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This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood. In 1988, there were only 25 members of the Madrid Protocol. Today, that number has quadrupled, with 105 members covering 121 countries. Canada joined the Madrid Protocol earlier this year, and Brazil announced in July that it will now be able to accept Madrid Protocol applications beginning in October 2019. The World Intellectual Property Organization (WIPO) reports that the Madrid System gives trademark owners protection to 80% of the global economy. In 1988, 20,000 registrations were issued under the Madrid System, according to WIPO, and 30 years later, WIPO reports that number has tripled to 60,000. There is no doubt that the Madrid System has assisted many companies in effectively achieving international trademark registrations by filing one trademark application with one set of fees for protection in their choice of more than 120 countries.
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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
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