IP ArchIPelago

 Image Rights Carissa Rodulfo Famous persons have sought to protect their identities against unlicensed and unlawful profiteering. This is because due to their notoriety, their image may be used in conjunction with a vast array of products and services in order to infer their endorsement. Courts have found that celebrities have a right to control and profit from the commercial use of their name, likeness and persona. This is known as image rights. Causes of action in relation to the breach of image rights are dependent on jurisdiction. As the courts in Trinidad and Tobago have not addressed the subject of image rights, practitioners must continue to monitor changes in the law in other countries in order to defend the rights of persons whose reputations have been abused for commercial gain.   In the USA, the right of publicity protects against unauthorized commercial exploitation of a person’s likeness or identity. The case of  Haelan Laboratories v Topps Chewing Gum [1] ...

A Snapshot Into Geographical Indications *Brandon Jadoonanan  LLB, LLM, LEC, BA, BSc and **Yeveeda Guiness  LLB LEC What are geographical indications (GIs)? According to  Section 2 of the Trinidad and Tobago Geographical Indications Act 1996 (the Act) , a “geographical indication” is “an indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. Above all,  there must be “a clear link between the product and its original place of production.” [1]  Quality, characteristics and reputation of the product should inherently be due to the geographical origin. This piece seeks to explore this topic as it relates to Trinidad and Tobago, while also drawing upon examples from other territories.      What types of products do GIs protect? In discussing the types of prod...

To Tell Or Not To Tell? Shhh...it's a trade secret! *Ilisha Manerikar LLB (Hons), LEC Perhaps the most underrated yet widely used form of intellectual property protection is the use of a trade secret. A unicorn in the intellectual property world, trade secrets can protect confidential information without any registration, classification processes or fees and its protection can last forever! A trade secret consists of three common elements: 1.       It has the value of not generally being known; 2.      It has economic and commercial value because it is secret; and 3.       It has been subject to reasonable steps under the circumstances by the rightful holder in control of the information, to keep it secret. Therefore, anything from recipes, manufacturing processes, lists of companies’ clients and suppliers, experimental research data, software algorithms to pricing schedules, chemical formulas and advertising strategi...

  Your Trade Mark - The Revenue Stream You Didn’t Know You Had Raquel Le Blanc   From that post-doubles Solo to the fried chicken Colonel himself- the influence of an iconic trade mark is undeniable.    Conventional trade marks are letters, words, names, logos, phrases, packaging, signatures, numerals, devices, brands, headings or labels that distinguish a business’ products from others, [1]  often encapsulating its identity. With a glance, they communicate quality, reputation, expectation, incentivize repeat purchases and solidify consumer trust. [2]   A reputable trade mark is a lucrative investment. It can be licensed at a fee, sold or used to collateralise loans. It is an additional source of revenue in its own right, distinct from the actual sale of goods and services.    This capacity for monetisation makes trade marks prime targets for abuse. Competing brands can thrive off of the confusing similarity of their trade marks and products with ...