IPTango

Thursday, 26 June 2014

Mexican food brand received high status

Patricia Covarrubia June 26, 2014 No comments:

The Mexican Institute of Industrial Property (IMPI) has recognized ‘La Costeña’ as ‘famous mark’. Up to today IMPI has issued 33 declarations of ‘famous marks’. According to the reformed Mexican Law of Industrial Property, to...

Argentina gets a bit more paperless

Jeremy June 19, 2014 No comments:

Argentina is making an impact on more than just the FIFA World Cup. IP Tango learns that the Argentine Trade Mark Office has now adopted the use of electronic certificates of registration and renewal. The...

Mexico: (fake) Brazuca in transit....

Patricia Covarrubia June 12, 2014 No comments:

Source IMPI. The Mexican Institute of Industrial Property (IMPI) reports the recent confiscation of 3,999 fake football balls -- with Brazuca's design (the official ball FIFA World Cup 2014 registered to Adidas AG). The...

Brazil World Cup 2014 news

Patricia Covarrubia June 11, 2014 No comments:

The waiting is almost over and the Cup is actually happen. Recent news about the forthcoming games has been without doubt full of controversy: stadiums not yet finished, workers been killed in construction sites; metro...

New blog on the block: Ip Lat Am

Jeremy June 10, 2014 No comments:

IP Tango welcomes another Latin American intellectual property law blog. Its name is Ip Lat Am. According to Pablo A. Palazzi (Allende & Brea, Argentina), Ip Lat Am proposes to blog news, cases and regulations....

"The Happiest Days of Our Lives": Wall of evidence keeps PINKFLOYD! off Colombian TM register

Jeremy June 10, 2014 No comments:

According to Article 136(e) of Decision 486 of the Andean Community:

“Those signs the use of which in commerce may constitute an impediment to the rights of third parties, may likewise not be registered as trademarks, in particular where:

e) [they] consist of a sign that is capable of affecting the identity or prestige of legal entities, whether non-profit or not, or natural persons other than the applicant or identifiable by the general public as being such a different person, particularly in regard to a given name, family name, signature, title, nickname, pseudonym, image, portrait, or caricature, where no consent has been obtained from that person or, if deceased, the declared heirs of that person ...”

This provision, which is not often invoked, came to the aid of vintage rock group Pink Floyd following an application for registration of the trade mark PINKFLOYD! for agricultural products (Nice Class 31). Pink Floyd (1987) -- the company established by band members David Gilmour and Nicholas Mason -- said it wanted to file an opposition even though it had no trade mark rights which could base an opposition in Colombia. Its only hope therefore was Article 136(e). Evidence of the group's history, sales, musical achievements, events, concerts, press articles, contracts and trad emark registrations in other jurisdictions was filed in order to prove that the band's name enjoyed worldwide recognition and that the members of the company had rights over it. This evidence was accepted by the Colombian Trademark Office, which concluded that the level of recognition of the band name transcended the language barrier and that Pink Floyd was well known by the Colombian consumer public -- even though the meanings of the English terms ‘pink’ and ‘Floyd’ were not common knowledge in the country.

On this basis, the opposition succeeded. The sign applied for and the name in conflict were confusingly similar, since the inclusion of an exclamation mark at the end of the sign was not sufficient to make it distinctive and any consumer could be confused as to the origin of the goods, due to the evident association with the band. Moerover, use of the mark PINKFLOYD! for the goods covered by the application in Class 31 would affect the identity and prestige of Pink Floyd (1987).

Source: "Pink Floyd successfully defends name without prior trademark registration" by Laura Michelsen and Andrés Medina (Triana Uribe & Michelsen, Bogotá), written for World Trademark Review, 10 June 2014

"The Happiest Days of Our Lives", here

Nuevo Sistema de Arbitrajes en Línea para dominios .CL de Chile inicia sus operaciones

Rodrigo Ramirez Herrera @ramahr June 05, 2014 No comments:

El registro de nombres de dominio ˂.CL˃, NIC Chile, dio inicio este miércoles 4 de junio al nuevo servicio de arbitraje en línea, que pone a disposición de las partes y de los árbitros para facilitar la tramitación y administración...

Some IPTango moves

* Listed as one of the "Best blogs on Intellectual and Industrial Property Law". The University of Alicante Intellectual Property & Information Technology Project (UAIPIT).

* One of the only two Latin American blog listed in the "Top 100 Intellectual Property Blogs". Feedspot, as of May 2021.

* Listed as one of the "Top 15 Blogs For An Intellectual Property (IP) Enthusiasts". Buzzfeed.com, January 2017.

* Listed as one of the "World's Best IP Blogs". BananaIP.com, December 2015.

* IPTango founder Professor Jeremy Phillips was listed as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2005, 2011, 2013, and 2014.

* Listed as one of the "Influential intellectual property blawgs". A Dictionary of Intellectual Property Law, Peter Groves, 2011.

* Listed as one of the "Communities of Blawgers". Los blogs jurídicos y la web 2.0. para la difusión y la enseñanza del derecho, Gonzalo Ramírez Cleves, 2010.