Blog results - found 52
Groundbreaking study suggests extraterritorial application of US trademark law “burdens” rights holders (Blog)
A first-of-its-kind empirical study into the territorial scope of US trademark law has concluded that much of the conventional wisdom regarding extraterritorial rights “is questionable, if not incorrect”, with its author declaring that “the current over-extension of the Lanham Act must be curbed”. Crucially, the research provides insights that could aid US brand owners in future enforcement endeavours.
Exclusive survey finds OAPI agents broadly optimistic but concerns raised over frequent errors, slow examinations and soaring trade in fakes (Blog)
An independent survey conducted by World Trademark Review has assessed the sentiment of agents accredited by the African Intellectual Property Organisation (OAPI) and feedback was decidedly mixed. While agents were broadly positive about a number of aspects of the office’s operations, there were a number of concerns voiced about the speed of examinations, frequent errors made on official documentation and a lack of English-speaking staff with OAPI also urged to help tackle the escalating counterfeiting problem in the region.
Going it alone: Cayman Islands to create local trademark registry, further calls to join Paris Convention (Blog)
The new Cayman Islands trademarks law will be implemented on August 1, transforming how international brand owners attain protection in the Caribbean jurisdiction. Previously, a UK or EUIPO registration was required to attain trademark rights on the island, but this practice will end, with only national applications filed by local agents being accepted. However, there are claims the changes don’t go far enough, with one commentator calling for the country to join the Paris Convention.
Alibaba calls out persistent IP abusers receives criticism for "blaming the victims" (updated) (Blog)
Alibaba Group has taken a hard line against users that file false or misleading IP infringement complaints, claiming that 24% of all complaints it receives are deemed “malicious” and “a drain on the group’s efforts to stamp out counterfeits”. Highlighting its strong stance on the matter, it confirmed it had barred one company from lodging complaints due to repeated misuses of its complaints platform. However, one commentator claims that the problem is of the ecommerce giant’s own making.
IP Office of Singapore rejigs trademark fees; chief executive calls on all IP offices to transform into “innovation agencies” (Blog)
The Intellectual Property Office of Singapore (IPOS) has announced it is slashing trademark filing fees in an effort to “keep them competitive with other countries”, although trademark renewal fees are set to rise “to discourage IP hoarding”. The move comes at a time when IPOS chief executive, Daren Tang, is urging IP offices to evolve beyond simply administrating an IP register.
DIP senior official's painting theft goes viral; fallout leads to loss of “asset to Thailand’s IP community” (Blog)
Reports of the arrest of a senior official from Thailand’s Department of Intellectual Property (DIP) for stealing paintings from a hotel went viral last week, with thousands of messages posted to the office’s social media channels. The official has since resigned from his role and apologised for damaging the integrity of the DIP. But one leading IP law firm tells us of its regret that the fallout from the incident has resulted in the office losing a well-respected figure.
The Italian Patent and Trademark Office has launched a tender for granting funds to support the “revival and economic exploitation” of Italian brands deemed to “represent a piece of history”. One commentator tells World Trademark Review that the move is “significant”, but questions whether certain parts of the fund will be necessary for companies that have been trading for over 50 years.
Trademark implications of Brexit, Trump and Samsung Note 7 crisis feature in our most-read list of 2016 (Blog)
As 2016 draws to a close, it’s time to take a look back at the blogs which received the most reads in the past 12 months. Our list includes the brand value hit of Samsung’s Note 7 crisis, Alibaba’s spat with Chinese ecommerce rival JD.com and trademark applications attempting to commercialise the Panama Papers, Brexit and the once-popular ‘meme’ Be Like Bill.
Trademark filings in Kurdistan have been suspended until further notice due to “administrative and management issues” at the office, World Trademark Review understands. Those seeking to secure registrations that cover the entirety of Iraq which has had two self-autonomous trademark offices since 2011 will likely have to wait until early next year for operations to resume. The development could cause headaches for brand owners seeking to enforce rights in the region, including US president-elect Donald Trump, with a ‘Trump Fish’ restaurant recently opening in the Iraqi city of Duhok.
