Blog results - found 48
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.
Alibaba counters critical New York Times piece but e-commerce's counterfeit problem is now a mainstream issue
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.
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.
Rights holders shouldn’t hold their breath over significant progress on Asia-Pacific trademark protection
Improvement of the regional trademark protection landscape was a key discussion point during the 13th China-ASEAN Expo, which draws to a close today in the Chinese city of Nanning. But in spite of the promising overtures from registration and enforcement agencies, heightened geopolitical tensions could hinder any attempts at progress.
Recently released data suggests that foreign trademark owners have enjoyed significant success as plaintiffs at the Beijing IP Court since it was established 18 months ago.
Last week, this blog reported on research showing that trademark lawsuit filings in the United States reached a seven-year low during the first quarter of this year. While the figures do not represent a dramatic decline, they are noteworthy and particularly so when compared to data emerging from China, where trademark litigation continues to increase.
The Indonesian Supreme Court hit the headlines back in February for upholding a decision to strip Swedish retailer Ikea of several trademarks after it fell foul of non-use rules. While the event will likely have exacerbated brand owners’ apprehensions about doing business in the country, the introduction of new regulations addressing the recording of licence agreements could boost their confidence in the trademark system
Apple recently removed Magic AdBlock, a program used to block and filter online advertisements, from its App Store after receiving a complaint of trademark infringement from the producers of rival software AdBlock Plus. The dispute underlines the often crucial role that branding and trademarks can play in open source projects where patent and copyright protection is absent.
For those INTA attendees who still have enough time and energy in between the almost non-stop client meetings and law firm receptions, Hong Kong presents ample opportunities for doing a bit of hands-on anti-counterfeiting work. You don’t have to travel far in this city before you find knock-offs of all shapes, shades and sizes for sale.
A report from the International Business Times this week highlighted the issues faced by brand owners in China as they tackle the issue of knock-offs. That combatting counterfeiters is a challenge is not news in itself. However, some companies have tried to pass the cost of counterfeiting on to their customers and have attracted heavy criticism as a 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.
A recent report from IDC has found that a significant quantity of new computer hardware bought by consumers is pre-loaded with counterfeit software. The findings highlight how a seemingly secure and legitimate supply chain can be breached by counterfeiters without the knowledge of brand owners and their business partners. So what can trademark counsel do to police this unseen menace?
The Debian Project, which oversees the development and distribution of free and open source operating system Debian, has released a new trademark policy which enables third parties to use its trademarks freely for commercial purposes. While such a laissez-faire approach could be seen as risky, it also presents an opportunity for some non-profit organisations, such as open source projects, to create additional value from their brands.
Kraft Foods which produces Cracker Barrel cheese is suing Cracker Barrel Old Country Store for trademark infringement as the rustic restaurant chain prepares to sell its name-brand products outside of its own stores for the first time. The dispute highlights how extensions into new categories can bring similar brand names that have previously coexisted peacefully into conflict.
Apple’s application for the trademark IPHONE will be rejected by Brazil’s National Institute of Industrial Property next week because prior rights in the name are already held by another company, according to reports. In anticipation of the decision, the US company has filed for cancellation of the existing mark at a federal court in Rio de Janeiro, arguing that ‘iPhone’ is an expressive term.
The US craft beer craze has seen its fair share of trademark disputes. One recent incident - as reported on Denver’s Westword news site stood out because of the amicable agreement reached between Verboten Brewing and Weyerbacher Brewing, which owns the federal trademark to the Verboten name for beer. While sensible settlements are something to be welcomed, might the particulars of such an arrangement lead to difficulties for the parties further down the line?
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.
Last week, the Indian parliament voted to approve foreign direct investment in multi-brand retail in the country, almost one year on since the limit on FDI in single-brand retail was removed. This potentially opens up major opportunities for leading retail chains such as Tesco, Wal-Mart and Carrefour but stringent limitations and a mixed political reaction to the changes may result in a cautious approach from brand owners.
A number of rights holders are adopting tactics favoured by rogue websites in order to educate consumers about counterfeits, using the very tools abused by infringers to fight back. The strategy was highlighted by Google, which outlined its own cat-and-mouse game with sites selling fakes. The observations were made at the INTA Advanced Anti-Counterfeiting Strategies conference in Istanbul, Turkey.
New research suggests that consumers searching the internet for genuine products at bargain prices are just as likely to end up buying counterfeits as those which intentionally seek out fakes.
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