applicant.
• Evidence of prior and continuous use of the mark or trade name by another can overcome the presumptive ownership of the registrant and may very well entitle the former to be declared owner in an appropriate case. When the applicant is not the owner of the trademark being applied for, he has no right to apply for registration of the same

Latest News from the Web

Hopefully, you were not on the list

Just because your name is John Doe and you “downloaded” the latest Hustler video doesn’t entitle you to be joined as defendant in common with other porn connoisseurs. http://bit.ly/gypBnA

Pick up line in a song can’t be used by a woman

Britney Spears (she is back somehow) is being sued by a couple of cowboys from Nashville. The cowboys claim that the former teenager pop star used their song title without permission. http://bit.ly/fjkKXL

Being “single” is exclusive for Facebook

In an effort to monopolize your relationship status, Facebook is trying to cancel three U.S. patents on “human relationships registering system.” http://bit.ly/gTK8GU

You can sue without your pants on!

The famous Naked Cowboy of New York is suing CBS because a soap opera has used a “likeness” in a scene in one episode. http://bit.ly/fc6rVx

Anyone can use Betty Boop now!

The family of the creator of the Betty Boop character has lost its standing to sue any alleged infringement. Lesson learned: Document all transfers and licenses. http://on.wsj.com/eIaq8N

February 17, 2011 Updates

Trademark Law

Trademark protection is virtually perpetual in the sense that the registration can be renewed every ten (10) years.

Sec. 146. Renewal

146.1. A certificate of registration may be renewed for periods of ten (10) years at its expiration upon payment of the prescribed fee and upon filing of a request.

Latest News from the Web

When there is a Will, there is a TRO
The nasty fight between Willie Revillame and ABS-CBN got nastier when the losing network resorted to the judicial personalities. CLICK HERE

Copyright trolling maybe good business
There is a hidden practice of some scrupulous men of buying up copyrights of naïve owners and then suing those that use the work. Much like a user car salesman taking credit for a “new” car sale. CLICK HERE

Sony vs. LG. This isn’t a price war
The market for “smart phones” has led the mega companies to duke it out in the U.S. courts. They are trying to pick up the scraps left by the company named after a fruit. CLICK HERE

Four stripes and you are out!
A fourth stripe on a shoe was concluded to possible confuse the Italians between Adidas and the other “brand”. But what about the 5 stripe Kwiss? CLICK HERE

Ford beat Ferrari in F1!
The “F” really is worth a lot of money these days. While our censor prevent us from using “F” on air, Ford Motor Company has forced Ferarri in rethink on how they use the “F”. CLICK HERE

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Rod Vera is an attorney practicing intellectual property law. You may contact him at Phone: +63.2.829.3102; FAX: +63.2.820.1193; E-Mail: rpv@vera-iplaw.com