Blog results - found 63
“Our only choice is to join forces”; Alibaba launches new anti-counterfeiting platform, urges more collaboration
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
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.
Orlando is currently packed to the rafters with trademark lawyers attending INTA’s 2016 Annual Meeting. World Trademark Review reporters Tim Lince, Jacob Schindler and Cassie Lam present some of their highlights from the first full day of the event, including what Taylor Swift can teach us about personal branding, IP anecdotes featuring Harry Potter, Vox Populi's latest '.sucks' INTA marketing stunt and observations from an INTA newbie.
Trademark solicitation company agrees to refund duped business owners; over $200,000 discovered in bank account
Following a recent investigation into trademark solicitation scams by World Trademark Review, the Commerce Commission in New Zealand has confirmed that it has reached an interim agreement with a trademark solicitation company to refund businesses that inadvertently paid an invoice for the publication of filed trademarks.
The most “intense” client relationship and “squirrelly” witnesses - observations from Trademark Litigation: Practical Strategies
Last week, World Trademark Review hosted its inaugural Trademark Litigation: Practical Strategies conference in New York. The event benefited from a diverse, enthusiastic mix of attendees, providing unique insights on how to maximise the chances of success in litigation. We provide some selected highlights.
Our latest podcast looks at the significant impact that a UK vote to leave the European Union would have on national and international trademark practitioners. To find out what changes could be in store and what preparations counsel can make now, we speak with Chris McLeod, a partner at Elkington and Fife in London and the current president of the UK Institute of Trademark Attorneys.
The USPTO has confirmed to World Trademark Review that it is considering suspending trademark applications that would previously be refused as disparaging as it awaits the Supreme Court review of In re Tam. In light of the US Court of Appeals for the Federal Circuit decision in December, which ruled that the prohibition on disparaging marks is unconstitutional, a US resident has also revealed he is interested in re-applying for a trademark that was previously refused on those grounds in 2013.
The Electronic Frontier Foundation has sent a letter to The Church of Jesus Christ of Latter-Day Saints that claims the term MORMON is “generic” due to it being the only way to describe people who follow or are part of that religious community. If one trademark of a religious organisation is being accused of genericism, other similar religious marks, such as SCIENTOLOGIST, could also be at risk.
Fake ‘Minecraft’ app puts spotlight on coding marketplaces that are “fuelling pirate community on app stores”
A new trend of sellers on online marketplaces offering customisable code for programmers to easily reskin popular phone apps is on the rise, and should be on the radars of all trademark counsel who enforce marks that are represented on app stores. The good news is that, as one industry expert notes, taking down one infringing customisable code could potentially stop hundreds of infringing apps from entering the app store environment.
An IP attorney in Oman has voiced his concern that the IP rights enforcement landscape in Oman has been misrepresented in a submission sent to the US government by the Arabian Anti-Piracy Alliance. In the report, it is claimed that “the Oman government has completely stopped enforcement for all IPR violations since April 2013” - an assertion that is disputed by the commentator.
Kuwait has become the latest of the Gulf states to increase its trademark costs, with filing, registration and publication fees set to rocket in the coming weeks. One local commentator tells World Trademark Review that it “is going to be a huge shock for IP professionals and brand owners on the ground in Kuwait”.
A US law professor has told World Trademark Review that the abolition of state trademark registrations in the United States would “clarify the legal landscape for trademark acquisition and enforcement”. Additional research reveals that demand for US state trademarks is trending downwards. However, imminent change seems unlikely.
The senior director of the Madrid Registry has revealed to World Trademark Review that he is hopeful the stipulation in the newly leaked IP chapter of the Trans-Pacific Partnership for countries to join the Madrid Protocol will kick-start the organisation’s future push into Latin America.
The difficulty that brands in the adult sector have in obtaining and enforcing trademark protection is one of the unspoken issues of the trademark world, with one leading IP attorney telling World Trademark Review about some of the challenges he has faced representing clients in this space. He also called on other stakeholders, including law firms, to up their efforts to protect brands in this sector.
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.
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.
Although many trademark teams continue to face budgetary pressures, a UK lawyer claims cost-effective mediation services offered by offices such as the UK IPO and OHIM are “underutilised”. For its part, OHIM admits to WTR that uptake of its mediation offering is “small” but “growing”. However, changes proposed in the European trademark legislative package could remove one of the main barriers to use of its current offering and lead to an upswing in the use of mediation.
The trend of IP legislative reform in the Caribbean is set to continue after a new trademarks law was recently assented by the Trinidad and Tobago’s government. The development follows recent moves to update trademark legislation in the Cayman Islands and the British Virgin Islands, and one commentator notes that the changes should result in more international brands seeking protection in the jurisdiction.
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