Blog results - found 20
Procter & Gamble appears to be intensifying its enforcement efforts in relation to its key product brands, as it tackles another alleged violation of IP rights covering its Head & Shoulders haircare line.
After a year-long consultation, the UK government’s Department for Business, Innovation & Skills has concluded that brand owners should not be able to seek civil injunctions against ‘copycat packaging’ because there could be “unintended consequences” in changing the status quo. The British Brands Group has described the decision as “bad for shoppers, bad for brands and bad for fair competition”.
The Court of Appeal of England and Wales has upheld a High Court ruling that Topshop's sale of a Rihanna t-shirt without her approval was an act of passing off.
A British charity’s dispute with a far-right political party over the use of the red poppy image highlights both the difficulties facing cause-related not-for-profits when their message is politicised and how trademark law could come to the rescue.
The confirmation that Twitter will let complainants use common law trademark rights in its complaints form has been welcomed by trademark practioners.
Icelandic Seachill has secured a UK High Court interim injunction against German retailer Aldi after it alleged that the store’s ‘The Fishmonger Saucy Salmon Fillet’ products infringed its THE SAUCY FISH COMPANY trademarks. The case will be one for brand owners to follow, not least because it is rare for brand owners to resort to legal action against retailers in disputes centred on alleged copycat products.
Following Alibaba’s recent call for increased brand owner co-operation, World Trademark Review has been contacted by one trademark practitioner who has expressed frustration with the prevalence of counterfeit products on the site and argues that the e-commerce giant should be under certain obligations to filter out fake goods.
The impact of lookalike products on brand owner innovation, revenues and product investment is one that has been debated at length in the trademark community (previous WTR coverage is available here). Detailed new research on the issue has been published, but the way forward remains unclear.
Could trademark troubles hamper the Indian expansion plans of international brands? (updated) (Blog)
News from India last week suggested that IKEA’s plans to open its first stores in the country could be hampered by issues surrounding its trademarks. Retailers about to enter the Indian market in light of the country’s relaxation of foreign direct investment rules should make sure their trademark rights are secure.
New research provides a roadmap through which judicial consistency in passing-off and lookalike cases could be achieved. The key will be ensuring that judges embrace the latest scientific thinking.
A number of Australian supermarket chains have sought to expand their offerings of cheaper private label or ‘own-brand’ products in response to increased demand due to the recession. While a familiar challenge to many international brand owners, Australian retailers have been warned by one industry heavyweight that there is a limit to how far they can go.
In a presentation at the European Parliament, Nunzia Varricchio, chair of MARQUES, has lamented the fact that the European Commission’s review of the trademark system has not taken the opportunity to tackle inconsistencies in the treatment of lookalikes, leaving brand owners to navigate a complex maze of legislation.
A legal wrangle between the makers of the Magic Tree air freshener and photo bank Getty Images, which centres on the use of a trademark in photography offered by the image bank, could increase the policing burden for trademark owners.
French legislators are considering a new law that would effectively prohibit drugs manufacturers from enforcing their trademark rights in a tablet once the relevant patent has expired. Commentators have said that this proposal could “paralyse” the benefits of trademark protection not only for French rights, but also Community trademarks and designs.
It is one year until the London Olympic Games commence, but the organising committee is already facing plenty of trademark issues. Chief among them, say observers, is how to strike the balance between sensible trademark enforcement and overly aggressive enforcement that could damage the Olympics brand itself.
WIPO has said it "will not tolerate" a persistent scam that uses an allegedly infringing logo to attract trademark registration. The site's registered trademarks list, featuring marks filed by firms such as Dewey LeBoeuf and Neal Gerber Eisenberg, is based on data from the United States Patent and Trademark Office register. However, the fraudulent website remains live months after WIPO became aware of the problem.
A minister in China's government has expressed his support of domestic innovation while simultaneously suggesting that knockoff products should be encouraged.
WIPO has admitted that potentially infringing use of its name and logo has increased since its corporate rebrand earlier this year. The frequency of scams and fraud committed against Madrid system users has reached a plateau, but potentially infringing websites are still live and trademark owners are still receiving fraudulent invoices.
While the Court of Appeal for England and Wales has followed the European Court of Justice ruling in L’Oréal v Bellure, Lord Justice Jacob has made it clear he isn’t happy about muzzling commercial free speech. Expect the debate over free riding to continue.
Justice Arnold has called for brand owners to react quicker to copycats or risk encouraging greater infringement and more costly legal action. However, are brand owners really reluctant to act or is hesitancy related to a feeling that the UK is the straggler when it comes to unfair competition in Europe?
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