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Copyright Infringement and Tattoos

The US District Court for the Southern District of New York has just issued their summary judgement in a case surrounding alleged copyright infringement of NBA players tattoos. As a brief summary, Solid Oak (the claimant) holds an exclusive copyright licence in the tattoos of some NBA players (LeBron James, Kenyon Martin and Eric Beldsoe to be exact) which it had acquired from the tattoo artist tattooed these players. Take Two Interactive Software Inc (“Take-two”)…
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Burger

The value of a Trade Mark

You may have seen that McDonalds have now launched their Big Mac® sauce as a separate condiment, which I hope that I am not alone in the pure feeling of joy this brings. But this is also a great example to show the commercial value of the Big Mac® trade mark. Before we get to the numbers, let us first deconstruct the Big Mac ®. It is made up as follows: Bottom bun; Big Mac®…
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laptop

Author of copyright works – man or machine?

Copyright protection arises automatically in literary, dramatic, artistic and musical works, and is an extremely useful intellectual property right. The author of a copyright work is the person who created it. In relation to computer-generated works the author is the person by whom the arrangements necessary for the creation of the work are undertaken. But what about artificial intelligence? If a piece of artificial intelligence creates a piece of copyright work, does it mean that…
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China on a globe

New ammunition against trade mark squatters in China?

Due to the “first to file” system that operates in relation to the registration of trade marks in China, there are copious instances of trade mark squatting. This presents a major problem for those trying to protect their brands in China. However, there has been a recent development in this area. A trade mark in China, can be invalided on one of two grounds. Either on relative grounds, which means that the trade mark in…
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Blockchain

Audius – good or bad for the music industry?

You may or may not understand the full inner workings of how blockchain works – but to put it simply, a blockchain is a collection of data. The chain is created by adding these blocks in chronological and sequential order to each other.  Blockchain is most widely associated with the use of Cryptocurrency, however Audius is a blockchain based music streaming service. It promises to be an “alternative to SoundCloud” by helping artists publish, commercialise…
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EU

Is targeting consumers of a country enough to give the Courts jurisdiction?

The Court of Justice of the European Union (“CJEU”) has just confirmed in the case AMS Neve C-172/18, that the owner of an EU Trade Mark can bring a claim in the country where the infringer has offered the infringing goods for sale to consumers. This is good news for trade mark owners as well as EU trade mark courts as the jurisdiction in which action must be brought is not limited by where the…
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Briffa is a firm of leading intellectual property solicitors based in London. We’re creative, transparent and competitively priced — our highly skilled team provides the level of expertise and quick turnaround times you need to ensure your intellectual property and business interests remain protected.

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