This newsletter compiles global intellectual property news from various media sources.
UK Launches Consultation to Clarify Copyright Laws for AI and Creative Industries
The UK has launched a consultation to address uncertainties in copyright laws between artificial intelligence (AI) and the creative industries. This initiative aims to provide legal clarity on how creative works can be used in AI model training, fostering innovation and driving growth in both sectors.
Key points of the consultation include:
Rights for Creators: Allowing creators to control the use of their materials by AI and enabling fair payment through licensing agreements.
Transparency Requirements: AI developers would need to disclose more details about the data used to train their models.
Copyright Exception: A proposed exception for commercial AI training, with the condition that creators can reserve their rights over their content.
The government seeks to strengthen the ability of creative sectors to control and monetize their work while providing AI developers with legal certainty to drive innovation. Additionally, the consultation addresses the protection of personality rights in the context of digital replicas, such as deepfake imitations.
This effort aims to build trust and collaboration between creative industries and AI developers, fostering sustainable growth for both sectors.
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Woolrich Partners with Chinese Baoxiniao Holding to Drive Global Growth
Woolrich International, the original American outdoor brand, has secured a new investor to enhance its international presence. Chinese apparel group Baoxiniao Holding Co. Ltd. has acquired the intellectual property rights to the Woolrich brand for all regions outside of Europe.
Baoxiniao, which owns several apparel brands such as Saint Angelo, Hazzys, Bono, Camicissima, and Henry Grant, aims to promote Woolrich globally, particularly in Asia, and strengthen its brand portfolio. As part of the agreement, Baoxiniao has also signed a five-year procurement and brand consulting contract with Woolrich to ensure consistent global positioning of the brand. Woolrich CEO Stefano Saccone stated that this strategic partnership with Baoxiniao will accelerate the brand's growth in Asia and beyond.
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Katy Perry Wins Appeal Against Australian Designer Katie Taylor
In a trademark dispute, Katy Perry successfully appealed a decision against Australian designer Katie Taylor. The Federal Court ordered the cancellation of Taylor’s "KATIE PERRY" trademark, overruling a previous ruling that found Perry and her companies infringed it.
Key points of the appeal:
Scope of "Clothes": The court ruled that Taylor's "clothes" trademark did not cover footwear and headgear, as Taylor had only claimed "clothes" in her registration and could have added other categories.
Joint Tortfeasorship: The court found Perry could be considered a joint tortfeasor with her associated company, Kitty Purry, for the infringement, but the infringement claim ultimately failed.
Own Name Defence: The court upheld the “own name” defence for Perry, even though her name is a stage name, allowing her to use it in her merchandise.
Cancellation of Taylor's Trademark: The court cancelled Taylor’s trademark, citing Perry's existing reputation at the time of Taylor's filing, which could cause consumer confusion.
Business/Legal Takeaways:
Trademark applicants must do thorough due diligence, especially considering the reputations of others.
The goods/services description in a trademark application must be precise, as courts will avoid broad interpretations.
Company directors can be held personally liable for infringements caused by their companies.
The "own name" defence applies not only to legal names but also pseudonyms and stage names.
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Levi Strauss Settles Trademark Lawsuit Against Brunello Cucinelli
Levi Strauss & Co. (LS&Co.) and Brunello Cucinelli have settled their dispute over the use of the tab design. The San Francisco-based LS&Co. had sued the Italian luxury brand Brunello Cucinelli for allegedly infringing its trademarked rectangular pocket tab.
LS&Co. confirmed the settlement after notifying a federal judge in Oakland, California, that it was dismissing the case with prejudice, meaning the case cannot be refiled. The terms of the settlement were not disclosed.
In January, LS&Co. filed a lawsuit against Brunello Cucinelli SpA and its U.S. subsidiary, claiming trademark infringement, dilution, and unfair competition. LS&Co. alleged that the Italian brand had misappropriated its famous Tab trademark for its own apparel products.
At the time of the lawsuit, Brunello Cucinelli's founder stated that the fashion house valued the originality of its creations and business integrity, adding that the decorative elements used in their products were minimal and did not feature the brand name or logo. He emphasized that the intention was never to exploit or violate other brands' intellectual property and that there was no risk of confusion for customers.
Cucinelli is among several fashion brands that have faced LS&Co.'s legal action over trademark issues. LS&Co. is also currently involved in a trademark infringement lawsuit with Australia-based Green Tab Clothing regarding its Arcuate trademark and Tab trademarks. The judge recently granted LS&Co. a summary judgment on some charges, while others may proceed to trial.
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