World Trademark Review Issue 51

October/November 2014

Shining a light on the Darknet

The Darknet is growing at a phenomenal pace. World Trademark Review dives into the murky depths to investigate the risks for brand owners.
Tim Lince

Features

From fees to the future

World Trademark Review presents its annual focus on the Office for Harmonisation in the Internal Market, polling users to gauge sentiment on its performance, assessing the impact of upcoming legislative changes and presenting updates direct from Alicante.
Trevor Little

The Enforcement Database: an overview

The Enforcement Database is designed to provide a secure channel for businesses to exchange information with enforcement officials.
OHIM

The Convergence Programme in focus

The Convergence Programme links OHIM with national offices and user associations in an effort to find common ground in areas where IP offices have different practices.
OHIM

Time to shop around

In this article, private practice trademark counsel from 19 jurisdictions provide a general overview of the performance of their countries’ Community trademark courts.

Traditional marks in a design world

Designs are becoming more crucial to manufacturers of consumer goods – distinctive design can not only result in aesthetically pleasing products, but also help to indicate the products’ origin. But could or should designs ever replace trademarks?
Patricia Collis

Challenges with 3D marks

Registrations for 3D marks are extremely attractive to rights holders – so much so that the European Court of Justice is continually adopting a stricter interpretation of the absolute grounds for refusal.
Anders Michael Poulsen

The results are in on the ITC

The US International Trade Commission is a powerful and cost-effective weapon in the ongoing brand protection war, but remains underused.
Justin Pierce, Andrew Pratt and Andrew Price

Implications of US sanctions for rights holders

The United States maintains various economic sanctions around the world, which can directly affect rights holders. Rights holders may also be affected when they do business with Arab League countries that maintain the boycott against Israel.
E Martín Enriquez

Using numbers to win your case

Trademark cases can stand or fall on survey data that demonstrates the likelihood of confusion and actual confusion – the crucial issue is not just what type of data is collected, but how it is presented.
Michelle Mancino Marsh, Anne Elise Herold Li and Daniel Shea

New GCC trademark law sparks change across the region

The Gulf Cooperation Council States Trademark Law came one step closer to reality when it was approved by the Cabinet of Ministers in Saudi Arabia. While a single trademark law for the region is positive news, it will mean big changes for each state.
David Harper and Rachel Armstrong

Doing battle on and off the pitch

A review of IP disputes in Brazil during the FIFA World Cup and the lessons learnt.
Jose Henrique Vasi Werner and Gustavo Piva de Andrade

Columns

The first years of Brazil’s SACI-Adm

SACI-Adm, the administrative proceeding for the resolution of conflicts involving ‘.br’ domain names, has seen increasing levels of use since its launch in 2010, suggesting that it can provide swift and efficient solutions to IP infringements.
Fernanda Beser

It's officially time for a change to Canada's official marks regime

A new bill sets out proposals to overhaul Canada’s official marks regime. While the bill itself is unlikely to become law, there is a consensus that the official marks regime is in need of significant reform.
Tariq Remtulla

Quotes

Trademark-related quotes, opinions and observations from around the globe.

Co-published editorialCountry Correspondents

Domain name management

Canada: Navigating the Canadian domain name landscape
Canada

Non-Canadian entities operating in or planning to enter the Canadian market would be well advised to consider acquiring a ‘.ca’ domain name sooner rather than later.

China: The electronic trademark
China

Kangxin Partners PC

The view that domain names effectively function as ‘electronic trademarks’ is becoming increasingly prevalent, but in some respects infringement of domains can be more harmful.

India: Taking a balanced approach
India

RNA Intellectual Property Attorneys

Faced with the new gTLD roll-out, a number of strategies are available to rights holders in both existing and new top-level domains.

Italy: One way or another

Bugnion SpA

Multiple avenues are available to rights holders to protect their brands online.

Mexico: Strategies beyond registration
Mexico

Uhthoff, Gomez Vega & Uhthoff

For those who have fallen victim to cybersquatting, there are options available to recover the desired domain name.

Middle East: ‘.شبكة’ (‘.shabaka’) – a new gTLD in Arabic
Middle East

Cedar White Bradley

Strategies for brand owners in anticipation of the new Arab language top-level domain '.شبكة' (‘.shabaka’).

Poland: The case for specialised arbitration
Poland

Patpol

Arbitration proceedings can be an attractive way of resolving domain name disputes.

United Kingdom: Now is the time for review
United Kingdom

Edwards Wildman

The online domain expansion raises a number of issues for UK rights holders.

United States: A strategy in five easy pieces
United States

Edwards Wildman

A number of key decisions need to be taken when developing an action plan for policing marks in the new gTLD space.

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