“It’s Just a Replica—Or Is It?”: Unpacking Trademark Infringement & Unfair Competition in Fragrance Dupes
We all love a bargain. You walk into your local supermarket to see a perfume priced at $30. You notice the label says it is ‘inspired by’ a luxury perfume — a fragrance that typically retails for $830. You’re likely to pick the former. The ‘deal-maker’ in this transaction, as is often the case, is […]
When Your Name Is No Longer Yours: IP Dilemmas in Eponymous Branding
In crafting a market positioning that dominates industries, branding have their work cut out. Building brand equity takes time. But over time, companies have found eponymous branding, also called “Namesake” branding—the practice of naming your brand after a person (usually a founder or a prominent individual associated with your brand)—to shorten this curve. Names are […]
Sharing Is Caring, but Who’s Keeping? Marking IP Territory in Open Source
Similarly, issues such as bugs, vulnerabilities, or inefficiencies in open-source software are often addressed collectively by a community of collaborators. This collaborative approach allows companies to resolve problems efficiently while benefiting from innovation without the need to maintain large, in-house development teams. Good thing happens when companies harness the power of community and synergy among […]
Brace for Impact: Here’s The EU AI Act’s Stance on IP
From time immemorial to date, there’ve been legitimate concerns about the unethical use of AI and its risks, prompting the EU Council to approve the EU AI Act on May 21, 2024. Following constructive talks, the Act was published in the official EU Journal on July 12, 2024, and will enter into force on August 1, 2024. The EU’s 27 member states unanimously endorsed the AI Act, affirming the political agreement reached in December.
The act is designed to spur the growth and deployment of safe and trustworthy AI systems throughout the EU’s single market. Other objectives are to safeguard the fundamental rights of EU citizens, enhance public confidence in AI, and stimulate innovation and investment across Europe. The Act is also notably broad in scope, impacting all the market actors in the AI value chain within the EU. Naturally, efforts to comply with its provisions will introduce numerous intellectual property (IP) considerations.
Navigating Love and Intellectual Property: The Modern Couple’s Guide to Marital Agreements
In today’s world, where assets are not just physical but increasingly intellectual, the dynamics of marital agreements are evolving. Prenuptial and postnuptial agreements, traditionally meant to resolve financial and property disputes in divorce, are now addressing the complexities of intellectual property (IP). This article discusses the intersection of love and intellectual property and examines the […]