Copyright in trade marks: are there problems?
From time to time I have been asked about the copyright position regarding graphic representations of signs which constitute artwork (sketches, photographs, representations of three-dimensional objects etc) are deposited by Community and trade mark applicants with a granting office.  Numerous questions arise in this context.  For example,

* can it be assumed that the publication of a sign in a register, and subsequently in the text of judicial or quasi-judicial decisions concerning it, is a permitted act regardless of whether the owner of the sign is the owner of the copyright?

* is a use of a sign in the course of lawful comparative advertising implicitly a permitted use of a copyright work if that use does not infringe the trade mark?

* is the use of a sign regarded as a permitted act with regard to its copyright when it is included for illustrative purposes in articles in law journals, trade magazines or newspapers?

If readers have any thoughts or experiences on these matters, or know of any jurisprudence on them, they are requested to post them as comments below.

Posted by: Blog Administrator @ 21.42
Tags: copyright in signs,

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