Blog results - found 152
We have previously reported on the General Data Protection Regulation (GDPR) and its potential impact on rights holders’ access to WHOIS data. In this guest blog, Brian J Winterfeldt, president of the The Internet Corporation for Assigned Names and Numbers' (ICANN's) Intellectual Property Constituency, expands on the potential threat and why it is important for brand owners to engage at ICANN to ensure that GDPR compliance does not become an excuse to shut off access to WHOIS data.
A law firm commissioned by the Internet Corporation for Assigned Names and Numbers to explore the impact of the General Data Protection Regulation on publicly available WHOIS data has recommended a temporary ‘layered access’ solution be adopted. While this will buy time to engage in further talks with authorities on the future of WHOIS, it notes that such a layered approach is problematic for rights holders seeking to process data to investigate IP infringements. In short, the protection of trademark rights looks set to become more burdensome.
Google’s rising brand value, Gleissner’s filing drive, and Netflix’s “super classy” letter: our 2017 most-read list (Blog)
With 2017 drawing to a close, and the World Trademark Review Daily email service taking a short break, it’s time to take a look back at the stories which received the most reads from the past year. Our list includes the news that Google had wrestled the ‘Most valuable brand’ crown from Apple, analysis of a groundbreaking study that suggested trademark count is a better predictor of corporate innovation that patent numbers, and coverage of the savvy enforcement strategies being adopted by major brands.
Trading Standards versus Facebook: fakes on social media in the spotlight as issue rises up UK policy agenda (Blog)
To coincide with the buying frenzy surrounding Black Friday and Cyber Monday, a report in the Sunday Times this weekend states that “the biggest investigation in Britain into fake goods on social media has identified tens of thousands of listings for counterfeit products on Facebook”. The article has been picked up by numerous outlets and comes at a time when counterfeiting on social media is rising up the UK policy agenda.
ICANN criticised for “premature” WHOIS data move as more registries reveal GDPR compliance plans (Blog)
As the Internet Corporation for Assigned Names and Numbers community grapples with the potential threat of the upcoming General Data Protection Regulation regime to the WHOIS system, the organisation is deferring enforcement actions over non-compliance with contractual obligations relating to the handling of registration data. The move has been criticised as a “reactionary” gambit by one leading IP expert.
New figures released by Nominet reveal that the number of ‘.uk’ domain name suspensions doubled over the last 12 months, with enforcement takedowns topping 16,000. The UK Police Intellectual Property Crime Unit has been a major contributor to this rise, accounting for more than 13,500 requests for action.
Heather Forrest has been elected as chair of the Internet Corporation for Assigned Names and Numbers’ Generic Names Supporting Organisation Council, the first time that an IP Constituency councillor has taken on the role.
At this week’s Internet Corporation for Assigned Names and Numbers meeting, representatives from e-commerce giant Amazon received a hostile reception from the Governmental Advisory Committee while seeking to reach a compromise over its stalled ‘.amazon’ generic top-level domain application. In a session on Monday afternoon, the company was told that it had blown an opportunity to reach a compromise and that allowing the application to proceed would open a “Pandora’s box”.
The Internet Corporation for Assigned Names and Numbers (ICANN) has come under fire for excluding the full community in its exploration of the General Data Protection Regulation’s impact on the WHOIS system. ICANN stated that the regulation could affect its ability to maintain a single global WHOIS system, and this week two generic top-level domains withdrew public access to registrant information. Trademark counsel should follow the issue closely, as it could lead to the end of WHOIS in its current form and the ability to identify easily (and cost-effectively) the owners of infringing domains. Whatever the outcome, policing activities are set to harden.
This week the Wall Street Journal reported that luxury brands are demanding a firmer commitment from Amazon to police counterfeits on the platform, with talks between the e-commerce giant and Swatch breaking down over Amazon's unwillingness to do more. While the call for increased brand protection mechanisms is persistent, for some luxury brands the decision not to utilise the platform is a wider strategic one, rather than specifically tied to anti-counterfeiting programmes.
