Supreme Court to define grounds for bringing false advertising claims
United States - The US Supreme Court decided last week to take on a case that could have wide-ranging implications for brand owners in the country. Supreme Court justices have agreed to hear printer manufacturer Lexmark’s appeal against an earlier ruling that it had engaged in false advertising by claiming that a company which manufactures components for refurbished printer cartridges had infringed on its patents.
Posted by Jack Ellis, on Jun 11 2013
Following the trolls: could judges lead anti-trademark bullying efforts?
United States - Following a White House communication outlining ways to tackle ‘patent trolls’, a call has been made for judges to shift the cost burden of litigation abuse from the defendant to the plaintiff. Could such an approach also be adopted in cases of trademark bullying?
Posted by Trevor Little, on Jun 06 2013 (1 comment)
Fans go nuts before cease and desist letter U-turn
International - This week a legal challenge, and its subsequent withdrawal, against a fan-run website dedicated to hazelnut chocolate spread Nutella has been generating media headlines. With the cease and desist letter in question being labelled a ‘routine defence procedure’, the incident highlights the need to carefully weigh enforcement strategies on a case-by-case basis.
Posted by Trevor Little, on May 22 2013
USPTO responds to trademark bullying report criticism
United States - The issue of trademark bullying remains divisive and the USPTO has written to WTR to respond to criticism of follow-up activities to the Department of Commerce’s report on litigation tactics. The split in opinions illustrates the continued challenge in creating a coherent industry stance on bullying.
Posted by Trevor Little, on May 20 2013
Dispatches from Dallas – day two
International - Following up on yesterday’s blog, here are our takeaways from day two at the INTA Annual Meeting.
Posted by Joff Wild, on May 07 2013
Measuring the impact of increased litigation on Indian court decision-making
India - WTR has previously reported on the Indian brand battles, and a natural question to ask is how the increase in advertising and trademark-related disputes has affected the judicial system. Are Indian courts becoming more specialised in IP decisions as the battle between brands enters the courtroom?
Posted by Seher Hussain, on May 03 2013
Website stokes the trademark bullying fire
International - A new website has been launched with the aim of providing information to businesses that feel they are victims of trademark bullying. Could 'trademarkbullying.org' develop into a platform for SMEs to voice their grievances and attract more attention to the issue?
Posted by Jack Ellis, on May 02 2013
How lack of truly co-ordinated approach is hindering fight against counterfeit trade
International - A number of themes have been apparent throughout the sessions at this week’s Global Congress on Combating Counterfeiting and Piracy. Alongside the need for consumer engagement in the fight against piracy, the link growing between transnational organised crime and counterfeiting was a central discussion point. But does the current environment allow brand owners, legislators and enforcement authorities to work together effectively to fight the transnational threat?
Posted by Trevor Little, on Apr 26 2013
The missing evidential link in the anti-counterfeit message
International - Antonio Tajani, vice president of the European Commission responsible for industry and entrepreneurship, and Commissioner Michel Barnier have launched a new campaign to highlight the dangers of buying fake goods. While wholly positive, another compelling argument against counterfeit trade still struggles to gain traction.
Posted by Trevor Little, on Apr 22 2013
Counterfeiting statistics need to be backed up by consumer education
International - Two reports were released this week which underline the global extent of counterfeiting and its links to other criminal activities. Trademark counsel may not be surprised by the findings of the reports, but they can play a crucial role in getting the message to the wider public.
Posted by Jack Ellis, on Apr 19 2013