IP news & updates from our global team!

 

September Insights

 
 
 

The $25 Million Blue-Washing Blunder: Wyland v. FIFA

When commercial property rights collide with statutory moral rights, which one wins? This is the question at the center of a federal lawsuit related to intellectual property, real estate law and sports entertainment. 

Photo Credit: Astrid Schaffner

In June 2026, world-renowned environmental artist Robert Wyland filed a federal lawsuit in Texas seeking $25 million in damages against FIFA, among other defendants. The complaint alleges that Wyland’s iconic 1999 “Ocean Life” mural was illegally painted over to make way for promotional displays for the 2026 FIFA World Cup. The dispute centers directly on a powerful but frequently misunderstood component of U.S. copyright law: the Visual Artists Rights Act of 1990 (VARA).

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When Is a Provisional Application’s Filing Date the “Prior Art” Date of a Patent or Published Application?

In Dental Monitoring SAS v. Align Technology, Inc., the U.S. Court of Appeals for the Federal Circuit addressed the crucial question: under what circumstances can a patent or published application be assigned the earlier filing date of a provisional application for purposes of qualifying as prior art under AIA 35 U.S.C. § 102(a)(2) and § 102(d)(2). The court held that the provisional application must provide written description support under § 112(a) for at least one published claim of the corresponding reference before the reference is entitled to the earlier filing date of the provisional application. As a result, the court vacated the Patent Trial and Appeal Board’s previous obviousness decision, thus rejecting the Board’s broader standard of prior art determination. 

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G 1/25 (EPO): How Far Must Claims and the Description Really Align?

The Enlarged Board of Appeal of the European Patent Office (EPO) has just issued its decision G 1/25 ("Hydroponics"), addressing inconsistencies between the description and the claims of a European patent application, or a European patent, and what should be done about them.

 

GLOBAL IP UPDATES

 

UAE Strikes a New Chord in IP Protection




Effective December 1, 2026, businesses and organizations that use copyrighted music commercially across the UAE will be required to obtain the appropriate licenses and pay music royalties under the newly introduced Collective Management in Music Guide... 



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The Bahamas Joins the PCT



On August 19, 2026, the Bahamas became the 159th Contracting State of the Patent Cooperation Treaty (PCT). This development is a significant step toward modernizing the country's patent framework.




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Saudi Arabia Launches Digital Platform for Trademark Enforcement

Saudi Arabia has launched a pilot digital trademark enforcement platform called "Tahaqaq," developed by the Saudi Authority for Intellectual Property (SAIP) to strengthen customs-based anti-counterfeiting efforts...




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WIPO Launches First Global Forum on IP & AI



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On November 9 and 10, 2026, the World Intellectual Property Organization (WIPO) will host the inaugural Global Forum on IP and AI in Geneva, in a hybrid format allowing participation both in person and remotely.



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UAE Opens Class 33 TM Protection for Alcoholic Beverages

The UAE has officially opened Class 33 for trademark registrations covering alcoholic beverages, marking a significant evolution in the country's IP landscape.




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Kuwait:

New Requirements for POA When Filing a TM

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The Kuwait Trademark Office has introduced a change to the legalization process for Powers of Attorney (POAs) submitted with foreign trademark applications.



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BEST LAWYERS 2027

 

We are pleased to announce that all four OBWB name partners have been recognized in the 2027 edition of The Best Lawyers in America®. Congratulations on this well-deserved honor. 



Jonathan Osha [recognized in Litigation-Patent & Patent Law] has been awarded this ranking since 2014.

Jeffrey Bergman [recognized in Litigation-Patent & Patent Law] has been ranked on this list since 2024.

Carlyn Burton [recognized in Litigation-Patent & Patent Law] has been included on this list since 2021.

Yuichi Watanabe [recognized in Patent Law] was ranked on the 2027 list.

 

20-YEAR ANNIVERSARY

 
 

OBWB Partner Aron Griffith celebrates his 20-year work anniversary at the firm this month! Aron's two decades of service reflect not just professional excellence, but a deep commitment to the firm's values and its people. His dedication and steady presence have helped shape the practice and the people around him. Please join us in congratulating Aron on this remarkable milestone! 

 
 

AIPPI WORLD CONGRESS

 

Our team is delighted to be participating in the 2026 AIPPI World Congress

in Hamburg!

 

Notice of New Mailing Address


Please note that our Houston office has a new mailing address: 1100 Louisiana Street.

Suite 5050, Houston, TX 77002 USA

 
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