Blog results - found 351
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 (Blog)
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 (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.
Most used counterfeit trade routes revealed as pressure on enforcement authorities continues to rise (Blog)
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 (Blog)
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 (Blog)
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” (Blog)
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 introduces new, brand-friendly customs rules amid push for stronger trademark protections (Blog)
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.
Last week, World Trademark Review hosted the Managing the Trademark Asset Lifecycle Europe conference in Munich. Much of the discussion on the day focused on how trademark teams can ensure that relationships across the corporate enterprise are meaningful and cooperative, rather than conflictive or inefficient. And, of course, juggling budgets to accommodate such efforts was a recurring conversation point.
Alibaba counters critical New York Times piece but e-commerce's counterfeit problem is now a mainstream issue (Blog)
World Trademark Review has covered the topic of counterfeiting for over 15 years, but it is only in the past year or so that the illicit trade in IP-infringing fakes seems to have become a topic of regular interest for the wider media. Last week, the New York Times delved into the subject, but in doing so it provoked the ire of e-commerce giant Alibaba.
Leading e-sports players must take trademark protection seriously or risk losing ownership of their gamertags (Blog)
The e-sports industry is growing at a rapid pace and its most successful professional teams are starting to form effective brand protection strategies. However, two IP lawyers in the space warn that many individual players are ignoring the risks posed by the failure to protect their gamertags.
Alibaba calls out persistent IP abusers receives criticism for "blaming the victims" (updated) (Blog)
Alibaba Group has taken a hard line against users that file false or misleading IP infringement complaints, claiming that 24% of all complaints it receives are deemed “malicious” and “a drain on the group’s efforts to stamp out counterfeits”. Highlighting its strong stance on the matter, it confirmed it had barred one company from lodging complaints due to repeated misuses of its complaints platform. However, one commentator claims that the problem is of the ecommerce giant’s own making.
Publicising ‘aggressive’ trademark enforcement; HomeVestors reveals motivation behind unusual PR move (Blog)
In a press release issued last week, HomeVestors of America highlighted the range of legal actions it initiated in 2016 and pointed to its growing reputation for aggressive trademark enforcement. For many companies, the ‘aggressive’ label is one to be avoided so World Trademark Review reached out to obtain insight into the business motivations for shouting about its willingness to litigate.
Toll of counterfeiting and piracy predicted to top $2.3 trillion as call made for governments to do more (Blog)
New research estimates that the global economic value of counterfeiting and piracy could reach $2.3 trillion by 2022, with job losses totalling in excess of 5 million. The research provides important data to policymakers. The challenge now is to ensure that they pay heed to it.
Last year was another busy one in terms of trademark strategy news, and the world’s largest and fastest-developing regional market was often at the centre of it all. World Trademark Review presents a retrospective on some of the key trademark and brand management developments in Asia-Pacific jurisdictions during 2016.
Trademark implications of Brexit, Trump and Samsung Note 7 crisis feature in our most-read list of 2016 (Blog)
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.
Trademark filings in Kurdistan have been suspended until further notice due to “administrative and management issues” at the office, World Trademark Review understands. Those seeking to secure registrations that cover the entirety of Iraq which has had two self-autonomous trademark offices since 2011 will likely have to wait until early next year for operations to resume. The development could cause headaches for brand owners seeking to enforce rights in the region, including US president-elect Donald Trump, with a ‘Trump Fish’ restaurant recently opening in the Iraqi city of Duhok.
This week, high-level brand protection professionals, investigators, industry specialists and enforcement officials gathered in Shanghai for World Trademark Review's Brand Protection Greater China summit. Across the packed agenda there were a number of critical practical takeaways for those tasked with protecting the integrity of their brands in the region.
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