Intellectual Property

Recent matters:

  • IP and commercial agreement with Kim Kardashian’s brand, SKIMS

  • IP Acquisition of the brand, Parka London

  • Trademark strategy and filing for women’s sports protection brand, Boob Armour

  • Trademark filing in Switzerland for Willis Sports Organisation

  • Opposition proceedings filed in China, Europe, Singapore, United Kingdom and USA for a sportswear brand

  • Publication of articles concerning the rise of Artificial Intelligence (AI) and the conflict with Copyright laws in the United Kingdom, Australia and the USA

Trademarks

 

plural, noun

a symbol, word, or words legally registered or established by use as representing a company or product.

Trademarks are an essential business asset. The term trademark refers to a recognisable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognises the company's ownership of the brand.

The four important parts to a business trademark portfolio is (1) planning; (2) registration; (3) use; and (4) protection and enforcement. Successful trademark portfolios add value to a business and require active management.

Copyright

 

Noun

the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material

Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, etc.

In the majority of countries, and according to the Berne Convention, copyright protection is obtained automatically without the need for registration or other formalities.

Most countries nonetheless have a system in place to allow for the voluntary registration of works. Such voluntary registration systems can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales, and the assignment and/or transfer of rights.

Licensing

 

Licensing is an important commercial tool for intellectual property rights holders and brands. It is a business arrangement, wherein a company or individual authorises another, by issuing a license, to temporarily access and use its intellectual property rights. The subject matter could include: (1) manufacturing processes, (2) brand names, (3) copyright, (4) trademarks, (5) patent, (6) technology and (7) trade secrets. The revenue from a license can include upfront fees and percentage fees based on trading or other specified conditions.

Creatives

 

Creative service providers such as photographers, font foundries, designers, graphic designers etc. need to be aware of what is still owned by them despite being engaged to provide a service. An example of this lies in copyright. Rights in the creation of a work do not disappear even though you have been engaged and paid. There is engagement in the service but the interest in the copyright lives on unless assigned. Recognition and active protection of these rights is important and part of the revenues due to creatives.

Name, Image, Likeness (NIL)

 

‘NIL deals’ has become a buzz topic as the rules regarding income has changed for US College athletes. However, the protection and commercialisation of name, image and likeness has always been an important part of a persons intellectual property to be protected and utilised. Protection comes from planning and identifying what should be protected and perhaps created for future commercial strategies.