French Court Rules Against Sample Cosmetic Sales and Altered Packaging as Trademark Infringement
In a significant legal battle, Chanel emerges victorious as the French Cour de Cassation rules against the sale of Chanel cosmetic samples bearing the label “Free sample – cannot be sold,” deeming it a violation of trademark rights. The court emphasized the exhaustion of trademark rights, highlighting that the burden of proof lies with the party claiming it. Additionally, the court upheld Chanel’s objection to the alteration of packaging, asserting that the sale of cosmetic products and fragrances without their original packaging constitutes a legitimate reason for trademark opposition. This decision underscores the importance of protecting the origin function of trademarks and establishes a precedent for cases involving altered product conditions and sample distribution.
UK Supreme Court Rejects Patent for AI-Invented Creations
In a landmark decision on December 20, 2023, the UK Supreme Court upheld its earlier denial of patent protection for two inventions attributed to the AI entity, DABUS (Device for the Autonomous Bootstrapping of Unified Sentience). The court ruled against the application filed by US-based computer scientist Stephen Thaler, affirming that AI systems cannot be recognized as inventors. Thaler’s claim, asserting his ownership of the AI’s creativity, was dismissed as the court emphasized the necessity of human inventorship under the 1977 Act. This decision aligns with a similar rejection from the US Patents and Trademarks Office earlier this year. Notably, while Australia and South Africa have recognized DABUS as an inventor, the UK’s stance underscores the ongoing global debate on AI-generated inventions and patent eligibility. Thaler’s parallel patent application in India remains pending, facing objections against recognizing AI software as an inventor.
European Court of Justice Sets Precedent in Vespa 3D Trademark Validity Dispute
The European Court of Justice (ECJ) reversed a decision invalidating Piaggio’s Vespa 3D trademark. The dispute arose when two Chinese companies challenged Piaggio’s trademark validity. The ECJ emphasized that proving distinctiveness for a shape mark should not be overly difficult, and a sign should indicate the product’s origin from a specific company. The court also eased the requirement for separate evidence for each EU member state. Various types of evidence were considered, including Vespa’s global recognition in museums, design expert acclaim, movie appearances, and the existence of Vespa clubs across the EU. The ECJ’s decision is expected to impact the acceptance of 3D trademarks, particularly for iconic design products like Piaggio’s Vespa.
Pakistan Joins Global Treaty (Marrakesh Treaty) for Better Accessibility
Pakistan recently joined the Marrakesh Treaty on December 12, 2023, a global initiative to enhance accessibility for people with visual impairments. The treaty allows the exchange of copyrighted works in braille, audio, and large print formats between member countries. This move reflects Pakistan’s commitment to inclusivity and equal access to educational resources for individuals with disabilities. By aligning with global efforts, Pakistan aims to implement standardized measures that enable better reproduction, distribution, and accessibility of published works for those with disabilities. The focus on accessibility is crucial for ensuring the right to education for differently abled citizens, promoting integration into mainstream society and contributing to overall social development. The success of this initiative depends on the effective implementation of the Marrakesh Treaty within Pakistan.
Mickey Mouse Enters Public Domain as U.S. Copyright Expires
The iconic character Mickey Mouse has officially entered the public domain in the United States, marking the expiration of its copyright. As of now, the beloved cartoon character, created by Walt Disney, is no longer under copyright protection, allowing for broader use and access by the public. This development follows the conclusion of the copyright term, and Mickey Mouse is now part of the public domain, free for creative use and adaptation. Disney enthusiasts and content creators can explore new possibilities with the timeless character that has played a significant role in popular culture since its creation.
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