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A recent judgment handed down by the Taiwan IP Court has highlighted how rights holders must act quickly if they believe their trademarks are being infringed or risk losing their ability to claim compensation.
It’s that time of year when our sister title IAM invites the global IP community to make its nominations for the IP Hall of Fame’s annual intake. The latest members, selected from your nominees, will be formally inducted at IPBC Global 2017 in Ottawa, Canada, this June.
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.
Trademark enforcement data emanating from China shows that civil infringement litigation is on the rise perhaps indicating that the country’s courts are shaking off their negative image for unpredictable judgments and protectionist biases. But a closer look at the evidence suggests that Chinese courts are still failing to attract foreign rights holders.
Thomson Reuters’ $3.55 billion sale of its IP business to Baring Private Equity Asia and Onex Corporation completed this week in a deal that highlights the growing demand for trademark management and strategy services in the region.
New research suggests significant disconnect between budget needs and realities of trademark departments
Recent surveys of in-house counsel suggest that more than a third of IP departments have gone over budget this year. Despite the clear challenges for those in the trenches, corporate funding for many trademark teams is not expected to increase any time soon.
ICANN report says “little benefit” in extending gTLD protection mechanisms, despite lack of trademark owner engagement
ICANN has released a draft report on the efficacy of the Trademark Clearinghouse and rights protection mechanisms that suggests that there is little evidence to support an expansion of rights protection mechanisms but the level of input from trademark owners may lead to questions over the findings’ usefulness in ICANN’s future policymaking.
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.
A seven-year legal battle between Toyota and owners of the Indian trademark PRIUS has come to an end, with the Japanese automaker claiming victory. The Delhi High Court ruled that Toyota’s trademark rights had been infringed in spite of the defendants’ ownership of the PRIUS mark in India. This should boost the confidence of owners of globally recognised brands looking to do business in the country.
A Beijing agency’s decision last week to issue an injunction against several iPhone products has come as a blow for tech giant Apple. It also highlights that, with Chinese rights holders becoming more proactive in asserting their design rights, trademark counsel should be mindful of the country’s industrial designs regime to avoid any pitfalls and to leverage it where possible to strengthen their IP portfolios.
Lending against IP assets remains, on the whole, a tricky business, in part due to the lack of a single widely accepted method of valuation. But in China, it seems that such concerns have not hindered the development of a multimillion-dollar market in trademark, patent and copyright-backed loans. However, over the past year, the economic slowdown has put the brakes on brand-backed lending.
Filings expected to plummet as Japanese companies streamline portfolios and focus on utilisation of existing rights
The Japan Patent Office recently published an overview of its 2015 IP activity survey findings. Highlighting trends in trademark strategy among Japanese organisations, the survey suggests that brand owners in the country are becoming increasingly selective when it comes to filing applications and are seeking ways to extract added value from their portfolios. Such a trend could have a direct impact on law firm revenues and strategies.
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.
After vanishing from shopping precincts in Australia and New Zealand earlier this month due to bankruptcy, consumer electronics retailer Dick Smith has been reborn as an online-only store thanks to the successful sale of its IP assets. The fall and rise of this household-name brand shows that the open market can present rich opportunities for both those looking to monetise trademark rights and those looking to acquire proven brands. However, there are also significant risks.
In the wake of recent scandals involving the brands Maggi and Amrapali, Indian politicians are considering the introduction of harsh penalties for celebrities who endorse products and services that are deemed to be detrimental to consumer interests. If realised on the statute books, the proposals could have a significant impact on advertising and trademark strategies on the subcontinent.
Progress for brand owners in Vietnam as government sides with foreign entity in dispute with state-owned enterprise
The Vietnamese government’s recent decision to uphold a foreign company’s trademark rights in the face of a cancellation action launched by one of its state-owned enterprises represents a significant positive development for brand owners operating in the country.
A group of creditors of India’s defunct Kingfisher Airlines is auctioning off several of the carrier’s trademarks in an effort to recoup at least some of the more than Rs70 billion (approximately $1.06 billion) owed to them. It remains to be seen whether these brand assets will generate enough interest among third parties to make a significant inroad into the sums owed. However, the fallout could negatively impact the brand valuation industry in India.
Recent research suggests that online travel agencies are progressively bidding on internet search keywords that incorporate terms trademarked by hotel chains. The findings highlight the pressure on brand owners to monitor increasing online uses of their trademarked terms by third parties.
Pakistan-based online B2B trading platform TradeKey has been found liable for contributory trademark counterfeiting by a California federal court in a case brought by Swiss luxury brand owner Richemont. The court’s decision which includes a permanent injunction against TradeKey illustrates how brand owners can hold overseas-based e-commerce sites accountable for selling fake goods.
Experts highlighted opportunities and trends in brand licensing in the fashion industry during a session at this week’s Brand Licensing Europe convention in London. The insights shared during the session provide some helpful brand strategy pointers for trademark counsel.
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