Legal updates

European Union
Enforcing single-letter marks as purely figurative
The EU General Court has dismissed eyewear manufacturer Oakley’s appeal against an EU trademark application on the grounds of likelihood of confusion and potential unfair advantage, based on its earlier mark consisting of a stylised letter ‘O’. The judgment confirms the difficulty in protecting single-letter marks, suggesting that it may be preferable to register them as purely figurative.
United States
Trademark litigant must produce documents held by foreign subsidiary
A US district court has held that Republic Technologies (NA), LLC could be compelled to produce documents located in France if they were relevant and within Republic’s control with regard to a declaratory judgment action against competing cigarette paper manufacturer HBI International. However, the court limited production to those documents that were used in or revealed the design process for products marketed and sold by Republic in the United States.
Australia
Court orders ‘anywhere in the world’ injunction against Twitter
A recent case concerned a Twitter user who had been tweeting financial information which was confidential to the plaintiff. The court issued an injunction against the account and the case demonstrates the willingness of the Australian courts to grant injunctions on an ‘anywhere in the world’ basis against social media operators. It may be particularly useful to parties seeking to enforce their IP rights where an infringement has occurred on social media.

Blog

11 Dec 2017
News Courts get creative and changes coming to WeChat: practical takeaways from Brand Strategy China 2017
​​​​​​​Last week in Shanghai World Trademark Review hosted our latest event, Brand Strategy China 2017, a high-level, industry-led exploration of brand protection and value creation strategies for businesses operating in China. The day was packed with critical insights and practical takeaways for those tasked with creating, protecting and managing brands in the region. A selection is presented here.
08 Dec 2017
Analysis US retail brands are teeming with life despite the so-called 'retail apocalypse': exclusive data analysis
This week, World Trademark Review takes an in-depth look at the retail sector. As one of the most dynamic branding environments of any industry sector, we examine the growth of the market, highlight the most important jurisdictions and analyse how the top brands in this field have performed.
08 Dec 2017
Lego clinches another IP victory, police powers for Moldovan IP office and plain packaged political parties: news round-up
Every Tuesday and Friday World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In this edition, we look at the IP implications of the European Union and Japan’s finalised trade deal, the brands that are signing a major anti-counterfeiting declaration and another victory for Lego in China.

Explore the current issue

No magic cure – why product authentication will not stop Chinese counterfeiters

Several technology companies are promising to eradicate counterfeits from the Chinese marketplace as part of their marketing push. However, rights holders should be wary of trusting that product authentication will make a major dent in the battle against fakes in China
Dean Arnold reports

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