Do the Scots own BURNS NIGHT?

The Scotch Whisky Association recently filed an opposition to the mark BURNS NIGHT filed by an Atlanta distiller of American malt whiskey. The Association claims that BURNS NIGHT is “highly evocative of Scotland when used on a whisky product,” and is likely to cause a consumer to believe that the spirit being purchased is a Scotch as opposed to an American whiskey.

The mark would not seem to be a simple geographic indicator so can an annual celebration of the Scottish poet Robert Burns prevent registration of the mark? It is an interesting question as Robbie Burns Night is acknowledged in many other parts of the world as well, particularly Canada and the US.

CLICK HERE FOR FULL ARTICLE

New Materials Entering the Public Domain

A host of books, musical works, literary works and art created in 1924 have entered the public domain on January 1st and are now free to use. These materials include books by Edgar Rice Burroughs, plays by Eugene O’Neill and art from Georgia O’Keefe.

CLICK HERE FOR FULL ARTICLE

What Constitutes a Counterfeit?

Rolex has recently filed suit against laCalifornienne for allegedly dealing in fake watches. LaCalifornienne has been adding non-Rolex sanctioned dials, crystals, and other accessories to pre-owned Rolex® watches and reselling them as genuine Rolex® watches. Rolex considers any watch that includes a non-Rolex part to be a counterfeit.

Rolex filed a similar case against a jeweler that was “enhancing” Rolex® watches with gemstones and other decorative adornments. The Fifth Circuit sided with Rolex in that case.

In a similar case involving the modification of circuit breakers, the Ninth Circuit held “that “when an original mark is attached to a [reconditioned] product in such a way as to deceive the public [as to the source of the product], the product itself becomes a ‘counterfeit’ just as it would if an imitation of the trademark were attached.”

CLICK HERE FOR FULL ARTICLE