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.
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.
The impact of lookalike products on brand owner innovation, revenues and product investment is one that has been debated at length in the trademark community (previous WTR coverage is available here). Detailed new research on the issue has been published, but the way forward remains unclear.
Software company Fortres Grand’s claim that a fictional product appearing in Warner Bros film The Dark Knight Rises infringes on its trademark rights has been dismissed by a Northern District of Indiana court. However, the potential problem of fictional product names that are the same or similar to real-life brand names could arise for any trademark owner and the dispute offers a number of takeaways.
The Debian Project, which oversees the development and distribution of free and open source operating system Debian, has released a new trademark policy which enables third parties to use its trademarks freely for commercial purposes. While such a laissez-faire approach could be seen as risky, it also presents an opportunity for some non-profit organisations, such as open source projects, to create additional value from their brands.
Kraft Foods which produces Cracker Barrel cheese is suing Cracker Barrel Old Country Store for trademark infringement as the rustic restaurant chain prepares to sell its name-brand products outside of its own stores for the first time. The dispute highlights how extensions into new categories can bring similar brand names that have previously coexisted peacefully into conflict.
Apple’s application for the trademark IPHONE will be rejected by Brazil’s National Institute of Industrial Property next week because prior rights in the name are already held by another company, according to reports. In anticipation of the decision, the US company has filed for cancellation of the existing mark at a federal court in Rio de Janeiro, arguing that ‘iPhone’ is an expressive term.
The US craft beer craze has seen its fair share of trademark disputes. One recent incident - as reported on Denver’s Westword news site stood out because of the amicable agreement reached between Verboten Brewing and Weyerbacher Brewing, which owns the federal trademark to the Verboten name for beer. While sensible settlements are something to be welcomed, might the particulars of such an arrangement lead to difficulties for the parties further down the line?
A number of retailers have made formal complaints to US state authorities regarding Wal-Mart’s use of price comparison in advertising during the busy pre-Christmas period. While highlighting the difference in price point with close competitors can be a highly effective marketing tool, there is much to consider from a legal perspective.
This month saw the release of Flight, a film that tells the story of an alcoholic airline pilot. Throughout the movie, the protagonist can be seen indulging in a range of brand-name alcoholic beverages. The depiction of real-life brands in the film raises the issue of how much influence rights holders have over use of their marks in artistic works and provides pointers for filmmakers to avoid costly disputes with trademark owners.
Last week, WTR reported on the landmark settlement that ended the long-running keyword dispute between Google and Rosetta Stone. Research released in the week leading up to the settlement underlines the value that keywords create for Google and the challenge of mind-boggling proportions that they pose for trademark counsel.
As Australia awaits the introduction of plain packaging for tobacco products and other jurisdictions discuss similar proposals, efforts continue to fight plain packaging requirements. And while the prospect of uniform, unbranded packaging is having an impact on investor confidence, one market analyst believes that the cases for tobacco trademark protection under the WTO treaties and BIT “are very strong”.
A number of Australian supermarket chains have sought to expand their offerings of cheaper private label or ‘own-brand’ products in response to increased demand due to the recession. While a familiar challenge to many international brand owners, Australian retailers have been warned by one industry heavyweight that there is a limit to how far they can go.
WTR Premium Updates, available to subscribers, provide daily case law bulletins from across the globe. Leading the list of most-read updates in April was the decision showing that the 'bad faith' analysis under Article 52(1)(b) of the Community Trademark Regulation is subjective and that tribunals can reach different conclusions based on the same facts.
With Google still digesting last week’s Full Federal Court’s decision on sponsored links, the US Court of Appeals for the Fourth Circuit has effectively revived Rosetta Stone’s dispute with the search engine giant.
As online virtual worlds move away from a subscription-based revenue model, developers will increasingly seek advertising spend. While these virtual worlds offer a potentially huge platform to market products and services, trademark protection issues in the virtual world will mirror those in real life.
In a presentation at the European Parliament, Nunzia Varricchio, chair of MARQUES, has lamented the fact that the European Commission’s review of the trademark system has not taken the opportunity to tackle inconsistencies in the treatment of lookalikes, leaving brand owners to navigate a complex maze of legislation.
Register for more free content
- Read more World Trademark Review blogs and articles
- Receive the editor's weekly review by email