Last week’s International Trademark Association Digital World Conference featured many discussions focused on the digital single market that the European Union is looking to implement. While issues around copyright have spurred the most IP-related concerns from brand owners during the ongoing negotiations, one speaker suggested that the "natural result of the European project" will be a future move to a single European system of trademarks and patents with national registered rights eventually faded out.
Brazil signals Madrid Protocol intent; “vast majority” of local trademark practitioners concerned (Blog)
The Brazilian government has confirmed that it intends to join the international trademark system by mid-2018. While the country’s move towards the Madrid Protocol will be seen as positive by the World Intellectual Property Organisation, one expert argues that the country’s trademark office is far from ready even claiming that its progress could be stifled as a result of Madrid.
Media brands can’t rely on Facebook and Google to fight the reputational risks posed by fake news (Blog)
There have been growing calls in recent weeks for Facebook and Google to tackle content published by fake news websites. This follows accusations that both provided a platform for the sharing and promotion of misinformation during the recent US election. What is being less discussed is the responsibility that major media companies have to stop such sites specifically those that use the branding of popular news outlets as a way to add legitimacy to their hoax articles.
Cash prizes for distinctive trademarks? OAPI urges IP offices to reward innovative use of brands (Blog)
The African Intellectual Property Organisation (OAPI) held its first annual Brand Awards recently, in which cash prizes and trademark filing vouchers were given to local brands judged to be distinctive. Talking to World Trademark Review, OAPI’s director of legal affairs and cooperation, Maurice Batanga, says that the initiative has proved effective and encourages other IP offices to consider a similar approach to promote innovative use of trademarks.
The US electorate is about to head to the polls to vote in the next president. The race has tightened in recent days and both the Republican and Democratic candidates appear to have a realistic path to victory. As election fever peaks, World Trademark Review asks IP experts how a President Hillary Clinton or a President Donald Trump could shape the trademark landscape in the years to come.
“Help us help you”: international trade groups lay out anti-counterfeiting demands to Alibaba (Blog)
A coalition of international brand and trade groups has sent a letter to senior figures at Alibaba Group highlighting continued concerns around the implementation of effective anti-counterfeiting measures on its platforms. While the letter includes scathing criticisms of some of the currently available tools decrying the processing of non-good faith notices as “woeful” it offers a number of practical recommendations on how the online giant could improve.
ECJ intermediary decision is a victory for brand owner collaboration; REACT reveals more to come (Blog)
Last week, the European Court of Justice confirmed that operators of physical marketplaces could be held liable for the sale of counterfeit and other illicit goods by market traders. While deemed a significant win for IP owners, the decision also demonstrates the effectiveness of joint-party legal actions with experts telling World Trademark Review that they strongly encourage more precedent-setting collaborations.
“Our only choice is to join forces”; Alibaba launches new anti-counterfeiting platform, urges more collaboration (Blog)
Barely a week after IP experts told World Trademark Review that they want a clearer indication of the anti-counterfeiting measures that Alibaba insists it is developing, the e-commerce giant has unveiled a new IP Joint-Force System that claims to “streamline” the takedown of infringing listings with a spokesperson telling us that the launch is proof of the proactive efforts the company is taking in collaboration with brand owners.
It is now a week since the UK electorate voted to leave the European Union, with the past seven days characterised by market uncertainty and political upheaval. To cut through the confusion, we have put together an infographic that illustrates the potential impact the decision could have for trademark practitioners in the UK and across the world.
Disputes over the use of third-party trademarks by campaigners in the run-up to this week’s UK referendum on EU membership have been widely reported. But a trademark for BREXIT has also been secured; and the owner tells World Trademark Review that rather than an attempt to cash in on the ubiquitous term he acted in a bid to prevent someone else from acquiring the mark and using it to stifle debate.
Domain-squatting epidemic; “critical” brand owners get to grips with IP protection in sanctions-free Iran (Blog)
New research conducted by World Trademark Review suggests that a high proportion of the world’s leading brands have seen their trademark-related domain names in Iran’s national top-level domain, ‘ir’, registered by unaffiliated registrants. The revelation serves as a reminder that IP protection in Iran which recently benefited from the lifting of many economic and financial sanctions should not be overlooked.
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