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Private practice perspectives on diversity: “We must push forward in the name of achieving greater equality”

Law firm professionals reflect on the theme of this year’s World IP Day, which highlights the ingenuity and courage of the women who are driving change in our world.

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Despite court's non-infringement ruling, TTAB affirms Section 2(d) refusal of MOAB for automobiles and parts

The US Trademark Trial and Appeal Board has affirmed a Section 2(d) refusal to register the mark MOAB for motor vehicles, finding it likely to cause confusion with MOAB INDUSTRIES for automotive conversion services...

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adidas takes anti-counterfeiting fight to Instagram sellers, highlights enforcement challenge faced by brands

adidas and Reebok International have filed a lawsuit against 53 sellers of alleged counterfeit goods on social media sites. For those not yet monitoring the platform, the action provides a reminder that Instagram...

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United States slides, Germany continues to rule: counsel rate court systems across the globe

Despite being key litigation battlegrounds, counsel confidence in the court systems of China and the United States remains shaky.

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Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

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Trademark trolls in Canada? Data reveals rise in “suspicious” applications are nearly all related to millionaire Gleissner

After recent reports of a steep rise in so-called “trademark trolls” in Canada, research suggests most are related to notorious trademark filer Michael Gleissner – leading to calls for the Canadian...

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Despite podcast's popularity, SERIAL trademark registration denied as generic

The US Trademark Trial and Appeal Board has ruled that 'serial' is generic for a multi-instalment audio programme and cannot be registered as a trademark.

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Trump, Brexit and Korean reunification: the political issues weighing on the minds of trademark practitioners

​​​​​​​Research from World Trademark Review reveals the political issues that counsel say could significantly impact enforcement efforts, both now and in the future.

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TTAB: REMEMBER THIS NAME fails to function as trademark for legal services

The US Trademark Trial and Appeal Board has upheld an opposition to the registration of the slogan “remember this name” as a trademark for legal services on the ground that the phrase does not function as a service mark.

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Warning: discovery misconduct can cost more than just your case

In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.

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Procedures and strategies for pharmaceutical brands: Canada

Sweeping amendments to the Trademarks Act are expected to be implemented in 2019. The amendments will fundamentally affect the way in which all trademark owners will need to approach their selection, clearance and registration strategies, and the pharmaceutical...

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Procedures and strategies for pharmaceutical brands: United States

Clearing and registering pharmaceutical trademarks in the United States are often more complex and challenging than in other countries. This is due in large part to the requirement that the Food and Drug Administration approve all pharmaceutical trade and...

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US government report finds staggering ratio of fakes on major e-commerce sites: calls for agencies to step up

A new report by the US government’s Accountability Office (GAO) has found that US agencies could be doing significantly more to tackle the growing threat of counterfeit goods.

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Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot.

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USPTO goes after the fakers; experts praise initiative to combat improper specimens, call for further action

The United States Patent & Trademark Office (USPTO) has launched a pilot program to help combat improper specimens on trademark applications. The move has been welcomed, although one expert calls for more to...

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Registries are alive with the sound of trademarks

Registrations for sound trademarks are becoming more prevalent at major IP registries around the world. We look at some of the opportunities for sound marks, as well as common challenges and how to overcome them.

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EUIPO revealed as world's most innovative IP office, but other registries are catching up

In the conclusion of our four-part series, World Trademark Review unveils the full IP Office Innovation Ranking, analyses the key findings from this year's project, and looks to the future.

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WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and the war of words over plans for an IP markets watch list.

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“IP is not about politics” – INTA CEO confirms US lobbying spend has dropped, urges counsel to support PAC

​​​​​​​In an exclusive interview, Etienne Sanz de Acedo confirms that the INTA’s spending on government lobbying in the United States has fallen in recent years – and explains why counsel should consider contributing...

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US Customs head confirmed, Latvia trims WHOIS data and trademark offers Cambridge Analytica clues: news round-up

In our latest round-up, we look at how a trademark scammer has rebranded, how a trademark may offer clues on the company that has hit headlines across the world, Cambridge Analytica, and much more.

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First glimpse of Canada’s national IP strategy leaves trademarks out in the cold

Canada’s 2018 budget plan has unveiled the first aspects of the country’s national intellectual property strategy. Although the importance of IP is much-vaunted throughout the policy statement, brand rights take a backseat in the highly patent...

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How the legal profession underutilises paralegals: exclusive interview with Deborah Hampton of Chemours

In the latest of our interview series with leading in-house counsel, The Chemours Company’s Deborah Hampton reflects on how paralegals are often underestimated and her approach to protecting the company’s global brand...

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“Trial of the century” or “tinfoil hat conspiracy”? War of words erupts over online filing models

LegalForce founder Raj Abhyanker has filed an amended complaint in his litigation battle with LegalZoom. In turn, LegalZoom has defended its practices but, with the USPTO also in Abhyanker’s sights, the case is one that trademark...

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First Circuit allows Chapter 11 debtor to terminate trademark licence; creates split with Seventh Circuit

In In re Tempnology, the US Court of Appeals for the First Circuit has held that Chapter 11 debtors may reject trademark licences, thus creating a split with the Seventh Circuit over a company’s ability to terminate...

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To play or not to play (the waiting game) in Canada?

With the new Canadian trademark regime on the horizon, rights holders should consider whether to wait or to implement a filing strategy before the present system becomes a thing of the past.

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Charting a course to success in reverse confusion claims and fair-use defences

The recent Marketquest decision offers important insight into reverse confusion claims, providing a road map for using a senior user’s mark comprising descriptive terms to market a junior user’s product.

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Data protection: WHOIS ready to enforce your trademarks?

Privacy advocates hail the new General Data Protection Regulation as a big step forward in the protection of personal data against misuse and abuse by commercial interests. But how does our increasingly global internet-based society deal with bad actors, including...

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“We’re running out of good trademarks” – groundbreaking study reveals 81% of common words are registered marks

A new study finds that most common words are already registered as single-word trademarks at the USPTO. The paper's author describes the finding as "disturbing".

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America first... for now: how Chinese and European brands are closing the gap

Exclusive analysis reveals why major US brands are feeling the pressure of increased competition in the global marketplace – and how they can fight back.

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Jones Day and Skadden named strongest US law firm brands; alternative models on the rise

Jones Day has been named the strongest law firm brand in the United States for the second year running. The new brand index also reveals the rising threat to traditional law firms from alternative legal service brands.

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US Senate confirms Iancu, Zimbabwe targets fakes and brands oppose Conor McGregor: news round-up

In our latest news round-up we look at how the Zimbabwe government is pledging to tackle counterfeit goods, the brands being accused of using “underhand tricks” to fool consumers, and much more.

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LegalForce calls on USPTO to tackle Chinese firms “practicing illegally” – allegations and threats revealed

Raj Abhyanker, founder and shareholder in LegalForce RAPC Worldwide and Trademarkia, has sent a grievance complaint to the USPTO centred on Chinese IP law firms “practicing illegally” in the United States.

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Trademark litigation slump continues; the law firms capitalising on dispute-related work revealed

The latest tracker data from Lex Machina confirms that the litigation slump continued in 2017, with the 3,782 cases filed representing a nine-year low.

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Issue 72