MTA 2017
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WTR weekly digest June 15 2017
Editor's round-up
World Trademark Review issue 67
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This week new research from the Chief Marketing Officer Council found that almost half of consumers would rethink purchasing from brands that place adverts alongside offensive or objectionable content. Crucially, even preferred brands are open to consumer punishment if advertising is positioned on untrusted media platforms or the company is not seen to be taking active steps to control the integrity of their advertising environments. While the report didn’t explicitly explore the effect of advertising on IP infringing sites, we argued that it does provide an opportunity to engage in discussions around the use of programmatic advertising technologies and how brands can find themselves funding the very websites that their legal teams are trying to battle. Elsewhere, we reported on the news that Sharp Corporation has initiated an unfair competition lawsuit against Chinese brand licensee Hisense, which produces and markets Sharp branded televisions in the Americas. A rare instance of a brand – rather than patents – taking centre stage in a tussle between tech giants, the dispute also highlights the delicate balancing act that must be walked when initiating an action that could harm brand reputation. We also announced details of the third annual Managing Trademark Assets conference, which will take place in Chicago on October 17. Coming at a time when many trademark counsel continue to struggle with budgetary pressures, the event will drill down into the cost-effective management of international brand portfolios.

Trevor Little

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Legal updates
European Union ECJ widens scope for forum shopping in Hummel Holding v Nike
European Union High Court rules on scope of protection for reputed marks
European Union Expanded protection for geographical indications
European Union Carlsberg bottle design not so novel
European Union Nestlé loses latest appeal in Kit Kat 3D trademark battle
European Union As Sharp and Hisense square off in trademark tussle, brand reputation takes centre stage
European Union ‘Drop-catching’ defence tested in South African domain name complaint
Market intelligence
  Vladimir Anohin
Vladimir Anohin
Global insight
Latvia | Agency TRIA ROBIT
Authors: Vladimir Anohin, Bronislavs Baltrumovics, Katerina Grishina
In Latvia, the legal framework for trademarks consists of international agreements, EU directives and regulations, and domestic laws and ordinances. Latvia is a party to all major international IP agreements, including the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights. Read more
  Eryck Castillo
Eryck Castillo
In focus
Mexico | Uhthoff, Gómez Vega & Uhthoff
Authors: Eryck Castillo, Jimena Chi Barrales
Managing domain names involves maximising business opportunities while protecting against infringement. A clear internal domain name policy can help to reconcile these aims. Read more
WTR 1000 - jurisdictional analysis & rankings
Thanks to the effectiveness of its accelerated filing system, Israel is an attractive destination for brand owners. Examination normally commences within 12 to 16 months of filing, but if a fee is paid, it is possible to have this take place within one month – and have the whole registration process sewn up within four. This is especially valuable for companies seeking to invest in vital new brands. However, the threshold for inherent distinctiveness is unusually high and the Israel Patent Office tends to reject 3D trademark applications altogether in the absence of exceptional circumstances. Read more
Featured firm
Zacco is a modern, consultancy-driven company with a 360-degree perspective on intellectual property, from patent filing, trademark registration and design protection to dispute resolution, information security and portfolio management. Zacco comprises more than 300 experts in all aspects of intellectual property, including a large number of experienced patent, trademark and design attorneys as well as highly skilled attorneys at law, paralegals and IT specialists. Read more
ECTA 36th Annual Conference
ECTA 36th Annual Conference
June 28-July 1 2017 – Budapest, Hungary
The European Communities Trademark Association’s (ECTA) 36th annual conference will deal with the latest developments in trademark and design law and offer optimal networking opportunities with friends and colleagues. ECTA brings together individuals and companies practising or engaged in all EU member states in the fields of trademarks, designs and related IP rights, with the aim of promoting knowledge and professionalism among members and owners alike. Read more
Managing Trademark Assets 2017
Managing Trademark Assets 2017
October 17 2017 - Chicago, USA
Now in its third year, Managing Trademark Assets will provide attendees with practical strategies for effectively managing international portfolios despite budgetary constraints. Attendees will hear senior counsel from a range of industries discuss their successes and failures, and share critical insights. Read more