Blog results - found 55
Trademark implications of Brexit, Trump and Samsung Note 7 crisis feature in our most-read list of 2016
As 2016 draws to a close, it’s time to take a look back at the blogs which received the most reads in the past 12 months. Our list includes the brand value hit of Samsung’s Note 7 crisis, Alibaba’s spat with Chinese ecommerce rival JD.com and trademark applications attempting to commercialise the Panama Papers, Brexit and the once-popular ‘meme’ Be Like Bill.
Alibaba plays up its big data anti-counterfeiting credentials; launches alliance to fight fakes “for the entire industry”
Chinese online marketplace behemoth Alibaba in collaboration with law enforcement agency partners has revealed the results on its latest crackdown on offline counterfeiting operations. Leveraging the big data technology that Alibaba has at its fingertips, the figures appear to be impressive with 417 counterfeit product rackets halted and 332 suspects arrested but brand owners will be weary of rejoicing until they see tangible results for themselves.
YouTuber pushes FixTheFakes campaign to highlight issue of copycat channels; urges ‘crowdsourced reporting’
Popular YouTube user Thinknoodles, who has over 1.7 million subscribers, has spoken out over the perceived inadequacy of brand protection measures available for YouTube channels, hitting out at this week’s decision to modify the site's ‘verified’ tick. He contends that the most popular channels face a significant challenge in tackling copycat accounts, and that a crowdsourced effort may streamline this burdensome process.
“This is how you screw up your reputation”: Sony trademark fallout highlights challenge of online backlashes
A trademark filing by Sony for the term LET’S PLAY has caused a storm of negative PR for the tech giant. One prominent trademark attorney, who is usually a staunch defender of trademarks in the face of public backlashes, tells World Trademark Review that this is one example that he cannot defend. The angry reaction highlights the reputational challenges that can be faced when a passionate online community is stirred into action.
New research reveals that a majority of consumers have difficulty telling paid from unpaid content in the native advertising environment. For trademark counsel particularly those involved in advertising clearance activities the ongoing debate over consumer deception is one to follow.
In a trademark case which has attracted attention in the local media, the IP Office of the Philippines has dismissed an opposition filed by Apple against a Manila company’s attempt to register MY/PHONE. The tenor of press coverage provides yet another example of the challenges faced by a mega-company enforcing its brand against a local ‘David’.
A team of academics have launched a project to bring scientific rigour to trademark infringement cases, including the development of a computer tool to objectively calculate the ‘similarity score’ between brand names.
The US Supreme Court has handed down its decision in B&B Hardware v Hargis Industries, addressing the level of deference that should be afforded to findings made by the TTAB on likelihood of confusion. Commentators argue that its reversal of an Eighth Circuit decision means that trademark counsel need to think even more strategically about TTAB proceedings.
New research has found that nearly 10% of total sales of cosmetics and personal care products in the European Union are falling into the hands of counterfeiters.
The threat of genericism is a constant fear for the owners of successful mainstream brands, and one that is keepings its head above the water, despite being bombarded with genericism challenges, is Kleenex. However, the counsel charged with protecting the trademark notes that the level of misinformation online makes this an uphill battle.
(This article has been updated the new information is italicised at the end of the article) The decision by the UK's Passport Office to reject a passport application because the applicant's signature, which reads 'L Skywalker', infringed a trademark is an unusual incident, and throws up the issue of how stringently passport examiners check trademarks.
For decades universities, like their commercial counterparts, have been expanding their trademark portfolios, with the $4.6 billion industry for licensed merchandise an important revenue stream. However, one academic sector voice has accused such higher education institutions of misusing trademark law, going too far in a bid to create licensing revenue.
A trademark battle between a UK comedy club and an international entertainment studio has been ruled on by the High Court of England and Wales. While initially daunted by the prospect of taking on such a battle, the comedy club owner told WTR that confusion on social media proved important when evidencing confusion.
It has been reported by several media outlets that the key to fashion designer Stella McCartney’s victory in a trademark dispute against a Chatswood-based cosmetics company and subsidiary of Melilea International was that the mark would cause confusion when said in a “lazy” Australian accent. While this is perhaps a novel argument, according to one commentator it is a bit of a red herring.
Kitson, a Los Angeles boutique, has found itself in the crosshairs of a pharmaceutical giant for using a trademarked prescription drug name, Vicodin, on its clothing designs. This case raises interesting questions on whether the parody or commentary of a registered trademark can triumph over a brand owner’s duty to act on public health grounds against alleged infringers.
AdWords returned as a trademark battleground this week with UK cosmetics company Lush taking Amazon to the High Court of England and Wales, claiming trademark infringement. Following the Interflora ruling earlier this year, the issue of keyword use remains a live topic in the UK courts.
Damrong Maslae and his brother Damras are two independent Thai coffee vendors who have recently become caught up in what has been labelled a ‘David vs Goliath’ battle after their company Starbung was sued by Starbucks for trademark infringement. While the case has now been settled, it highlights the difficulties facing trademark counsel who are concerned that certain enforcement actions could lead to negative publicity.
The Electronic Frontier Foundation has joined forces with the Dark Knight in a dispute over the CLEAN SLATE mark, submitting an amicus brief that urges a precedent that “can help diminish the chilling effect of trademark law on constitutionally protected expression”.
A start-up law firm in the US state of Minnesota is taking legal action against a non-profit organisation that had earlier claimed the legal practice infringed its trademark rights and accusing it of bullying. At a time when lawmakers in the state are considering the introduction of litigation to curb overreaching legislation, the dispute highlights some of the complexities surrounding this divisive topic?
In a decision that will be welcomed by brand owners, the ECJ has held that colour is relevant to the global assessment of the likelihood of confusion and unfair advantage.
Register for more free content
- Read more World Trademark Review blogs and articles
- Receive the editor's weekly review by email