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OHIM has released its latest study into the economic cost of IP infringement in various sectors, this time focused on sports goods. To mark this, World Trademark Review has reviewed the studies published to date and compiled an infographic that highlights the combined cost of counterfeiting in the EU.
As the poll numbers of Republican presidential hopeful Donald Trump continue to rise, so too do the number of trademark filings using his name. Trump’s lawyer has confirmed to World Trademark Review that there has been a recent uptick in infringement, but reveals they are adopting an “aggressive” stance - whether it is to those infringers with a negative intent or to genuine Trump supporters.
The WTR Premium Daily email will be taking a summer break over August, with the full blog and Premium Daily email service for subscribers recommencing on Tuesday September 1. In the meantime, we take a look back at the most-read articles and legal updates in the first seven months of 2015 on World Trademark Review.
A growing number of large casino companies are threatening small video game developers with legal action over alleged trademark infringement, a New York lawyer has told World Trademark Review. Ryan Morrison, who runs a firm that specialises in representing independent games companies, claims this has been caused by a trademark classification system that is not keeping pace with the development of new technology.
It was 10 years ago last month that Apple updated its iTunes software to support podcasts natively. Today, up to 75 million people a month listen to podcasts on iTunes, with the advertising revenue generated by the medium also on the rise. However, despite swift growth, the sector appears to be lagging behind in terms of brand protection and registered trademark rights.
China’s customs agency has released a report into its IP enforcement efforts during 2014. The data reveals that the number of detained shipments is growing significantly year-on-year, and underlines the importance of engaging with customs authorities in the world’s biggest exporter. We have studied the figures and created an infographic that presents the key findings.
When a trademark owner is perceived to act in a heavy-handed way, any resulting backlash is reported with relish by the mainstream media. However, the reverse rarely gets the coverage it deserves. This week, US production company Funimation directly engaged with the fan art community in a bid to explain how and why it has to police its marks. Its message was broadly welcomed by its target audience, many of whom have become allies in spreading the message.
The Eurovision Song Contest, launched in 1956, has become one of most recognisable event brands in the world. With this enduring popularity comes a whole host of IP challenges that the event’s producer, the European Broadcasting Union (EBU), has to contend with. However, unlike the very strict enforcement approach taken by organisers of major sporting events, the EBU’s IP department tells World Trademark Review that it sometimes “deliberately tolerates infringements”.
An analyst report into online marketplace Etsy has issued a stark warning about the large proportion of potentially infringing items being sold on the site, causing the company’s stock to plummet. While sending a clear signal to trademark counsel that they need to ensure the platform is in their policing plans, the positive takeaway is the hesitancy investors exhibit when faced with sites that sell allegedly infringing items.
The in-house counsel who heads up YouTube's trademark and anti-counterfeiting policies has told WTR that finding the correct balance between alleviating brand owner concerns and protecting the free speech of its users is a challenge, although she notes that the two concepts are not mutually exclusive.
A team of academics have launched a project to bring scientific rigour to trademark infringement cases, including the development of a computer tool to objectively calculate the ‘similarity score’ between brand names.
Numerous developments have occurred on the Darknet in recent months that brand owners and trademark counsel should be aware of.
A trademark application has been filed at the Benelux Trademarks Office for ‘Je suis Charlie', the slogan adopted by supporters of free speech and freedom of expression in the wake of last week’s Charlie Hebdo magazine massacre in Paris. As World Trademark Review has previously reported, trademark filings following tragic events is not uncommon, but this represents a different approach to those we have covered before the attempted acquisition of a high-profile slogan which has a positive message at its core.
gTLD operator ‘.xyz’ has withdrawn a press release that highlighted a number of brand name-related domain names that were being “released to the public”. The removal followed enquiries from World Trademark Review about the motivation for using trademark terms and highlights the challenge facing those marketing gTLDs to brands.
It should be a time of Christmas cheer, but the brand protection challenge over the upcoming festive period will likely intensify rather than abate. James Corlett, senior manager of legal at fashion brand Karen Millen, offers some pointers on how brands can ensure that monitoring efforts continue while also giving overworked in-house staff a breather.
World Trademark Review looks at the state of 3D printing today, including the size of the market, its projected growth and the numerous IP concerns of brand owners.
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 iconic fashion brand, best known for its red-soled high heel shoes, has demonstrated the benefits of making consumers an ally in the fight against fake goods, revealing that thanks to its online initiative Stopfake it is receiving 200 counterfeiting tip-offs a week.
The tension between allowing fans to interact with a brand and harnessing control of corporate identity has only been exacerbated by the rise of social media, with a dispute between Ferrari and two fan page creators just the latest in a line of disputes. For trademark counsel, the key takeaway relates to the scope of partnership agreements.
A federal complaint filed by an app developer against Google focuses on the whack-a-mole phenomenon as it relates to trademark infringement in the app store environment. The attorney representing the app developer tells World Trademark Review that more needs to be done when operators are aware of repeated trademark infringements.
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