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
No comments:
Post a Comment