Blog results - found 161
UDRP case filings at WIPO continued their upwards momentum, with 3,074 cases handled by its Arbitration and Mediation Centre in 2017. While the rise was less pronounced than in previous years, the figure sets a new record. Worryingly for rights holders, the number of domains covered in these filings rose at a much faster rate, hitting a historical high.
We recently cited the rise of blockchain as one of the trademark trends to watch over the next 18 months. While we await the big bang moment in terms of IP practice adoption, the founder of a new blockchain database predicts that IP professionals will fully trust the technology within a year and it could lead to a proliferation of trademark services built on it. Looking ahead, national office activity may hold the key.
“A registration doesn’t necessarily trump earlier use”: takeaways from Dulwich Hamlet’s trademark dispute
The owners of a London football stadium have sent a cease and desist letter to 125-year-old football club Dulwich Hamlet over the continued use of its name. The move has sparked an online backlash against both the stadium owners and the law firm that sent the letter, with industry experts suggesting that the registration could be vulnerable to invalidation on a number of grounds.
The Confederation of All India Traders has stepped up pressure on the Indian government to pass a new Consumer Protection Bill which contains provisions designed to hold brand ambassadors liable for misleading endorsements. While there have been fears that the move could significantly impact brand and marketing strategies in the country, close reading of the bill suggests that the clampdown may not be as severe as it appears at first sight. In fact, responsible brands and celebrities could both benefit.
The latest edition of Online Brand Enforcement: Protecting Your Trademarks in the Electronic Environment, offering cutting-edge analysis and insight into brand protection strategies, is now available to view online.
The death knell for bulk domain enquiries? Rights holders voice concern as ICANN reveals proposed WHOIS model
ICANN’s efforts to ensure that the WHOIS function complies with the General Data Protection Regulation have moved to the next stage, with details of its proposed convergence model emerging. However, IP experts have seized on gaps in the model, claiming that it could create significant roadblocks to effective enforcement efforts.
With the General Data Protection Regulation (GDPR) becoming enforceable on May 25 2018, all eyes are on its potential impact on rights holders’ access to accurate and reliable WHOIS data. One industry expert warns of the “absurd” policies that could result from incorrect analysis of the regulations adding that cybercriminals “anywhere in the world” could soon become the biggest fans of GDPR.
On World Trademark Review we have previously reported on the General Data Protection Regulation (GDPR) and its potential impact on rights holders’ access to accurate and reliable WHOIS data. In this guest blog, Brian J Winterfeldt, principal of the Winterfeldt IP Group and president of ICANN’s Intellectual Property Constituency, analyses the proposed models for compliance - one of which would effectively result in the WHOIS database as we know it today going dark.
The Internet Commerce Association has published a document making a series of recommended reforms for the Uniform Domain Name Dispute Resolution Policy (UDRP). The statement takes aim at the management of the process by existing providers, as well as the conduct of some panellists arguing that the emphasis on recruiting from the trademark bar is leading to imbalance in the system. In response, a World Intellectual Property Office spokesperson characterised this focus on the UDRP as “remarkable”, adding that it “betrays a clear misunderstanding of the actual mechanics of impartial and efficient ADR case management”.
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
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
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.
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
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.
Register for more free content
- Read more World Trademark Review blogs and articles
- Receive the editor's weekly review by email