Blog results - found 284
Lawyer suggests trademark law be used “as a weapon against neo-Nazis” following misuse of Detroit Red Wings brand in Charlottesville (Blog)
A leading litigator at Florida firm Johnson Pope has spoken out about how trademark law can be used “as a weapon” against the misuse of brands by hate groups. This follows global media coverage of white supremacists using the branding of the Detroit Red Wings during recent protests in Charlottesville, with the hockey club forced to issue a statement to clarify that it was not associated with the protesters.
Mystery over fake TMview site owned by Gleissner; source suggests tycoon may seek license fee from EUIPO (Blog)
A website owned by a company related to notorious trademark filer Michael Gleissner has been found imitating the EU Intellectual Property Office’s search platform TMview. The site has been described as a “phishing page” by one attorney, but an insider source tells World Trademark Review it is more likely that the entertainment tycoon is looking to sell or license the domain to the EUIPO.
New anti-counterfeiting tech firm insists it could “kill the fake markets instantly”; critic says claim “ignores the reality on the ground” (Blog)
A new anti-counterfeiting technology company, which uses QR codes to allow consumers to identify authentic products, has been making bold claims since it launched in June. A representative for the company tells World Trademark Review that it has the potential to “kill the fake markets instantly” by offering free access to its technology. However, one commentator has decried IP service companies which promise an ‘end to counterfeits’.
New anti-counterfeiting coalition aims "to lead” in lobbying Trump administration to step up fight against fakes (Blog)
The Precious Metals Association of North America has announced the formation of a national coalition to “protect IP rights against foreign counterfeiting operations”. A representative tells World Trademark Review that the organisation has already begun discussions with influential members of Congress and the Trump administration to strengthen federal efforts to tackle foreign counterfeit operations.
Groundbreaking study suggests extraterritorial application of US trademark law “burdens” rights holders (Blog)
A first-of-its-kind empirical study into the territorial scope of US trademark law has concluded that much of the conventional wisdom regarding extraterritorial rights “is questionable, if not incorrect”, with its author declaring that “the current over-extension of the Lanham Act must be curbed”. Crucially, the research provides insights that could aid US brand owners in future enforcement endeavours.
Counterfeit buyers increasingly using Chinese agents that promote sending fakes through “sensitive shipping lines” (Blog)
Evidence suggests that purchasers of counterfeit goods are increasingly using buying agents in China to send their products to them internationally. Worryingly, some of these agents are proactively promoting their ability to get replica products through customs with one promising that they will be sent via “sensitive shipping lines”.
Food brands in India abandoning registered rights to avoid “trademark tax”; expert decries short-sighted reaction (Blog)
Reports have emerged of a number of food traders in India giving up their registered trademarks to avoid a newly implemented 5% goods and services tax. One senior IP expert confirmed to World Trademark Review that this new tax affects both domestic and international companies, but accused companies giving up trademark registrations as taking a “myopic outlook” as the benefits of a trademark far outweigh a 5% tax outlay.
Biggest marketplace on the darknet taken down by authorities; illicit goods and counterfeits still rampant (Blog)
The most popular destination to trade illegal goods on the darknet, AlphaBay, has gone offline following law enforcement action by authorities in the United States, Canada and Thailand. For rights holders that have been tackling illicit goods on the darknet, this could be viewed as a blessing but as the shutdown of the Silk Road marketplace demonstrated, users will soon flock to other markets. Exclusive research by World Trademark Review confirms that there are still thousands of counterfeit goods on sale on other darknet sites.
‘Michaeled’ bags, ‘Okly’ sunglasses; how counterfeiters are using "brand codewords" to get around marketplace filters (Blog)
Sellers of counterfeits and imitation products on various online marketplaces are adopting brand-based keywords to avoid being caught by search filters implemented to identify and remove listings for fake goods. While the use of keywords is an extra hurdle that brand owners must overcome when enforcing against counterfeits, it also demonstrates the extra effort that sellers must now go to due to additional rights protection mechanisms being implemented by e-commerce platforms.
Groundbreaking study suggests trademark count, rather than patent count, is a better predictor of innovation (Blog)
A new study has benchmarked the most common innovation proxies and concluded that the size of a company’s trademark portfolio is a more consistent indicator of innovation than patent count or R&D expenditure. The result adds to the evidence that trademarks hold value beyond simple exclusivity and recognition, with one academic telling World Trademark Review that it may indicate that these rights “are actually undervalued”.
