Blog results - found 571
This month two iconic brands, Cadbury and Scrabble, lost cases centred on the registrability of non-traditional trademarks in the UK’s Court of Appeal. While the two decisions are consistent with each other, one commentator believes that these cases show the complicated nature of trademark law (with even specialist judges finding it hard to interpret it), and has called for a new statute-based law to be implemented.
Canada and the European Commission have agreed on key elements of a Comprehensive Economic and Trade Agreement a deal which would “bring the Canadian protection of intellectual property closer to the level of the EU”. With the full text yet to be published, speculation mounts as to what that may mean in practice.
With the first US government shutdown in 17 years entering its third week, attempts to find a remedy before tomorrow’s deadline for raising the debt limit continue apace. At present, the USPTO has continued operations relatively unaffected but, should a solution not be found by the end of next week (or should a short-term solution lead to later shutdowns), the prospect of the office closing its doors will become a reality. So how big an impact would it have on trademark counsel?
Europe’s revised Directive on Tobacco Products took a big step towards implementation with today’s European Parliament plenary vote strongly backing the proposals and approving amendments that will impact the brand positioning on cigarette packets.
Although new research indicates that 73% of respondents in Hong Kong have purchased counterfeit products, more positive for brand owners is that the percentage that would do so again is dropping for certain industries. The findings provide practical takeaways for brand owners in other jurisdictions in terms of changing consumer attitudes towards fake goods.
The Coalition Against Domain Name Abuse has responded to concerns that its proposals to strengthen US anti-cybersquatting legislation would give trademark owners an unfair advantage over domainers in disputes regarding domain ownership.
The European Commission has published the long-awaited study into the economic impact of IP across the EU, carried out by OHIM and the European Patent Office. There was particularly good news for trademarks, and the challenge now will be to spread the positive message to an IP-sceptical public.
Rouse has entered into a partnership with Thailand’s Biodiversity Economy Development Office and the United Nations Development Agency to launch the world’s first BioEconomy Academy. The academy will work closely with WIPO to create branding strategies for Thailand’s geographical indications, and its efforts to highlight the importance of IP could improve the domestic framework for all brands and give Thai companies a renewed focus on international markets.
India's Department of Industrial Policy & Promotion has clarified the government’s position with regard to foreign single-brand retailers’ sale of ‘sub-brands’. Brand owners expanding their presence in India after the relaxation of foreign direct investment rules should review their trademark strategies to ensure they have adequate protection in place to meet this requirement.
As WTR reported earlier this week, the recent amendments to the Chinese Trademark Law increase damages related to trademark infringement and allow the registration of sound marks, amongst other provisions. International brand-owners are particularly interested in the amendments that regulate rogue trademark agencies but unfortunately sources remain unconvinced as to how effective these will be.
In issue 43, WTR predicted the people and events most likely to shape the trademark world in the next 18 months with ‘IP czar’ Victoria Espinel one of the names singled out to watch. Strike one for WTR then, as it has emerged that Espinel left the role this month, with the Office of Information and Regulatory Affairs’ Howard Shelanski taking up the hot-seat until a new coordinator is named.
The rise in fraudulent practices on Vietnamese ecommerce sites has led the government to issue a decree regulating behaviour in the online space. As a result, brand-owners now have a more effective framework for tracking down online infringers, say trademark counsel.
The UK IP Bill proposed legislation that would introduce criminal sanctions for infringement of industrial design rights was passed yesterday by the House of Lords, the upper chamber of the UK Parliament. However, the potential criminalisation of certain instances of designs infringement has met with criticism from some sections of the IP community.
The ICANN community descended on Durban this weekend, with the GAC's advice on “consumer protection, sensitive strings and regulated markets” one of the major talking points. For applicants and brand owners alike, the treatment of this advice will have a significant impact on the gTLD expansion but yesterdays discussions suggest that the wait for resolution will continue.
In a big week for plain packaging news, reports have emerged today that the UK government is postponing plans to push ahead with the regime. The move will be welcomed by brand owners, with reports emerging from Australia that its legislation is having some unexpected consequences.
The Government Advisory Committee has long been a brand owner ally in the fight for protection mechanisms in the new gTLD expansion. However, this week’s withdrawal of the ‘.patagonia’ application has resulted in some concern over the predictability of government objections over trademarked words.
On Wednesday the European Parliament’s Environment, Public Health and Food Safety (ENVI) Committee will vote on the European Commission’s proposal for a revised Tobacco Products Directive. Prior to the vote, five IP associations have teamed up to speak out in support of trademarks.
An article published by the Council on Foreign Relations has suggested that efforts to push China to change its approach to IP law are not worth the political and diplomatic capital the United States is spending on it. For those battling piracy, the key question is how likely a change in stance actually is.
Proposed changes to the European trademark framework were recently launched to much fanfare. As trademark practitioners digest the proposals, attention naturally turns to the likely timeframe for change. However, delegates at the ECTA annual conference were told that there are still hurdles to overcome not least achieving consensus over the “serious disagreement” on “important aspects of the package” from some member states.
The Executive Office of the President of the United States released its 2013 strategic plan for IP enforcement yesterday. Following the release last year of the US Department of Commerce study into the impact of IP-intensive industries, the White House promises a regular, annual report into the economic benefits of IP and calls for enhanced public engagement on the issues of counterfeiting and piracy.
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