Amazon calls for end to ‘.amazon’ gTLD stand-off; demands prompt action to end dispute with governments (Blog)
Amazon has called on the Internet Corporation for Assigned Names and Numbers (ICANN) to “immediately approve” its application for the ‘.amazon’ generic top-level domain, noting that prompt action is necessary because “there is no sovereign right under international or national law to the name ‘Amazon”’, with an Independent Review Process Panel having previously ruled that ICANN acted in a manner inconsistent with its bylaws when rejecting the company’s application. The move to end the stand-off over the string is one that all brands should monitor.
UKIPO study claims social networks “encourage IP infringement”; complicit consumers actively seek out fakes (Blog)
Research commissioned by the UK IP Office has reinforced claims made by government enforcement agencies that social media platforms “encourage IP infringement”, while also amplifying counterfeiters’ messages by increasing the connectivity of potential complicit consumers. However, the office noted that the study is based only on a 2015 snapshot and further investigation is needed to uncover the true scale and nature of infringement.
The WTR Premium Daily email will be taking a summer break over August, with the full intelligence and daily email service for subscribers recommencing on Monday September 4. As we head into our break, here’s a look at the most popular articles and legal updates we have published over the past 12 months with coverage of a call for an improved YouTube takedown process just beating the news that Google has become the world’s most valuable brand to top place.
A press release issued today has announced that Kering and Alibaba Group have signed a “landmark agreement” to cooperate in the protection of intellectual property and engage in joint enforcement activities. The shock move, by an organisation that has been highly critical of the e-commerce giant, brings to an end Kering’s headline-grabbing lawsuit against the Chinese company.
EFF highlights “trademark bullying” evasion tactics as debate over new gTLD policing heats up (Blog)
The Electronic Frontier Foundation (EFF) and Public Knowledge have published a report advising domain name registrants that, in a bid to “minimise exposure to trademark bullying”, they should avoid registering domains in the new gTLD environment. While counsel may object to the ‘bullying’ label being extended to legitimate enforcement efforts, the report could have a positive payback for policing strategies.
As critics label Alibaba’s anti-counterfeit efforts a “drop in the bucket”, details emerge of brand alliance progress (Blog)
Last week Alibaba announced success in a civil suit against a pet food vendor indicted for selling counterfeit cat food on Taobao. While the company highlights the action as an example of its crackdown on counterfeits, one industry commentator has labelled such actions as “window dressing” and called on the e-commerce giant to do more. Against this backdrop, World Trademark Review has obtained information about ongoing discussions between Alibaba and a group of brands on future enforcement efforts.
Law firm hacks, YouTube takedowns and the rise of the Google brand: our top trademark stories of 2017 so far (Blog)
As we reach the halfway point of 2017, we reveal the most-read blogs and Premium Updates on World Trademark Review so far this year with online spats, trademark solicitation scams, INTA grand finale overcrowding and cyber-attacks on law firms all featured in the top 20.
INTA study reveals cost of new gTLDs to brand owners as ICANN community wrestles with RPM review (Blog)
At this week’s ICANN meeting in South Africa, the impact and effectiveness of new gTLD rights protection mechanisms has taken centre stage, with one participant voicing concerns that some trademark owners are over-reaching in sunrise applications. The flipside, of course, is that many see the need to implement proactive defensive registrations across a range of strings. Now, a new study from INTA reveals that member registrations in new TLDs have been “overwhelmingly made for defensive purposes”.
Pharmacy chain Boots has become the latest company to signal an intention to terminate a registry agreement, this time for the ‘.boots’ top-level domain (TLD). While a negative development for the new generic TLD programme, it should not be viewed as an indicator that ‘.brands’ are losing their lustre on the contrary, the rollout of branded spaces shows no sign of slowing.
“We are the online leader in anti-counterfeiting”: Alibaba’s Jack Ma talks tough as company seeks to woo US SMEs (Blog)
This week Alibaba is hosting a two-day conference designed to highlight to a range of US-based small and medium-sized enterprises the lucrative business opportunities available in China (and how the e-commerce giant can help them tap into the market). In an on-stage interview, executive chairman Jack Ma took the opportunity to talk up the company’s anti-counterfeiting activities. By making brand protection a central part of its pitch to new customers, the responsibility to provide a truly trusted environment is increasing.
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