Katy-Perry-v-Katie-Perry-affa

Battle of Trademark: Katy Perry v Katie Perry Unfortunately, the singer lost in Australia.

Intellectual Property

In a trademark dispute, having a big name sometimes guarantees a win, but only sometimes. When Katy Perry, the owner of five Billboard Music Awards and a judge on American Idol with 108 million followers on Twitter, held concerts in Australia in 2014 and 2018, she sold a lot of fashion products through retail and social media using the trademark “Katy Perry,” which is owned by her company, Killer Queen, LLC. However, it turned out that there was already a similar trademark in Australia with a similar pronunciation, namely “Katie Perry” (with ie), which had been registered by a designer named Katie Taylor in the fashion category (Nice Class 25) since 2008. In 2009, Katy Perry’s lawyers actually tried to cancel Katie’s trademark and sent a “Cease and Desist Order” letter so she wouldn’t use the trademark again, but this effort was not pursued. After Katy Perry’s 2018 concert, which once again sold fashion products, Katie decided to strike back by reporting “Katy Perry” for ignoring the existence of “Katie Perry,” which has homophonous and had already been officially registered in IP Australia Finally, on Thursday, April 27, 2023, Australian Federal Court Judge Brigitte Markovic ruled that Killer Queen, LLC. had been proven to have infringed on some of Katie Taylor’s trademarks and ordered them to compensate for the damages with a certain amount that will be decided later. In response to this victory, Katie Taylor made a statement on her website, “Not only have I fought [for] myself, but I fought for small businesses in this country, many of them started by women, who can find themselves up against overseas entities who have much more financial power than we do. This victory could not have been achieved if Katie had not registered her trademark first. By registering a trademark, the owner obtains their rights, and the state provides legal protection so that the trademark’s economic rights are not violated. In Indonesia, a trademark can only be protected if an application for registration is filed first, and prior use of the trademark cannot be used as a basis for protection. This is because the ‘First to File’ approach is adopted by Law No. 20 of 2016 concerning Trademarks and Geographical Indications.   If you need further information about trademark registration in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Sources: Reuters.com Nine.com.au WIPO Global Brand Database

Patent-Granted-2021-affa-global

China Dominates Patent Grants, Beating USA & Japan

Patent

Patent grants involve a comprehensive examination and review by the relevant government authority to ensure that the invention satisfies specific legal requirements such as novelty, non-obviousness, and industrial applicability.  The patent office conducts a search to determine if the invention has already been patented or disclosed by others and may request additional information or amendment of the application. The high volume of patent applications can also cause delays in the processing of the application. These measures are in place to ensure that only truly innovative and practical inventions are granted patent protection. That’s why it takes more than a year to be granted. The following chart was created based on Patent application data in 2021 that have been granted as of February 2023, where China dominates with 607,758 patents or about 38% of the total. In addition, China dominates in 29 categories: 1. Computer & Technology 2. Electrical, Machinery, Apparatus, & Energy 3. Digital Communication 4. Measurement 5. Transport 6. Civil Engineering 7. Other Special Machines 8. Audio Visual Technology 9. Machine Tools 10. Chemical Engineering 11. Handling 12. Pharmaceuticals 13. Materials & Metallurgy 14. Control 15. Mechanical Elements 16. Telecommunications 17. Basic Materials Chemistry 18. Biotechnology 19. Organic Fine Chemistry 20. IT Methods for Management 21. Macromolecular Chemistry & Polymers 22. Other Consumer Goods 23. Environmental Technology 24. Thermal Processes & Apparatus 25. Surface Technology Coating 26. Textile & Paper Machines 27. Food Chemistry 28. Analysis of Biological Material 29. Micro Structural & Nano Technology 30.  31. 32.  33.    Meanwhile, the United States only obtained 286,206 patents granted, only 18% or less than half of China’s total. The United States only dominates in the categories of Medical Technology, Engine Pumps & Turbines, Basic Communication Processes, and Other Unknown Inventions. Next, there is Japan with 256,890 patents granted, or about 16% of the composition. Japan leads in the categories of Semiconductors, Optics, as well as Furnitures & Games.     What about Indonesia? Data from WIPO (World Intellectual Property Organization) which can be accessed through www3.wipo.int/ipstats/ shows that Indonesia only had 756 patents granted in 2021. This number is lower than Singapore with 4,034 and Malaysia with 1,583. These Indonesian patents are dominated by inventions originating from state universities, such as Andalas University, Brawijaya University, Gadjah Mada University, Diponegoro University, and Bandung Institute of Technology. If you need further information about patent registration in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Sources: OBIS: omnibisolutions.com WIPO IP Stats