Blog results - found 17
In a landmark ruling, the World Trade Organisation (WTO) has upheld Australia’s tobacco plain packaging regime as being consistent with the WTO’s trade obligations. The response has been mixed. While the Canadian Cancer Society has told World Trademark Review it gives a “big boost” to plain packaging momentum, INTA has voiced its disappointment and is regrouping on the issue.
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.
French legislators have resurrected a provision that would effectively prohibit drugs manufacturers from enforcing their trademark rights in a tablet once the relevant patent has expired.
UK IP law will allow for some variation on a single colour mark, but public perception remains key to establishing distinctiveness and claiming ownership. At least, that’s the takeaway following Cadbury’s victory over Nestlé in its claim to the colour purple for chocolate.
Procter & Gamble (P&G) has found itself in a potentially tricky trademark situation after genuine, cut-price Duracell batteries in packaging that screams ‘counterfeit’ at consumers found their way onto online marketplace Amazon.com. The incident highlights the trademark issues that can arise when working with original equipment manufacturers (OEMs).
As the Australian government prepares its final and fatal blow to advertising stalwart Marlboro Man’s cool and macho image by banning branded packages, familiar battle lines are being drawn by those in the pro and anti plain packaging camps. But the trademark lobby may hold the aces in terms of derailing the legislation.
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.
The long-awaited decision of a World Trade Organisation panel on Australia’s decision to enforce standardised packaging on tobacco products has been ‘imminent’ for years. While the wait continues, governments across multiple continents including Africa, Asia and Europe are introducing plain packaging legislation at an increasingly swift rate. Despite this, the anti-plain packaging lobby has not given up yet
At the start of this month, the Australian government began to implement a new set of standards for ‘country of origin’ labelling for food products sold in the country. Brand owners should take the time to familiarise themselves with the new system, as it could have an impact on their trademark filing and management strategies.
China’s Supreme People’s Court is poised to rule on a case which could provide a major test of how courts in the country, whose laws do not explicitly protect trade dress, will handle disputes over product packaging.
A new study has concluded that plain packaging for food products may reduce an individual’s purchase intent, but could actually lead to increased consumption once a product is purchased or offered. These findings suggest that measures to reduce unhealthy food intake by introducing plain packaging could have “adverse effects”.
Canada has signalled its intention to remove trademarks from tobacco packaging, just six months after the United Kingdom and Ireland approved plain packaging legislation. The newly elected Liberal government in Canada has vowed to pursue an “activist” healthcare agenda, and has confirmed that plain packaging is a “top priority”.
Speaking at the MARQUES conference in Vienna earlier today, Dr Christian Scheier provided a neuropsychologist’s perspective on trademarks, emphasising the importance of non-traditional marks as a primary pathway to brand recognition. Worryingly, he also noted that a number of established legal principles are not backed up by current scientific thinking.
The challenge of protecting fictional brand names has previously been discussed in WTR. An oft-used case study is the fictional Duff Beer, which features in TV show The Simpsons. The show’s owner, 21st Century Fox, has faced numerous companies launching Duff Beer in the real world and this week announced it was entering the beer market in Chile, partly as a bid to fight off third-party use of the brand. The company also announced that it plans to rollout Duff Beer in Europe, but a number of challenges lie ahead.
Global firearms manufacturer GLOCK has filed a legal suit against airsoft vendor AirSplat alleging that its replica pistols infringe GLOCK’s design and patent rights. While this may appear to be a straightforward IP dispute, with gun ownership a hot political issue the dispute also highlights issues surrounding the civic duty of trademark owners and the positive messaging opportunities that can result.
A feature in India’s Economic Times outlines a number of high-profile comparative advertising campaigns carried out by companies operating in the country. Trademark counsel may be surprised at the nature of the comparisons made by advertisers as well as the relatively free rein with which they appear to be able to use competitors’ products in their advertising.
UK department store chain Selfridges has launched a ‘No Noise’ initiative, one aspect of which involves the sale of well-known products with their logos removed. While the campaign aims to throw the focus on tranquillity and away from a marketplace characterised by an abundance of branding and choices, it also serves as a reinforcement of the value of strong product design.
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