The pace of change on the Internet means
that a mark could potentially become
generic within a matter of months. But is
the use of a mark as a verb, so often the
first step to ‘genericide’ in the past, now
really such a bad thing? Is it time to allow
marks “to verb up”?
While brand owners seek a common
approach to the treatment of goods in
transit, counterfeiters are using the
current rules to hide their tracks. Without
urgent attention, the tide of fake goods
could overwhelm rights holders’ defences
At first glance, two recent landmark US
decisions suggest a divergence in
approach to online contributory
trademark infringement. Scratch under
the surface, though, and consistency in
the application of previous rulings
becomes apparent