Consumer goods - World Trademark Review

Consumer goods

Full Federal Court considers nature of appellate review in cases involving evaluative assessments

In Aldi Foods v Moroccanoil, the Full Federal Court of Australia has considered the approach that should be adopted when it is called upon to consider mixed questions of fact and law.

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Can ear plugs tune out colour? Bright green colour for ear plugs not functional

In a case involving competing producers of foam ear plugs, the US Court of Appeals for the Ninth Circuit has held that there remained a dispute of material fact as to whether the bright green colour is functional for ear plugs.

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Time for non-tobacco brands to take the threat of plain packaging more seriously

In the first of a new regular opinion column, the onward march of plain packaging is examined. In the face of seemingly unstoppable momentum, now is the time to consider whether brands will remain on the sidelines or make their voices heard...

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A case of the emperor having very few clothes: descriptive word marks dressed up as logos likely to receive very thin protection

The EU General Court has upheld a decision of the Second Board of Appeal of the EUIPO in relation to seven out of eight identified groups of goods on the basis that the logo mark 3D was descriptive...

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INTA “extremely disappointed” with WTO plain packaging ruling, considering next steps

In a landmark ruling, the World Trade Organisation has upheld Australia’s tobacco plain packaging regime as being consistent with its trade obligations. The response has been mixed, with INTA voicing its disappointment and confirmed it...

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Trump administration tariffs “could help legitimise fake goods”: trade associations join up to sound alarm bells

Six major US trade associations have joined forces to send a letter warning that the Trump administration’s recent tariffs place “significant barriers on the fight against harmful fakes” and calls for an urgent...

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As Canada legalises marijuana, research finds majority of Canadians want branded packaging for cannabis products

Canada will soon allow the recreational use of marijuana nationwide. A new survey finds two-thirds of consumers in Canada would prefer branded packaging for this new market of cannabis products.

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New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

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Recent and developing trends in false advertising disputes

A group of senior trademark and brand professionals convened in New York in January to discuss recent and developing trends in false advertising law. This special report details some of the key points and presents essential takeaways.

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81% of consumers believe “branding on products matters”, as Canadian scepticism of plain packaging highlighted

New research has revealed that eight out of 10 Canadian consumers believe that “branding on products matters” because it provides information and distinguishes goods from one another.

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Europe, Middle East and Africa Team of the Year: Specsavers

It is rare that a trademark issue becomes a mainstream media story, but that was the case when eyewear giant Specsavers secured protection for the term SHOULD’VE – a shortened version of its tagline ‘Should’ve gone to Specsavers’.

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Sports, Entertainment & Media Team of the Year: Nike

This year Nike ranked third in the Brand Finance list of the world’s most powerful brands and, with a worth of $32 billion, was also identified as the most valuable apparel brand, after a 13% rise.

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Rising sales, healthy filings and new opportunities in the dynamic cosmetics sector: exclusive data analysis

In this week’s industry data report, we provide a rundown of the cosmetics market from a branding perspective. We take a big picture look at sales growth and key trends and reveal that technology trademark filings...

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US retail brands are teeming with life despite the so-called 'retail apocalypse': exclusive data analysis

World Trademark Review takes an in-depth look at the retail sector. As one of the most dynamic branding environments of any industry sector, we analyse how the top brands in this field have performed.

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Issue 74
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