A number of platforms have attempted to enable the sale of registered trademarks, but so far none have succeeded in making it a mainstream practice. However, according to the CEO of the largest trademark marketplace in the world, that could be set to change as practitioners at large companies “wake up” to the potentially lucrative opportunities of selling unused marks.
Exclusive survey finds OAPI agents broadly optimistic but concerns raised over frequent errors, slow examinations and soaring trade in fakes (Blog)
An independent survey conducted by World Trademark Review has assessed the sentiment of agents accredited by the African Intellectual Property Organisation (OAPI) and feedback was decidedly mixed. While agents were broadly positive about a number of aspects of the office’s operations, there were a number of concerns voiced about the speed of examinations, frequent errors made on official documentation and a lack of English-speaking staff with OAPI also urged to help tackle the escalating counterfeiting problem in the region.
More brands should convey political values and take a stand on divisive issues, research suggests (Blog)
A new research paper by an academic at the University of North Carolina School of Law has proposed that rights holders conceptualise trademarks “as a frontier for social entrepreneurship”. The research finds that in an environment of increasing political and media distrust, brands could fill that void and provide consumers with “authenticity and enduring values”, but must also weigh up the risks of taking certain divisive positions.
New data has revealed that technology giant LG was the most prolific filer of trademark applications at the US Patent and Trademark Office in 2016, with entertainment conglomerates CBS, Time Warner and Disney just behind. Meanwhile, Apple which had the most trademarks of any major tech company a few years ago filed less than 70 marks last year, leading one industry commentator to ask: “Hey Apple, why aren’t you filing trademark applications?”
Numerous ‘offensive’ trademark applications filed following Tam ruling; applicants reveal commercial hopes and exploitation fears (Blog)
It is a week ago today that the Supreme Court handed down its long-awaited ruling in Matal v Tam, holding that the disparagement clause of the Lanham Act violates the US Constitution. On the day of the ruling, there were at least 11 trademark applications filed that could be deemed disparaging or offensive. We reached out to the applicants of these filings to find out why they have chosen now to make their applications, and how they expect last Monday’s decision to affect them.
The search to prove that trademark dilution exists; new study casts “serious doubt” on validity of current evidence (Blog)
Trademark dilution is an often-used legal concept by rights holders of well-known brands, and has been at the centre of a number of well-publicised court battles. Nonetheless, it is also an elusive concept and a new study which sought to shine further light on the phenomenon has concluded that there are “serious doubts” on the validity of all current evidence of its existence.
“Simple and correct” or “tremendous damage to minorities”? Opinion split on Matal v Tam decision (Blog)
The long-awaited Supreme Court decision in Matal v Tam was handed down yesterday and immediately caused heated debate. Following our coverage of the decision, we approached a number of trademark experts to obtain their analysis of the wider implications and what it practically means.
Hand gesture trademark application likely "publicity stunt" by Gene Simmons, but practitioners should engage to quell IP backlash (Blog)
As news articles around the world have reported, Gene Simmons, frontman of rock band KISS, has filed a trademark application for the so-called ‘devil horns’ hand gesture. The news has caused outrage towards both Simmons and the concept of trademark law itself, although some point out that it is likely just a publicity stunt. Nonetheless, faced with yet another IP backlash online, trademark community members should proactively engage in the discussion and quell misperceptions about the law.
Manchester United crowned champions of trademark Premier League; expert warns football clubs “missing huge opportunities” to capitalise on brands (Blog)
New research conducted by World Trademark Review reveals that, for the second year in a row, Manchester United has the most registered trademarks of any club in the English Premier League although champions Chelsea are not far behind. However, one leading industry commentator has warned that most clubs do not make effective use of their lucrative brand assets.
Going it alone: Cayman Islands to create local trademark registry, further calls to join Paris Convention (Blog)
The new Cayman Islands trademarks law will be implemented on August 1, transforming how international brand owners attain protection in the Caribbean jurisdiction. Previously, a UK or EUIPO registration was required to attain trademark rights on the island, but this practice will end, with only national applications filed by local agents being accepted. However, there are claims the changes don’t go far enough, with one commentator calling for the country to join the Paris Convention.
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