WTR weekly digest
04 January 2018
Editor's round-up
LegalForce RAPC Worldwide has initiated a number of lawsuits against competitor online trademark filings portals and this week shareholder Raj Abhyanker revealed that “this is just the start”. In an interview with World Trademark Review, he contended that the regulation he adheres to as a law firm practitioner is restricting his ability to operate on a level playing field with some competitors. As such, he argues that his end goal is a resolution that will benefit the wider legal trademark profession. Elsewhere, we spoke to the author of new research examining how religious signs are increasingly used in trade. It revealed how misappropriation by nefarious sellers can be harmful to the identity and preservation of religious cultures. The key message was that governments “should do more” to protect religious signs and that religious organisations must engage in commercial activities in order to fight back against misappropriation. We also reported on the latest legal analysis released by the Internet Corporation for Assigned Names and Numbers into the possible impact of the General Data Protection Regulation on publicly available WHOIS data. The document recommends a temporary layered access solution be adopted, but notes that such an approach is problematic for rights holders seeking to process data to investigate IP infringements. In short, the protection of trademark rights looks set to become more burdensome.

Trevor Little

IAM Patent Licensing
Legal updates
European Union ‘Juwel’ not registrable for games
European Union Zimbabwe clamps down on forged trademarks
European Union Amendments to the ‘.za’ Alternative Dispute Resolution Regulations
European Union Crushing blow for colour combination marks
European Union Court of Appeal finds modified mark likely to cause confusion
European Union TTAB rules no likelihood of confusion in Omaha Steak-out
Thought Leadership
  Timo Skurnik
Timo Skurnik
Global insight
Finland | NORDIA Attorneys at Law
Authors: Timo Skurnik, Perttu Kaikkonen
At present, the main source of substantive trademark legislation in Finland is the Trademark Act (7/1964), as amended. However, in June 2016 a working group was appointed to draft a proposal for a new trademark act, implementing the 2015 EU Trademark Directive (2015/2436) and the Singapore Treaty on the Law of Trademarks. The proposal for the new trademark act will be presented to the Finnish Parliament in Autumn 2018. Read more
  Ahmet Akguloglu
Ahmet Akguloglu
In focus
Turkey | ATG Law Firm
Authors: Ahmet Akguloglu, Ece Övgü Oral
Search engines offer wide-reaching advertising opportunities, but the law is patchy on where liability for use of metatags and keywords falls in a trademark infringement suit. Read more
WTR 1000 - jurisdictional analysis & rankings
Following Grigory Ivliyev’s appointment as head of the Federal Service for Intellectual Property (Rospatent) in late 2015, practitioners have applauded the agency’s increased efficiency and conscientiousness – especially in regard to complex trademark matters. Recent procedural code amendments mean that parties must now actively seek to resolve IP disputes before filing suit; this initiative has resulted in much more effective mediation and significantly eased judicial backlogs. Read more
Featured firm
  Davis Wright Tremaine LLP
Davis Wright Tremaine LLP
Davis Wright Tremaine LLP, with approximately 500 lawyers in nine offices, is dedicated to providing excellent legal services and delivering them in a manner that is customised to each client’s particular needs and preferences. This commitment has remained intact for decades as the firm has grown across the United States and into China. Read more
IPBC Europe 2018
IPBC Europe 2018
March 20-21 2018 – Amsterdam, Netherlands
After a long track record of delivering best-in-class IP value creation events, IAM is delighted to announce the inaugural IPBC Europe, taking place at the Hotel Okura, Amsterdam on March 20 and 21 2018. IPBC Europe is a first-of-its-kind event, developed by and for IP managers inside European companies looking to closely align IP and business strategies. It will focus specifically on the challenges IP executives face when devising and building sustainable IP value creation programmes. Read more