ELVIS PRESLEY TRADE MARKS

1997 ◽  
Vol 114 (13) ◽  
pp. 543-562
Author(s):  
Keyword(s):  
Trade Marks ◽  
Elvis Presley

The king is dead: long live the king

2000 ◽  
Vol 59 (1) ◽  
pp. 33-36 ◽  
Author(s):  
Jennifer Davis
Keyword(s):  
Legal Protection ◽  
Big Business ◽  
High Court ◽  
Trade Marks ◽  
Passing Off ◽  
Elvis Presley ◽  
Appeal Decision ◽  
The Uk ◽  
Court Of Appeal

CHARACTER merchandising is big business and any case concerning its legal protection is bound to arouse considerable interest. This is certainly true of the recent Court of Appeal decision in Elvis Presley Trade Marks [1999] R.P.C. 567, where the character concerned was “the King” himself. Earlier, in the “Ninja Turtles” passing-off case, Mirage Studios v. Counterfeat Clothing Co. Ltd. [1991] F.S.R. 145, the High Court had apparently endorsed the view that the public's awareness of merchandising practices means that it will assume that products carrying the likeness or name of a celebrity (real or fictional) will come from one “genuine” source. This decision, together with the provisions of the 1994 Trade Marks Act which swept away previous anti-trafficking provisions and liberalised the licensing regime, seemed, to many, to herald a new dawn for the protection of character merchandising, However, the Elvis Presley decision suggests that character merchandising in the UK will remain relatively unprotected compared to other jurisdictions.

Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes

2006 ◽  
Vol 37 (4) ◽  
pp. 583
Author(s):  
Michael McGowan
Keyword(s):  
Three Dimensional ◽  
Trade Mark ◽  
Fourth Dimension ◽  
Trade Marks ◽  
Four Dimensions ◽  
Trade Mark Law ◽  
Dimensional Shape ◽  
Three Dimensional Shape

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

DIRAMODE S.A. v TURNHAM

2019 ◽  
Vol 136 (10) ◽  
pp. 624-635
Author(s):  
Keyword(s):  
Trade Marks ◽  
Likelihood Of Confusion

Abstract H1 Trade marks – Opposition proceedings – Word marks – PINKIES – Descriptiveness – Assessment of likelihood of confusion – Weight to be given to conceptual differences – Appeal to Appointed Person

Certification marks for Australian native foods: A proposal for Indigenous ownership of intellectual property

2021 ◽  
pp. 1037969X2098271
Author(s):  
David J Jefferson
Keyword(s):  
Intellectual Property ◽  
Cultural Knowledge ◽  
Indigenous Australians ◽  
Policy Agenda ◽  
Commercial Products ◽  
Trade Marks ◽  
Native Foods ◽  
Certification Mark

Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.

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