USA: Owning The Patent Isn’t Always Enough For Standing

In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio Processing Hardware, Software, and Products Containing the Same, Inv. No. 337-TA-1026, Initial Determination (Oct. 26, 2017).

Andrea Electronics Corp. (“Andrea”) filed a complaint asserting that a number of companies, including Apple Inc. (“Apple”) infringed its patents by importing certain products. It […]

By | November 1st, 2017 ||

Ireland: Putting The Foot Down – Could Christian Louboutin Red Soles Trademark Be Invalid?

On 6 February 2018, Advocate General Szpunar (AG) delivered his second opinion on Christian Louboutin’s shoes trademark. His analysis notes that a trademark combining colour and shape may be refused or declared invalid on the grounds that the trademark at issue gives substantial value to the goods.

By way of background, Christian Louboutin registered trademarks for footwear which were described as the colour red applied to the sole of a shoe as shown (the contour of the […]

By | November 1st, 2017 ||

Buying Art Doesn’t Mean You Own Rights

Q. If I paid someone to create artwork for me, does that mean I own it and can use it in any way that I want?

A: Not necessarily. The simple act of payment does not mean you own all rights, title and interest in artwork or other copyrightable work. Under U.S. Copyright law, the author (or authors) of a work is the initial owner of the work and copyright therein.

The major exception to this rule […]

By | October 28th, 2017 ||