Blog results - found 184
A violation of the First Amendment: Supreme Court issues long-awaited decision on disparagement clause (Blog)
The Supreme Court has handed down its long-awaited ruling in Matal v Tam, holding that the disparagement clause of the Lanham Act violates the Free Speech Clause of the First Amendment. In a unanimous 8-0 opinion, the court states that “the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’”. In response, the USPTO has confirmed to World Trademark Review that it plans to "issue further guidance" on how it will affect the examination of applications.
On Friday, President Trump unveiled his plans to re-adjust the policy of the United States towards Cuba, announced that he was “cancelling the last administration’s completely one-sided deal” with the country. The move has implications for trademark owners, although in many respects overall strategies shouldn’t change not least when companies are faced with third parties seeking to register their brands.
The Global Innovation Index 2017 has revealed the world’s most innovative countries. While the top 10 is comprised of the same jurisdictions as last year, high innovation performance among Sub-Saharan African countries, relative to development, is a notable trend. However, given the report's wide scope, the specific trademark lessons are limited.
After shock UK election result, possible shift in Brexit approach could have significant impact on trademarks (Blog)
After last night’s unexpected results in the UK general election, which returned a hung parliament, the uncertain direction of the Brexit negotiations has become a hot political talking point across the continent. While positions will no doubt be carved out in the coming weeks, the likely knock-on effect for the trademark world is less clear than ever before.
After USPTO director's surprise resignation, the trademark credentials of her successor need to be considered (Blog)
In a surprise move, Michelle Lee, director of the US Patent and Trademark Office, has resigned after four years in the role. The discussion over her replacement will no doubt focus on the patent background of potential candidates. However, it is important that trademarks are not lost in the mix.
Proposed changes to Singapore’s customs regime could aid counterfeiters “looking for enforcement gaps” (Blog)
Time is running out for rights holders to have their say on proposed changes to the Singaporean customs regime. Designed to increase the country’s attractiveness as a transshipment hub, one industry expert has warned that the proposed amendments to the Customs Act could have the opposite effect, and create enforcement gaps that could be exploited by those engaged in counterfeiting and other illicit activities.
Brand stewards, fake news, transport woes and a Brexit badge for Brits: INTA 2017 day two report (Blog)
Often the busiest day for attendees, the Monday of the INTA Annual Meeting usually features a full schedule of meetings, sessions, table topics and receptions reaching a crescendo that often goes into the early hours of Tuesday. Trying to keep up with the rapid pace of activities, the World Trademark Review editorial team of Trevor Little, Joff Wild and Tim Lince report on the action.
Daily drama, fakes on the beach, keynote controversy and a canny crocodile: INTA 2017 day one report (Blog)
The beautiful city of Barcelona is currently packed to the rafters with trademark experts attending INTA’s 2017 Annual Meeting. As ever, the World Trademark Review team is on the ground; reporters Trevor Little, Joff Wild and Tim Lince present some of their highlights and observations from the first full day of the event.
Unjustified threats overhaul receives royal nod, raises prospect of increased weak infringement allegations (Blog)
With the UK Intellectual Property (Unjustified Threats) Act receiving royal assent, clarity on what can be said in pre-action correspondence relating to trademark disputes is a step closer. While the bill has been welcomed, one commentator has warned that the protection from liability afforded to legal advisers could lead to an increase in knowingly weak allegations of infringement.
The landmark emoluments lawsuit initiated by Citizens for Responsibility and Ethics in Washington seeking to find the president in violation of the emoluments clauses of the Constitution has been updated to include the receipt of “gratuitous Chinese trademarks”. Specifically, the suit aims to link the granting of registrations to President Trump’s affirmation of the ‘One China’ policy.
Three months into his presidency, Donald Trump has revealed his nomination for IP enforcement coordinator. However, with the USPTO hit by a hiring freeze and uncertainty over the future leadership of the agency, the question of what impact his administration will ultimately have on trademarks and the IP ecosystem remains unanswered. So what do we know?
Pernod Ricard and Bacardi’s battle over HAVANA CLUB trademark erupts again after call for renewal U-turn (Blog)
A bipartisan congressional delegation has called on the Trump Administration to reverse a US Office of Foreign Assets Control decision to grant a licence allowing Cubaexport to renew the HAVANA CLUB trademark registration in the United States. Slamming the licence as “misguided”, the group has catapulted the long-running dispute between Pernod Ricard and Bacardi back into the political arena.
New call made for plain packaging on high-calorie foods in a bid to fight “small devils in our brains” (Blog)
A renowned neuroscience professor, unveiled this week as one of the co-winners of The Lundbeck Foundation’s Brain Prize, has stated that efforts need to be made to reduce the attractiveness of unhealthy foods. As the trademark community awaits the predicted fall of the next ‘plain packaging domino’, the focus appears to be shifting to foods and drinks that are high in sugar, fat and salt.
Trump’s China trademark no big surprise, but in media frenzy one legal dimension has largely gone unreported (Blog)
This week a trademark application was the subject of rare international media coverage after US President Donald Trump saw a TRUMP mark progress to registration in China. While much speculation has centred on whether the move represents an inexpensive way for China to curry favour with the president, from a legal perspective the registration is unsurprising. And while the focus has been directed at the political fallout from a president being granted such rights, other aspects are worth scrutiny for trademark experts.
Toll of counterfeiting and piracy predicted to top $2.3 trillion as call made for governments to do more (Blog)
New research estimates that the global economic value of counterfeiting and piracy could reach $2.3 trillion by 2022, with job losses totalling in excess of 5 million. The research provides important data to policymakers. The challenge now is to ensure that they pay heed to it.
The introduction of a bill in the California legislature, which seeks to create the ability to secure state-level trademark protection for cannabis products, has led to a wave of media reports highlighting the challenges facing the marijuana industry. Crucially, it also shines a light on the potential role that state-based registrations can play.
Jo Johnson, a Member of Parliament since 2010, has been confirmed as the new Minister for Intellectual Property. The move comes at a crucial time given uncertainty over the UK’s future intellectual property landscape in the wake of the BREXIT vote making it important that he occupies the role for longer than some of his predecessors.
US government releases national IP strategy; concern over ‘introduction of shadow regulation’ (Blog)
While the community waits to see what impact a Donald Trump presidency has on the IP ecosystem in the US, the US government’s gears are still turning and this week it released the 2017-2019 US Joint Strategic Plan on Intellectual Property Enforcement. The report signals the key focus areas for federal government agencies over the coming few years. While welcomed by IP stakeholders, there have been accusations that the plan represents an effort to introduce shadow regulation for the online world.
New research from The Coalition Against Domain Name Abuse has revealed the extent of identity squatting targeting this year’s presidential election candidates, as well as members of the US Congress and Senate.
The USPTO and Economics & Statistics Administration have released a follow-up to the ground-breaking 2012 study into the economic contribution made by intellectual property to the US economy. The 59-page report also identifies the regions and industries where trademark intensity resides.
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