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Monday, 15 October 2007

Photographer gets lippy; TRADE MARK ATTORNEY label on the table

Pepsi's lips questioned

The Independent reports that the estate of the photographer Bob Carlos Clarke is bringing an action against Pepsi. Pepsi uses an image of a female tongue and lips in its new advertising campaign. The estate argues that "It's quite clear for anyone to see that they've just completely copied Bob's photo.” For good measure, a spokesman has added "We want adequate financial compensation for infringing his copyright and we're prepared to fight this all the way." Pepsi argues that its advertising types have never seen the Clarke photo, and so can’t have copied it.

The IPKat reckons that the estate has an uphill struggle. Lip imagery is rife, and is a particularly obvious theme in the food and drink industry.

Law Society okays trade mark title

Good news for ITMA members according to the ITMA website. ITMA and the Law Society have reached an agreement by which ITMA will be able to attempt to have the term TRADE MARK ATTORNEY as a regulated title, and will be able to register TRADE MARK ATTORNEY as a certification mark. The Law Society and ITMA have sorted out their differences, so that the Law Society are now satisfied that solicitors won’t be barred from using the title, and consumers won’t be confused into thinking that the ITMA members are lawyers.
The IPKat says that this sounds sensible. With a little bit of education, consumers should be able to easily know the difference between the two professions.

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