Blog results - found 171
New study claims Slender Man is in the commons, argues assertion of trademark rights “chills creativity” (Blog)
A new academic paper studying the IP status of internet folklore argues that online community-created works are in the commons. It suggests that claims of ownership under both copyright and trademark law harm the public by depriving it of more creative works. The research focuses primarily on Slender Man and predicts that the release of a major Hollywood movie next year could lead to entities seeking to “exclusively own” the horror character.
Blow for Squire Patton Boggs in battle over its name in China; firm voices confidence it will eventually “prevail” (Blog)
Five months after we reported on the ongoing legal battle for its name in China, international law and lobbying firm Squire Patton Boggs hit another hurdle after losing a crucial domain name dispute decision. While a representative told us that the firm is adamant that it will “prevail” in the end, a source at the Chinese company operating under the Squire Patton Boggs name was critical of the international firm seeking to use the dispute to make a pitch to its clients.
American typo: how Trump’s COVFEFE Twitter error inspired dozens of trademarks and product launches (Blog)
When US president Donald Trump mistakenly posted the typo ‘covfefe’ on Twitter in May, it quickly went viral and led to over 50 trademark filings across the globe. In the months since, a number of those applications have reached registration, with one applicant telling World Trademark Review that he is confident a brand name featuring the seven-letter misspelling will be a catalyst for business success.
Mystery over fake TMview site owned by Gleissner; source suggests tycoon may seek license fee from EUIPO (Blog)
A website owned by a company related to notorious trademark filer Michael Gleissner has been found imitating the EU Intellectual Property Office’s search platform TMview. The site has been described as a “phishing page” by one attorney, but an insider source tells World Trademark Review it is more likely that the entertainment tycoon is looking to sell or license the domain to the EUIPO.
New anti-counterfeiting tech firm insists it could “kill the fake markets instantly”; critic says claim “ignores the reality on the ground” (Blog)
A new anti-counterfeiting technology company, which uses QR codes to allow consumers to identify authentic products, has been making bold claims since it launched in June. A representative for the company tells World Trademark Review that it has the potential to “kill the fake markets instantly” by offering free access to its technology. However, one commentator has decried IP service companies which promise an ‘end to counterfeits’.
Counterfeit buyers increasingly using Chinese agents that promote sending fakes through “sensitive shipping lines” (Blog)
Evidence suggests that purchasers of counterfeit goods are increasingly using buying agents in China to send their products to them internationally. Worryingly, some of these agents are proactively promoting their ability to get replica products through customs with one promising that they will be sent via “sensitive shipping lines”.
Biggest marketplace on the darknet taken down by authorities; illicit goods and counterfeits still rampant (Blog)
The most popular destination to trade illegal goods on the darknet, AlphaBay, has gone offline following law enforcement action by authorities in the United States, Canada and Thailand. For rights holders that have been tackling illicit goods on the darknet, this could be viewed as a blessing but as the shutdown of the Silk Road marketplace demonstrated, users will soon flock to other markets. Exclusive research by World Trademark Review confirms that there are still thousands of counterfeit goods on sale on other darknet sites.
‘Michaeled’ bags, ‘Okly’ sunglasses; how counterfeiters are using "brand codewords" to get around marketplace filters (Blog)
Sellers of counterfeits and imitation products on various online marketplaces are adopting brand-based keywords to avoid being caught by search filters implemented to identify and remove listings for fake goods. While the use of keywords is an extra hurdle that brand owners must overcome when enforcing against counterfeits, it also demonstrates the extra effort that sellers must now go to due to additional rights protection mechanisms being implemented by e-commerce platforms.
A number of platforms have attempted to enable the sale of registered trademarks, but so far none have succeeded in making it a mainstream practice. However, according to the CEO of the largest trademark marketplace in the world, that could be set to change as practitioners at large companies “wake up” to the potentially lucrative opportunities of selling unused marks.
