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IP EMERGING ISSUES


Change frequently alters how we perceive, use and protect trademarks, and even what qualifies as a trademark. This team evaluates social and cultural trends and emerging issues affecting registered signs, brands and related intellectual property rights - mindful that we can often add insight when we explore the intersection between trademark law and other fields and disciplines.

Responsibilities/Mission:
Change frequently alters how we perceive, use and protect trademarks, and even what qualifies as a trademark. This team evaluates social and cultural trends and emerging issues affecting registered signs, brands and related intellectual property rights mindful that we can often add insight when we explore the intersection between trademark law and other fields and disciplines.

Members

Minutes
Publications

Immoral, Scandalous and Offensive Marks
01-10-2017
The IP Emerging Issues is actively exploring the status of immoral, scandalous and offensive marks. What may offend in one culture and jurisdiction may be perfectly acceptable in another part of the world.

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Speaking Freely: When brands meet art, public policy & genericide
10-02-2016
The paper examines (a) artistic uses of trademarks, providing examples of how courts define lawful fair use and infringement, (b) some unusual uses of trademarks by the public, as well as states responses, and (c) how trademarks turn into generic terms. The common thread? All three are terrains where freedom of expression may trump trademark rights.

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Crowdsourcing Trademarks
21-01-2016
Crowdsourcing Trademarks, provides numerous examples of companies who have exploited crowdsourcing to good advantage by inviting the crowd to submit new trade marks and trade dress for their goods and services, and the practical and legal considerations raised by crowd creation.

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Bespoke Trademarks
20-01-2016
Bespoke Trademarks: Customizing And Personalizing Brand analyses the multiplying examples of this unusual new form of co-branding, which gives consumers a whole new pride of ownership in a brand.

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Local v Global: A Growing Trend and the Legal Implications
13-01-2016
Local v Global A Growing Trend and The Legal Implications, turns to another way that companies are seeking to make their brands more relevant. For many consumers, the new luxury goods are artisanal products, responsibly sourced from local purveyors. These consumers are dismayed by the impersonality and planned obsolescence of most mass produced products and the cultural homogeneity global brands create. They celebrate the authenticity and heritage of smaller, local brands. By buying goods locally from small purveyors, consumers project many of those good, old-fashioned values that have been rediscovered by Millennials.

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Upcycling: The Repurposing of Branded Products
13-01-2016
Upcycling: The Repurposing of Branded Products, delves into this new market, discussing commercially available upcycled products ranging from Pepsi-Cola "stash" cans to quilts made from branded tee-shirts and just about everything in between. Most people undoubtedly believe that, once they have acquired a branded product through legitimate means, they are free to use, alter and dispose of it however they like. We consider when that is not the case, and when a brand owner should intervene.

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