- Startups
- November 12, 2015
Taylor Swift 'Shakes Off' Copyright infringement claim.
By Lawbite Team
Whose side is the law on? What can be copyrighted?
Alternatives to copyright
- A mark needs to be new which means that not only must it not be already registered as a trade mark in any other country but also be used as an unregistered trade mark. Even if registration of such a mark was successful, the previous user would have a right to seek invalidation of the mark.
- A mark cannot be descriptive for goods & services it is submitted for, e.g. “Apple” is a perfect mark for computers and electronics but it would be seen as descriptive if protection was sought for a grocery store.
- A mark needs to be distinctive so it has to allow a potential customer to indicate origins of goods & services offered under that brand.
IP strategy for creative industries
In closing
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