Blog results - found 28
Groundbreaking paper suggests neuroscience could transform trademark strategies both inside and outside the courtroom
A new research paper foresees a future in which brain scans fundamentally transform the current understanding of trademarks. The paper, released last month, predicts that so-called 'neuromarks' a neural map unique to each brand could become crucial sources of evidence in trademark disputes and provide a biological baseline for the basic questions at the heart of trademark law.
This week, LegalForce founder Raj Abhyanker filed an amended complaint in his litigation battle with LegalZoom. The dispute centres on the latter’s business model, which Abhyanker alleges involves the “brazen, illegal, unlicensed practice of law”. LegalZoom has defended its practices but, with the USPTO also in Abhyanker’s sights (and given the parties involved), the case is one that trademark counsel will want to follow closely.
In November we reported that the decade-long downward trend in US trademark litigation actions showed no sign of correction. The latest tracker data from Lex Machina confirms that the slump continued in 2017, with the 3,782 cases filed representing a nine-year low. With competition for the litigation dollar intensifying, the data also reveals the firms which are leading the representation rankings.
A jury in a US federal court has rejected claims that the COMIC-CON trademark has become generic, ruling that a Utah-based comic convention’s name infringes the mark owned by San Diego Comic-Con. Although the dispute has been billed as a major test case for questions surrounding genericide, one legal commentator suggests that it will have more of an “atmospheric” than precedential effect.
Chanel bursts through $1 billion damages barrier as Coach revealed as top US trademark litigation filer
New data reveals that while Coach has filed the most US trademark litigation actions over the past nine years, Chanel is a clear leader in terms of bang for their litigation buck. Over that period, the luxury brand was awarded more than $1 billion in damages almost double that of second-place Burberry. While these are headline-grabbing figures, the decade-long downward trend in litigation actions is set to continue, with this year’s filings level expected to hit a nine-year low.
Costco to appeal latest ruling in Tiffany dispute; claims case isn't about “common understanding” of counterfeiting
A US District Court judge has found that Tiffany & Co is entitled to recover $11.1 million in lost profit (plus interest), as well as $8.25 million in punitive damages, from Costco over the sale of counterfeit Tiffany rings. In response, the wholesale giant has pledged to appeal, contending that the case is not about counterfeiting “in the common understanding of that word”.
Groundbreaking study suggests extraterritorial application of US trademark law “burdens” rights holders
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.
Supreme People’s Court issues guidance on protection of publicity rights in light of Qiaodan decision
Following its ruling in the widely publicised Qiaodan dispute, China’s highest court has issued a judicial interpretation on the registrability of personal names of celebrities and other ‘public figures’ under the country’s Trademark Law.
One-fifth of foreign applicants’ judicial challenges against Chinese trademark office decisions are successful
Data on administrative disputes at the Beijing IP Court indicates that foreign parties have enjoyed particular success in recent years in reversing unfavourable decisions made by the Trademark Office of the State Administration of Industry and Commerce, China’s trademark-issuing agency.
Exercise tracking technology company Fitbit has filed a lawsuit against a New Jersey business which sells discontinued and refurbished products to consumers. In the suit, Fitbit claims the defendant sold ‘counterfeit’ and ‘non-genuine’ versions of Fitbit products a claim staunchly denied, with a representative telling World Trademark Review that Fitbit is engaging in “litigious scare tactics” in response to a lawsuit it had filed a month previously.
First in-depth trademark data from Beijing IP Court reveals quarter of 2015 cases involved foreign parties
The first annual report on the activities of the Beijing IP Court published by litigation analytics firm IPHouse and covering 2015 suggests that the specialist venue is proving an efficient forum for domestic and foreign trademark owners alike.
Swarovski praises Alibaba Group suing counterfeiters; JD.com takes swipe at rival’s “lax IP enforcement”
Following a raft of coverage on Alibaba Group’s unprecedented decision to sue two vendors that sold fake watches on its Taobao marketplace platform, Swarovski has released a statement praising the move. The online giant has pledged more such actions but the response hasn’t all been positive, with e-commerce rival JD.com telling World Trademark Review that counterfeiters will continue to “flock” to Alibaba platforms and accusing it of “lax IP enforcement”.
China’s top court has handed down its eagerly anticipated ruling in one of the country’s most high-profile trademark cases to date. While it is a partially positive result for former professional basketball player Michael Jordan, commentators note that it is too early to adjudge its wider effect.
Trademark enforcement data emanating from China shows that civil infringement litigation is on the rise perhaps indicating that the country’s courts are shaking off their negative image for unpredictable judgments and protectionist biases. But a closer look at the evidence suggests that Chinese courts are still failing to attract foreign rights holders.
Earlier this year we reported on data which highlighted a fall in trademark litigation filings in the US. If this trend continued, we noted, it would ring alarm bells in law firms that rely on contentious work for their revenue streams. With that in mind, we thought it would be a good time to see if the trend has continued downward in the intervening months.
A new era for the Swedish IP market will be ushered in on September 1 2016 with the opening of the Patent and Market Court in Stockholm. Swedish participants in this year’s WTR 1000 research process have welcomed the introduction of this specialised, IP-exclusive court as an overwhelmingly positive development for their jurisdiction.
Recently released data suggests that foreign trademark owners have enjoyed significant success as plaintiffs at the Beijing IP Court since it was established 18 months ago.
Trademark suits down as research reveals most litigious companies (and the firms that represent them)
New data from Lex Machina has highlighted a fall in trademark litigation filings in the US, with case numbers in the first quarter of this year at a seven-year low. If this trend continues, it will ring alarm bells in law firms that rely on contentious work for their revenue streams.
Drawing on the expertise of professionals from organisations such as the Camuto Group, Facebook, the Henkel Corporation, the Trademark Trial and Appeal Board and Verizon, the stellar speaking faculty for Trademark Litigation: Practical Strategies will drill down into complex litigation strategies, offering practical advice on how to maximise success.
World Trademark Review has learned of an unprecedented move by the Dominican Republic trademark office (ONAPI), which has filed suit against the country’s own Court of Appeal after it overturned an ONAPI decision regarding the registration of a trademark.
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