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World Trademark Review 22


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 View PDF

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. View PDF

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 View PDF

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 View PDF

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 View PDF

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 View PDF

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 View PDF

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 View PDF

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 View PDF


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