IP ArchIPelago

  All I want for Christmas is a Trade Mark Dareem Scipio* Mariah Carey has just failed in her attempt to trademark the phrase “Queen of Christmas”. Whattttt... isn't she…the Queen of Christmas!? Well, she might be the undoubted Queen for several persons but not for fellow singer Elizabeth Chan, who opposed Carey’s application to trademark the phrase. [1]  This situation provides an excellent example of the preliminary steps that must take place before a trademark can officially be registered. The preliminary steps in registering marks are almost universal so although Carey’s application would have taken place in the United States, the learning can be applied elsewhere including of course in the Caribbean. So, what are these essential steps?   The first step towards the registration of any mark is the making of an application with the relevant office. In Trinidad and Tobago, this is outlined in section 5(1) of the Trade Mark 2015 which states that an application must be ma...

  The Cost of Copyright Infringement Justin Koo Copyright cases in the Commonwealth Caribbean are rare. Admittedly, they have become more frequent in recent years as awareness about intellectual property rights increases. However, the development of copyright jurisprudence remains slow and at best patchy. Nonetheless, the recent dispute of  Drakes v Grant [1]  offers insight into copyright proceedings from start to finish, that is from allegation of infringement to a finding of infringement and finally the award of damages. Specifically, in the context of Trinidad and Tobago,  Drakes v Grant  was the first successful infringement case concerning the right of reproduction and as such is an important case given the general lack of copyright litigation. Recap of Case Drakes v Grant  concerned the unauthorised reproduction of the claimant’s photograph depicting Peter Minshall’s costume ‘The Dying Swan, Ras Nijinsky in Drag as Pavlova’. The photograph was used t...