Moving From Subjective to Objective Standards in Determining Likelihood of Confusion: An Analysis of Asia Pacific Resources vs. Paperone, Inc.
Background In the case of Asia Pacific Resources International Holdings, Ltd. v. Paperone, Inc.,1 petitioner filed a complaint for unfair competition, trademark infringement, and damages against respondent, alleging that the use of PAPERONE by the latter in its corporate name without the former’s prior consent and authority was done in bad faith and designed to […]
An analysis of the Iancu v. Brunetti (2019) doctrine taken in the Philippine context
I. Background Erik Brunetti sought federal registration of the trademark “FUCT.” It is pronounced as four separate letters. The U.S. Patent and Trademark Office (USPTO) denied the application on the ground that the Lanham Act prohibits the registration of a trademark that consists of, or comprises immoral or scandalous matter. Brunetti challenged the denial, alleging […]
An Analysis of the Proportionality Principle in the IP Code of the Philippines
As highlighted by ABS-CBN v. Gozon, et al. Background of the Case ABS-CBN conducted live audio-video coverage of, and broadcasted the arrival of Angelo dela Cruz at NAIA and the subsequent press conference. ABS-CBN allowed Reuters Television to air the footage under a special embargo agreement, where no other Philippine subscriber of Reuters would be […]
Apostille Certification: The One-Step Process of Authenticating Public Documents
On 12 September 2018, the Philippine Ambassador to The Hague, Jaime Victor B. Ledda, deposited the instrument of accession to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention) with the Ministry of Foreign Affairs of the Netherlands. The Apostille Convention shall take effect on 14 May 2019, or on the […]
SCOTUS: Patents are “Public Franchises” (Oil States Energy Services v. Greene’s Energy Group, 2018)
Summary Oil States Energy Services and Greene’s Energy Group are both oilfield service companies. In 2001, Oil States obtained a patent relating to an apparatus and method for protecting well-head equipment used in hydraulic fracturing. In 2012, Oil States sued Greene’s Energy in Federal District Court for patent infringement. Greene’s Energy responded by challenging the […]
Finding Copyright in Useful Articles
Star Athletica vs Varsity Brands (580 US ___) Decided March 22, 2017 Varsity Brands Inc., Varsity Spirit Corporation, and Varsity Spirit Fashions & Supplies, Inc., (Varsity Brands) design, make, and sell cheerleading uniforms. It has copyright registrations for two-dimensional designs appearing on their uniforms and garments. The designs include combinations, positions, and arrangements of chevrons, […]
Can ‘Offensive,’ ‘Derogatory’ Marks be Registered?
Matal v. Tam 582 US ___ (2017) No. 15-1293 Decided June 19, 2017 Are offensive trademarks protected by Free Speech? Simon Tam, the founder of the Asian-American rock band The Slants, tried to register the band’s name in 2011, not knowing that it would take him almost 7 years and a Supreme Court case to […]
The Hague System: An Overview
The Hague System is a product of two international treaties: The Hague Act of November 28, 1960 (1960 Act) and the Geneva Act of July 2, 1999 (1999 Act), also known as The Hague Agreement. It aims to provide a unified international registration system for industrial designs. As a result, the prosecution of industrial designs […]
Casting the First Stone: A Shift in the Burden of Proof in Patent Infringement Case
The United States (US) Supreme Court held in the case of Medtronic, Inc. vs. Mirowski Family Ventures, LLC, that the patent owner who is made defendant in an action for declaratory judgment by an alleged infringer has the initial burden of proving his claim of infringement. Medtronic Incorporated (Medtronic) was the licensee to the patent […]
www.Cybersquattersbeware.com
Cybersquatters beware. On February 18, 2014, the Supreme Court of the Philippines handed down its decision on the petitions seeking the declaration of the Cybercrime Prevention Act of 2012 as unconstitutional. In what is said to be one of its more controversial decisions to date, the Court upheld several key provisions of the law – […]