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In this guest blog, Brian J Winterfeldt, principal of the Winterfeldt IP Group and president of ICANN’s Intellectual Property Constituency, provides an update on discussions at the recent ICANN meeting in San Juan, at which the spectre of a WHOIS blackout loomed large. It is a long read but an important one, in which he also outlines the practical actions that rights holders can and should take now in an effort to prevent the worst case scenario (if it isn’t already too late).
Kanye trademark battle labelled “fake news”, effective banking brands, and ‘.app’ gTLD sunrise: news round-up
In our latest round-up, we look at Canada being criticised for how it tackles counterfeits, the USPTO announcing the exhibitors for its upcoming National Trademark Expo event, research into what makes a more effective digital banking brand, and the launch of the ‘.app’ new gTLD.
A major new research project from Perkins Coie explores expectations for the augmented reality and virtual reality markets, and has uncovered growing concern over IP disputes in the environment with 38% of technology industry experts predicting a rise in trademark-driven litigation. With that threat looming in the near future, trademark counsel must take steps now to mitigate the risk.
US Customs head confirmed, Latvia trims WHOIS data and trademark offers Cambridge Analytica clues: news round-up
In our latest round-up, we look at how a trademark scammer has rebranded, Latvia's plans to cut back on WHOIS data collection, how India’s anti-counterfeiting efforts are under scrutiny and how a trademark may offer clues about the company that has hit headlines across the world Cambridge Analytica.
Plain packaging in New Zealand, JD.com in “counterfeit scandal” and WHOIS future remains uncertain: news round-up
In our latest news round-up, we look at how trademark lawyers must sometimes “take one for the team” in order to protect corporate clients, how the future of WHOIS remains uncertain, US President Donald Trump's interest in $30 billion Chinese tariffs as part of an IP theft crackdown and how New Zealand is implementing plain packaging on tobacco products.
UDRP case filings at WIPO continued their upwards momentum, with 3,074 cases handled by its Arbitration and Mediation Centre in 2017. While the rise was less pronounced than in previous years, the figure sets a new record. Worryingly for rights holders, the number of domains covered in these filings rose at a much faster rate, hitting a historical high.
Tesla overtakes rivals in brand value, a Wakanda trademark, and Amazon files anti-counterfeit lawsuits: news round-up
In our latest round-up, we look at Amazon partnering with two brands to file several federal lawsuits against parties accused of selling fake goods, how brands got creative on International Women’s Day, and how the success of Marvel’s Black Panther movie has led to a number of trademark applications.
We recently cited the rise of blockchain as one of the trademark trends to watch over the next 18 months. While we await the big bang moment in terms of IP practice adoption, the founder of a new blockchain database predicts that IP professionals will fully trust the technology within a year and it could lead to a proliferation of trademark services built on it. Looking ahead, national office activity may hold the key.
Amazon under fire for banning sale of Google Chromecast and “fulfilling” sales of fake and copycat streaming devices
Retail giant Amazon has come in for more criticism over the sale of fakes on its platform, this time for selling and fulfilling the delivery of copycat Google Chromecast products. The denunciation comes days after one small business owner accused Amazon of being “complicit with counterfeiting” a statement that went viral and has led to increased pressure on the company to take further action to stem the sale of fakes.
“A registration doesn’t necessarily trump earlier use”: takeaways from Dulwich Hamlet’s trademark dispute
The owners of a London football stadium have sent a cease and desist letter to 125-year-old football club Dulwich Hamlet over the continued use of its name. The move has sparked an online backlash against both the stadium owners and the law firm that sent the letter, with industry experts suggesting that the registration could be vulnerable to invalidation on a number of grounds.
The Confederation of All India Traders has stepped up pressure on the Indian government to pass a new Consumer Protection Bill which contains provisions designed to hold brand ambassadors liable for misleading endorsements. While there have been fears that the move could significantly impact brand and marketing strategies in the country, close reading of the bill suggests that the clampdown may not be as severe as it appears at first sight. In fact, responsible brands and celebrities could both benefit.
The latest edition of Online Brand Enforcement: Protecting Your Trademarks in the Electronic Environment, offering cutting-edge analysis and insight into brand protection strategies, is now available to view online.
No Brexit talk between IP offices, Scooby Doo infringement and Syria establishes trademark court: news round-up
In the latest news round-up, we look the latest IP case data from Saudi Arabia, the latest report from the EUIPO on the economic impact of IP infringement, the establishment of a trademark court in Syria and warnings over counterfeit security certificates.
The death knell for bulk domain enquiries? Rights holders voice concern as ICANN reveals proposed WHOIS model
ICANN’s efforts to ensure that the WHOIS function complies with the General Data Protection Regulation have moved to the next stage, with details of its proposed convergence model emerging. However, IP experts have seized on gaps in the model, claiming that it could create significant roadblocks to effective enforcement efforts.
With the General Data Protection Regulation (GDPR) becoming enforceable on May 25 2018, all eyes are on its potential impact on rights holders’ access to accurate and reliable WHOIS data. One industry expert warns of the “absurd” policies that could result from incorrect analysis of the regulations adding that cybercriminals “anywhere in the world” could soon become the biggest fans of GDPR.
Democratising trademark data: ambitious call to create non-profit to develop global e-filing standards
In an exclusive guest post for World Trademark Review, the chief executive of IP docketing technology company Alt Legal urges IP offices to work towards, and adopt, universal standards in trademark data and electronics filings. To achieve this, he is calling for the creation of a non-profit organisation tasked with promoting and developing industry best standards in relation to e-filings and trademark databases.
Gleissner activity called “biggest scam in IP history”, Samsung speculation and USPTO love song: news round-up
In today’s news round-up, we look at heavy metal band Iron Maiden pursuing a group of counterfeiters, the significant changes at the top of the new gTLD leaderboard, and a call for a “flexible IP regime” in Africa.
Logan Paul fiasco shows risk for brands on YouTube; research reveals more YouTubers seeking trademark protection
A number of recent incidents have demonstrated why rights holders must be careful when advertising on YouTube or seeking partnerships with its high-profile stars. New research from World Trademark Review also reveals that content creators on the platform many of which make millions of dollars a year in advertising, sponsorship and merchandise revenue are turning to trademark registrations to protect their channel assets.
USPTO director makes first public comments, Louboutin dismisses media speculation, and ‘.com’ rises: news round-up
In our latest news round-up we look at the first public comments from the USPTO’s new director, the Japanese government’s partnership with Nigeria to tackle fakes, further details on trademarks after Brexit, and much more.
In our latest news round-up we look at how the Zimbabwe government is hiring a technology company to tackle counterfeit goods, the brands being accused of using “underhand tricks” to fool consumers and a new report looking at the leading Chinese brands.
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