More brands should convey political values and take a stand on divisive issues, research suggests (Blog)
A new research paper by an academic at the University of North Carolina School of Law has proposed that rights holders conceptualise trademarks “as a frontier for social entrepreneurship”. The research finds that in an environment of increasing political and media distrust, brands could fill that void and provide consumers with “authenticity and enduring values”, but must also weigh up the risks of taking certain divisive positions.
The search to prove that trademark dilution exists; new study casts “serious doubt” on validity of current evidence (Blog)
Trademark dilution is an often-used legal concept by rights holders of well-known brands, and has been at the centre of a number of well-publicised court battles. Nonetheless, it is also an elusive concept and a new study which sought to shine further light on the phenomenon has concluded that there are “serious doubts” on the validity of all current evidence of its existence.
“Simple and correct” or “tremendous damage to minorities”? Opinion split on Matal v Tam decision (Blog)
The long-awaited Supreme Court decision in Matal v Tam was handed down yesterday and immediately caused heated debate. Following our coverage of the decision, we approached a number of trademark experts to obtain their analysis of the wider implications and what it practically means.
Hand gesture trademark application likely "publicity stunt" by Gene Simmons, but practitioners should engage to quell IP backlash (Blog)
As news articles around the world have reported, Gene Simmons, frontman of rock band KISS, has filed a trademark application for the so-called ‘devil horns’ hand gesture. The news has caused outrage towards both Simmons and the concept of trademark law itself, although some point out that it is likely just a publicity stunt. Nonetheless, faced with yet another IP backlash online, trademark community members should proactively engage in the discussion and quell misperceptions about the law.
Manchester United crowned champions of trademark Premier League; expert warns football clubs “missing huge opportunities” to capitalise on brands (Blog)
New research conducted by World Trademark Review reveals that, for the second year in a row, Manchester United has the most registered trademarks of any club in the English Premier League although champions Chelsea are not far behind. However, one leading industry commentator has warned that most clubs do not make effective use of their lucrative brand assets.
INTA has announced it is offering Annual Meeting delegates full refunds on guest tickets purchased for the event’s grand finale after conducting further investigations into member complaints of overcrowding and in some instances ticket holders being refused entry. It has also pledged to take the issues into consideration for future meetings to ensure that “members have an enjoyable time during the entire meeting”.
A new study has revealed that 93% of celebrity brand endorsements on Instagram are not compliant with regulations enforced by the US government’s Federal Trade Commission. For brands that partner with social media influencers, the findings demonstrate the legal and brand reputation risks that IP counsel need to mitigate.
Law firm behind Trademarkia to focus on quality as it eyes aggressive international expansion (Blog)
LegalForce RAPC, the law firm behind the Trademarkia search engine, has revealed to World Trademark Review that it is moving into the “next phase of the company” by implementing quality initiatives, forging new law firm partnerships and conducting an international recruitment drive. The move is an effort to bring more work in-house and diversify its global offering and will add further competition to the legal services space.
INTA pledges to investigate complaints over grand finale overcrowding and attendees being refused entry (Blog)
The International Trademark Association (INTA) has told World Trademark Review that it will be following up on complaints made by members following Wednesday evening’s grand finale of the INTA Annual Meeting. The confirmation came after a number of members voiced concerns about overcrowding, with one delegate reporting that her guests were refused entry to the gala despite paying for guest tickets.
Puppies, sword fighting, exploding tapas and upset counterfeiters: INTA 2017 standout moments (Blog)
Last night the WTR Industry Awards celebrated another year of excellence in corporate trademark practice. While we are in the awards mood, we thought we should recognise the standout moments and individuals from this year’s Annual Meeting.
USPTO pledges international approach to combat growing threat of trademark solicitation scams (Blog)
The US Patent and Trademark Office (USPTO) is stepping up its aggressive pursuit of trademark solicitation scams with the creation of a “first of its kind” roundtable event. Talking to World Trademark Review, USPTO Trademark Commissioner Mary Boney Denison confirmed that the agency is “increasingly concerned” about fraudulent trademark invoices and revealed plans to work with international counterparts to combat the problem more effectively.
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