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Madrid System fails to have an impact for local filers: an analysis of the Indonesian trademark market
In this country data report, we hone in on the fast-growing Indonesian trademark market, revealing that the country’s recent accession to the Madrid Protocol has had little impact on local filers, while US applicants have been making the most of the new filing option.
Phishing attacks from domain name homographs represent a major threat to brand owners, new research reveals. A cyber security expert involved in the research has warned that this affects brands of all sizes and the threat is more overwhelming than that of counterfeiting, adding that those who ignore the findings “would have to be living in a fantasy land”.
The winner of this year’s WTR Industry Award for Financial and Professional Services Team of the Year was Visa, with the company at the forefront of the intersection of brands and new technology.
New research has highlighted the beneficial effect of trademark ownership for start-up companies. One of the first studies to explore the relationship between brand rights and a firm’s financial performance, it demonstrates that fledgling companies with more trademarks achieve higher valuations, attract greater investment and perform better after IPOs.
No likelihood of confusion between FIDELITY and FIDELIS despite similarity between marks and services
In FIL Ltd v Fidelis Underwriting Ltd, the Patents Court has held that the FIDELITY marks for "insurance services", "financial services" and "investment services" were not infringed by the sign FIDELIS. The case demonstrates the increasing difficulties in enforcing trademarks which are registered for a broad class of goods or services.
The Board of Appeal has overturned a decision of the Icelandic Patent Office in which the latter had found that there was no likelihood of confusion between Mastercard’s well-known device marks and a registration for a device mark comprising two interlocking circles. The board concluded that the overall impression of the marks would lead consumers to connect them.
In a recent decision under the UDRP, a panel has denied the transfer of a domain name confusingly similar to the complainant's trademark as there was insufficient evidence that it was registered and used in bad faith to take advantage of the complainant's mark. The panel also found the complainant guilty of reverse domain name hijacking, partly due to its lack of diligence before the submission of the complaint.
In Holding Benjamin et Edmond de Rothschild v Canada, the Federal Court has upheld a decision of the Trademarks Office refusing to register the mark EDMOND DE ROTHSCHILD because it was confusing with the registered mark ROTHSCHILD. The decision shows that, while the owners of two confusing marks may be able to distinguish between their respective marks, the average consumer may not be able to do so.
In Anchorage Capital Partners Pty Limited v ACPA Pty Ltd the Full Court of the Federal Court has considered competing claims to ownership of the trademark ANCHORAGE for financial services. The decision clarifies certain requirements for establishing a claim of ownership and provides additional guidance on when the own name defence will be available.
The United States may be putting itself first, but on a global scale its long-dominant brands are facing increasing pressure. It is not just China that is closing the gap so is Europe. If US brands are to stay on top they will have to lean into the future and figure out what to do next
In World Trademark Review’s latest industry report, we delve into the sprawling banking sector. In addition to presenting key trademark filing statistics, we assess how the leading banking brands have performed in the last year and identify major trends affecting the market from disruptive new technologies and regulatory changes to shifting demographics and markets.
In an interesting case regarding the limits of authorised trademark use, the Maritime and Commercial High Court has ruled in favour of Nets Denmark A/S, the owner of the Dankort debit card, against Yourpay ApS, a payment solutions provider. The court held that Yourpay’s use of Nets Denmark’s DANKORT mark was not “necessary” under Article 14 of Directive 2015/2436, and that Yourpay’s use of the Dankort logo amounted to infringement of the trademark.
In a recent consolidated proceeding concerning the LEHMAN BROTHERS mark, Tiger Lily Ventures Ltd moved to strike certain testimony and evidence submitted by Barclays Capital Inc during the latter’s case-in-chief, on both procedural and substantive grounds. The Trademark Trial and Appeal Board struck some of Barclays’ evidence, but refused to rule regarding the admissibility of two testimonial declarations, deferring the question until final hearing.
Trademark filings in Australia stagnant but enforcement win rates remain surprisingly high: exclusive data analysis
In this week’s country data report, World Trademark Review provides a breakdown of the Australian trademark landscape. We examine the country’s filing statistics, take a look at the performance of its leading brands and analyse key litigation data.
Abanka, a Slovenian bank, recently appealed a ruling to revoke its trademarks for insufficient use in the United Kingdom. The Chancery Division of the High Court decided that use of the marks in the United Kingdom was proven only in relation to the sales, marketing and promotion of Abanka's 2009 Eurobonds and not in relation to the other goods and services for which the marks were registered. Abanka’s difficulties stress the importance of being able to adduce sufficient and precise evidence of genuine use.
In a recent decision under the Uniform Domain Name Dispute Resolution Policy a US home warranty company has obtained the transfer of a domain name identically reproducing its trademark under the '.reviews' new generic top-level domain. The panel found that it was not being used for a genuine, non-commercial criticism website, but rather was merely a pretext for cybersquatting.
Major disruptions in the insurance sector and how brand strategies must evolve: exclusive data analysis
In World Trademark Review’s latest industry report, we turn to the insurance sector which is undergoing an incipient transformation that could present significant risks and opportunities. We analyse how the leading brands in this space have performed and how trademark strategies are adapting in light of increased regulation, slow economic growth and the upsurge of new technologies.
In Intercontinental Exchange Holdings Inc v EU Intellectual Property Office (EUIPO), the General Court has upheld a decision of the Fourth Board of Appeal of the EUIPO finding the mark BRENT INDEX descriptive and devoid of distinctive character. The court held that, although the term 'brent' is the name of a type of crude oil and not in itself a financial term, it is commonly used by professionals in the financial sector.
There has been a shake-up at the top of the Brand Finance annual Global 500 report, with Google knocking Apple from its perch after five years at the top. But it is Chinese brands which saw the most growth in 2016
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