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 ||

India: Delhi High Court Grants Injunction For Unauthorized Use Of The Mark ‘Tata Water Plus’

The Hon’ble High Court of Delhi on November 9, 2017, in the case of Tata Sons Limited & Ors. vs. M/S Mayuri Beverages held against Mayuri Beverages and in favor of Tata Sons Limited for passing off packet water pouches containing the mark “TATA Water Plus” which is the trademark of the Tata Sons Limited is the proprietor and owner.
Brief background

Tata Sons Limited (hereinafter referred to as ‘Plaintiff no. 1’) is the holding […]

By | October 23rd, 2017 ||