World Trademark Review 22
Features
Philips – managing a master brand
Philips restructured its trademark management
system just before the recession began to bite. This
now looks like a smart move, as it further streamlined
the company's protection and value extraction
processes at a critical time
New insight on the pillars of US trademark practice
Prosecution and litigation are two central columns supporting the
business of protecting trademark rights in the United States. The first
of those pillars has undergone a significant change in recent months,
while the second remains as complex as ever. In this three-part special,
WTR examines and provides guidance on the latest developments at
the US Patent and Trademark Office (USPTO) and the federal courts.
The dangers posed by Bose
By overturning the Medinol doctrine on fraud, the
Federal Circuit has removed the threat of cancellation
hanging over many trademarks, but the decision
re-opens the door to falsely obtained registrations in
clear breach of the Trademark Law Revision Act
Judge versus jury: key tips for success
The decision on whether to try a case before a judge or
a jury is a vital part of US trademark litigation strategy.
Picking the wrong option can prove damaging
Damage limitations
Most litigation is geared towards obtaining an
injunction, but damages are often well worth
pursuing. The challenge for rights holders is that
the requirements for obtaining an award tend to
differ in each federal circuit
Sealing the deal
The co operation fund has ignited an animated
debate across the European Union. WTR asks
whether the money can harmonize Europe’s
fragmented trademark system once and for all
India's opposition gridlock
Opposition backlogs have reached alarming levels in
India. The Intellectual Property Office’s new controller
general claims to be taking steps to rectify the
problem, but recent cases show that rules designed to
curb unnecessary delays are being abused
Proof of distinctiveness now a lottery in South Africa
South African trademark law has historically followed
a similar path to EU legislation. However, a recent
ruling from the Supreme Court on distinctiveness
through extensive use appears to signify a dangerous
departure from European precedent
The future of selective distribution
Selective distribution can be vital to preserve brand
image. Competition policy is changing in Europe and
rights holders must be aware of the implications
