"I felt like I was going to lose everything." Katy Perry in concert (Photo by Getty Images, Chris Jackson)
"A David vs. Goliath victory" - this is how Australian designer Katy Perry summed up her victory in the legal battle against the famous singer of the same name. The results of the struggle between the two were another reminder of the importance of trademark registration, especially for small and medium-sized business owners.
"I fought not only for myself but also for other small businesses, many of them owned by women, who often have to fight huge companies with much greater financial power," the designer said following the Australian court's decision that the singer infringed the trademark registered in her name.
Trademark infringement on merchandise
Singer Katy Perry and the Australian designer have similar names, but they are spelled slightly differently in English (the singer's name is spelled Katy Perry versus the designer's name - Katie Perry). Already in 2008, the designer registered a trademark on her brand - Katie Perry - which was the focus of the legal battle.
According to the designer's lawsuit filed in an Australian court, the singer infringed her trademark when she sold clothes bearing her name on her 2014 tour of the country. Following the lawsuit, the singer's lawyers filed a countersuit against the designer, which caused her great pressure.
"I was about to launch big when I discovered Perry's lawyers' demand to cancel my trademark registration. I felt like I was going to lose everything," the designer told her country's media. However, in a decision handed down last month, the court ruled in favor of the designer and ruled that her trademark had been infringed.
However, the judge emphasized that the singer infringed the trademark in good faith, and therefore she was not obligated to pay damages, only her company. The final decision on the amount of compensation to be paid is expected in the coming months.
"The
decision emphasizes the need for anyone who owns a brand, especially small and medium-sized business owners, to register a trademark on it," says attorney Yifat Ben David-Bustos, who specializes in trademark registration.
According to her, any business owner who launches a brand for a new product or designs a new logo for his business knows how much time, thought and financial resources are invested in it, and therefore must protect it by registering the trademark. "The same brand will accompany the business owner for years, and as he gains more reputation, he may be a source of imitation."
Adv. Ben David-Bustos emphasizes that this is a risk that a small or medium-sized business owner cannot take on. "Imitating a trademark can crush a business," she says. According to her, the brand or logo of the relevant business is actually its trademark, which can appear on its product or service.
"A trademark is intended to allow consumers to recognize that the same name appearing on the product or its advertisement is owned by a particular business, which will allow the two to be linked." A trademark may include words, letters, numbers, graphics, or sounds. It can include one word, several words or some graphic design," she explains.
Protection for 10 years that can be extended
According to Adv. Ben David-Bustos, in order to protect the trademark, it must be registered through a lawyer specializing in the subject. It should be noted that registration of a trademark in Israel will allow it to be protected only in Israel. However, its protection can be extended to other countries through the use of international conventions.
It should also be noted that trademark protection is valid for a period of 10 years. "After that, you can renew the registration and request to extend it for another decade," says attorney Ben David-Bustos.
According to her, another element that is important to emphasize is that the trademark can be registered in relation to certain goods or services, and it will be possible to enjoy protection for it only in these areas. "You can't register every trademark you want and it has to have a distinctive character," she notes. "For this purpose, it is recommended to consult with a lawyer specializing in intellectual property."
Interested in registering a trademark or protecting it from infringement in a legal proceeding?Contact hereor by phone053-6110332 To Adv. Yifat BenDavid-Bustos, who specializes in intellectual property and has extensive experience in registering trademarks and other areas of civil and commercial
law To Adv. Yifat Ben David-Bustos on the legal
website Article courtesy of Zap Legal
The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation to take proceedings or refrain from proceedings. Anyone who relies on the information appearing in the article does so at his own risk
In association with Zap Legal
- theorem
- More topics
Tags
- Trademark
