Trademark smells?

Can I trademark smells? Can a shape be trademarked? This is recurrent question we get asked as our clients are mostly in the creative industries.

A trademark sign must be capable of being represented graphically. This means that it must be in some kind of physical form. But contemporary culture has evolved so that purely physical representation alone cannot always capture the distinction between goods and services. Sounds, and colours have also been accepted as being capable of graphic representation even though sound, for example, lacks physical form. Even tastes and personal names can now be registered as trade marks. In other words, an application for a trademark sign can be supported with evidence to prove that the mark is clearly distinctive of the origin of a good or service therefore making it capable of graphic representation. So an application for a sound can be supported with a verbal description and a musical score.

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Photographs

Photographs are a very important part of the digital world. Electronic photographs are included in the definition of photographs in s 4(2) of the Copyright Designs and Patents Act 1988 (the “Act”). At PAIL® Solicitors we are proud to say that we work with a group of crazy creatives, who can budget for our services, which includes photographers. We want to share some tips with photographers out there for a minute. You love photographs, and you want to be this amazing photographer who works for yourself, or to partner with a graphic designer, and/or writer to create a design and consulting creative agency, or some other kind of service.

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Making trade mark infringement cases

Making trade mark infringement cases should always start with a letter, then the follow up formal document in the appropriate legal format setting out the causes of action are crucial and should not be attempted lightly. This formal document making trade mark infringement cases is called a pleading.

There are different styles and methods of preparing these pleadings. Once the substance has been covered then differences are mainly down to style. In the recent case of Enterprise v Europcar incidentally addressed the subject of how pleadings are prepared when making trade mark infringement cases.

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What is actually copyrightable?

What is actually copyrightable? In a recent IPEC case the issue of what is actually copyrightable arose. Most copyright cases are mostly consumed with what is actually copyrightable? Only about four of the first few reported intellectual property cases of 2015 have caught my attention enough to be worth a quick article review, McCormack Trading v. Goldmark Trading is definitely one of them.

SO WHAT IS ACTUALLY COPYRIGHTABLE? Judgment was handed down by His Honour Judge Hacon on the 22 January 2015. The judgment is worthy of note for the specific reason that the firm gets a lot of copyright related enquiries from authors/owners of – books, TV commission proposals, film scripts, websites and mobile apps to name a few. Naturally I explain that only certain works are capable of copyright protection and there are other hurdles including original authorship to get over. What McCormack does is to give an actual recent working example of how copyright works in practice.

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5 Ways To Make It In Today’s Music Industry

Its official! The major music labels have abandoned the traditional business model where the goal is to sell music. With the emergence of successful streaming services like Spotify, Google Play Music, Yala Music, Deezer, and probably twenty-plus others, it is impossible for a company to make money if it depends solely on consumers purchasing music. Not only are sales (both physical and digital downloads) down, but the revenue generated through streaming services is only a fraction of what sales use to generate back in the “good ole days”.

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