IP ArchIPelago

  Don't Do It:  Nike's Fight Against Counterfeit Trade Mark Goods Dareem Scipio* Counterfeit goods are defined as those bearing an identical trade mark without authorization of the rightholder. [1]  In recent times, there has been a proliferation of counterfeit goods making their way into our markets. Unfortunately, although there are intellectual property laws in place to counter the illicit trade of these goods, enforcement of these laws remains a difficult task or non-existent. Apart from the legal side of things, there is also the social/ethical aspect whereby persons do not view the trade of counterfeit goods as a crime/wrong and freely engage and participate in its consumption and use. However, the impact of these activities can have dire consequences on rightholders, causing damage to a brand’s image and reputation and more importantly, financial losses. There has therefore been an extra push by rightholders to protect their brands through cross-border surveillance...

  Copyright After Death: The Blaxx Bacchanal Dareem Scipio* The family of the late soca Icon Blaxx has issued a warning to those seeking to release his songs recorded but not released before his death. In response there has been various types of commentary on social media many of which highlight a clear ignorance of how intellectual property law works. One social media post in particular was the definition of oxymoronic. In one vein the author expressed his disappointment with the family of the late singer’s actions and made some accusations against the deceased singer’s estate. On the other hand, the author called for the release of the music to be done in the right way, unaware maybe, that the family’s action might be part of the process of doing it the right way. This short blogpost is in response to the confusion surrounding the ownership of copyright following the death of a person.   Duration of Copyright Protection Generally, copyright protection survives the death of a...

  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...

  A Golden Opportunity for Tobago and Intellectual Property Dareem Scipio* The island of Tobago held its inaugural Carnival celebrations in October 2022. This was a major development given that Carnival is usually synonymous with Trinidad. The creation of this new stand-alone event on the entertainment calendar presented an excellent opportunity for the small island state to harness the intellectual property associated with the hosting of such events. It was stated that the aim of the event is to place Tobago at the centre and ‘declare an identifiably Tobago stamp on the global calendar of festival events by revealing the hidden treasures of the island’s cultural soul and reshaping the entire Carnival Experience.’ [1]  It is therefore essential that in doing so, attempts are made to properly protect the various cultural and creative products that would be on display. Copyright Protectable Works (i) Works of Mas There can be no carnival without mas and it is expected that mas w...