Blog results - found 446
Digital language databases more effective than dictionaries or media usage to defend against genericide: study
A recent study has analysed the three most common forms of evidence used in genericism cases and found that corpus linguistics (ie, the use of a digital language databases) could prove to be “more beneficial” for rights holders looking to protect their brand from the threat of genericide. However, the author urges cautions over its use, saying that courts should reconsider the use of linguistic data altogether and reclaim the primary significance test in genericism cases.
Jamie Oliver dispute highlights certification risks; experts say new EU right creates opportunities for canny brands
British celebrity chef Jamie Oliver hit the headlines this week when his online recipes were accused of infringing a US gluten-free certification mark. The lawsuit coincides with the recent introduction of EU certification rights. While an increased risk of similar infringement suits could stir up concern among European brands, lawyers are confident that the opportunities offered by the new EU marks far outweigh the risks.
MLB’s top TTAB user, Thai IP Office gets an upgrade and Russia to introduce “Made in Prison” label: news round-up
Every Tuesday and Friday World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In this edition, we look at how India may remove the controversial Goods and Services Tax exemption for unbranded food products, how the Chicago Cubs are tackling an increase in counterfeiting following on-field success and the Japanese government’s partnership with the African Regional Intellectual Property Organisation.
UKIP “ripping off” Premier League logo, Greece warns of fake GIs, US brands in the age of Trump: news round-up
Every Tuesday and Friday World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In this edition, we look at the latest brand value ranking table, research into US brands in the Trump era, a darknet seller arrested on his way to a beard competition and the death of a notorious cybersquatter and “news satirist”.
New anti-counterfeiting best practice for landlords issued; doubts over willingness to cooperate with brand owners
A new paper from the International Chamber of Commerce’s Business Action to Stop Counterfeiting and Piracy addresses a number of challenges that landlords face in stemming the flow of counterfeit products. It also encourages increased cooperation between landlords and brand owners. However, market experts have expressed scepticism over the prospect of landlords becoming proactive partners in the fight against fakes.
Velcro’s anti-genericide song is big, bold and brash but critics question whether it will actually be effective
The legal team at Velcro Companies will be patting itself on the back today as its marketing campaign to educate the public about the proper use of its trademark went viral overnight. Response to the song has been mixed, with some commentators sceptical that it will actually lead to a change in behaviour. Nonetheless, it has raised awareness of an issue that Velcro has been grappling with for a number of years.
Netlix and Escobar family’s trademark tussle, registration fall in new gTLDs and intellectual property in Westeros: news round-up
In today’s news round-up, we look at the trademark dispute between the Escobar family and Netflix, a lawsuit between two Fish IP firms, Gene Simmons’ pledge to trademark oxygen and the significant proportion of new generic top-level domains that have seen a drop in registrations in the past 12 months.
“Super classy” Netflix cease-and-desist letter shows how to boost goodwill while tackling infringement
A cease-and-desist letter sent by Netflix to a bar that was using its trademark without permission has drawn effusive praise from online media outlets. The streaming service adopted a good-humoured approach and, in doing so, has shown how large brands can avoid accusations of trademark bullying when enforcing their rights.
Kodi calls out “trademark trolls”, UAE fakes clampdown, pressure builds in Havana Club dispute: news round-up
Every Tuesday and Friday World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In this edition, we look at the upswing in China's overseas IP revenues, the latest in the long-running Havana Club dispute, the US politicians calling on the Internet Corporation for Assigned Names and Numbers to introduce tighter generic top-level domain regulations and a software company's angry response to so-called 'trademark trolls'.
McDonald’s sticky situation, Taylor Swift overreactions, USPTO’s Irma notice and Brexit reaction: Friday round-up
To accompany our usual analysis and commentary, we bring you the latest news updates from around the trademark world. From the outcry over Taylor Swift’s latest trademark applications to industry reaction to the EU Commission position paper on IP rights post-Brexit, here are the developments that we think are worth having on your radar.
The WTR Premium Daily email will be taking a summer break over August, with the full intelligence and daily email service for subscribers recommencing on Monday September 4. As we head into our break, here’s a look at the most popular articles and legal updates we have published over the past 12 months with coverage of a call for an improved YouTube takedown process just beating the news that Google has become the world’s most valuable brand to top place.
A press release issued today has announced that Kering and Alibaba Group have signed a “landmark agreement” to cooperate in the protection of intellectual property and engage in joint enforcement activities. The shock move, by an organisation that has been highly critical of the e-commerce giant, brings to an end Kering’s headline-grabbing lawsuit against the Chinese company.
Positive news for luxury brands as advocate general paves way for tighter control of online distribution
In an opinion on a case before the European Court of Justice, Advocate General Wahl has stated that a supplier of luxury goods may prohibit authorised retailers from selling its products on third-party platforms such as Amazon or eBay. If the opinion is followed by the court, it will significantly strengthen the ability of luxury brands to control the exclusivity and market placement of their products.
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.
Most used counterfeit trade routes revealed as pressure on enforcement authorities continues to rise
New research has revealed that counterfeiters are using Hong Kong, the United Arab Emirates and Singapore as their main global trading hubs, importing containers of fake goods which are then sent by post or courier in smaller consignments. While providing useful intelligence for rights holders and enforcement officials, the report also highlights a worrying conundrum facing Customs authorities.
“We are the online leader in anti-counterfeiting”: Alibaba’s Jack Ma talks tough as company seeks to woo US SMEs
This week Alibaba is hosting a two-day conference designed to highlight to a range of US-based small and medium-sized enterprises the lucrative business opportunities available in China (and how the e-commerce giant can help them tap into the market). In an on-stage interview, executive chairman Jack Ma took the opportunity to talk up the company’s anti-counterfeiting activities. By making brand protection a central part of its pitch to new customers, the responsibility to provide a truly trusted environment is increasing.
A violation of the First Amendment: Supreme Court issues long-awaited decision on disparagement clause
The Supreme Court has handed down its long-awaited ruling in Matal v Tam, holding that the disparagement clause of the Lanham Act violates the Free Speech Clause of the First Amendment. In a unanimous 8-0 opinion, the court states that “the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’”. In response, the USPTO has confirmed to World Trademark Review that it plans to "issue further guidance" on how it will affect the examination of applications.
Proposed changes to Singapore’s customs regime could aid counterfeiters “looking for enforcement gaps”
Time is running out for rights holders to have their say on proposed changes to the Singaporean customs regime. Designed to increase the country’s attractiveness as a transshipment hub, one industry expert has warned that the proposed amendments to the Customs Act could have the opposite effect, and create enforcement gaps that could be exploited by those engaged in counterfeiting and other illicit activities.
Pakistan recently added new IP provisions into its 2001 Customs Rules which are broadly expected to improve enforcement outcomes for brand owners importing goods into the country. The regulatory update comes amid a range of reforms that have been aimed at enhancing IP rights protections in Pakistan.
The World Trademark Review Yearbook provides legal professionals worldwide with a simple, easy-to-use guide on the structure of trademark regulations in key jurisdictions across the globe. The 10th edition, which includes an interactive online comparison tool which allows practitioners to directly compare trademark procedures in up to four countries, is now available online.
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