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“Successful strategy is rooted in looking forward”: Amazon on protecting the world’s most valuable brand
Exclusive insights from Dana Brown Northcott, Amazon.com’s associate general counsel, intellectual property, about how the company’s trademark department protects its huge, growing brand.
The winner of this year’s WTR Industry Award for Software and Online Services Team of the Year was Facebook. The company’s director and associate general counsel, intellectual property, explains how the team keeps up with the company’s continued expansion into new tech sectors.
An investigation from World Trademark Review has explored the evolving tactics of misleading and often malicious websites that pose as articles from well-known news outlets. Common trends include the use of cryptocurrency and Elon Musk to lure in users, with one expert telling us that tackling hoax articles targeting brands or public figures can feel like “a game of whack-a-mole”.
The winner of this year’s WTR Industry Award for In-House Counsel of the Year was Microsoft’s Elena M Grimme.
During a session at last week’s ECTA Annual Conference, experts made some bold often startling predictions on where they see the trademark industry in 10 years. While some were unsurprising, such as how artificial intelligence and automation will improve efficiency, there were some unexpected suggestions, including how the role of law could change in the future.
The winner of this year’s WTR Industry Award for Technology and Consumer Electronics Team of the Year was Apple. We take a look at the team behind the company’s trademark and branding endeavours.
In Flatworld Solutions PvT Ltd v EUIPO the General Court has annulled a EUIPO Fourth Board of Appeal decision which found that Outsource Professional Services Ltd had not acted in bad faith when applying for the registration of OUTSOURCE 2 INDIA. Among other things, the court found that the company had intended to exploit the economic potential that could be mined from the unregistered mark OUTSOURCE2INDIA.
The treatment of the borrowing of real-world elements in video games depends on the nature of the underlying rights creating a complicated environment for rights holders to navigate.
In this week’s industry data report, we analyse the vibrant technology landscape. Specifically, we take a broad look at industry trends, provide a full rundown of the filing patterns in this field and gauge the performances of the leading tech brands in the world.
Alibaba boasts “significant progress” in IP protection efforts; development of API urged to allow third-party takedowns
Alibaba has revealed what it describes as “significant progress” in IP protection in 2017, with data showing significantly faster processing time for takedowns and a 42% decline in notice-and-takedown requests. While the results show that the Chinese marketplace giant is confident that its efforts are garnering positive results, people we spoke to still report huge volumes of fakes with one urging Alibaba to develop an API to allow third-party takedowns.
New research from CompuMark reveals that the number of Chinese trademark applications to foreign registers has doubled over the past two years, with Huawei Technologies leading the charge. As a result, the report predicts that China could overtake the US as the world’s leading source of foreign trademark applications by 2020.
EUIPO escapes liability in public procurement case as ECJ partially sets aside General Court judgment
The decision of the ECJ in EUIPO v European Dynamics Luxembourg SA confirms that the EUIPO may incur non-contractual liability in cases involving calls for tenders in public procurement. However, in this case the EUIPO escaped liability because the unsuccessful tenderer failed to prove the link between the EUIPO's decision to reject its tender and the damage allegedly suffered.
A new study has revealed that legal contract reviews conducted by an artificial intelligence (AI) platform can now reach an accuracy rate surpassing experienced lawyers. Talking to World Trademark Review, a representative from the company behind the research, LawGeex, claims that AI could be used “for the low-hanging fruit that take up a lot of in-house counsel time”.
In Kabushiki Kaisha Zoom v EUIPO, the General Court has annulled a decision of the Fifth Board of Appeal of the EUIPO in opposition proceedings involving the mark ZOOM for goods in Class 9 and earlier ZOOM marks for goods in Classes 9 and 15. The decision is noteworthy as it expands the “link of complementarity” when determining the similarity of goods.
In two recent judgments, the General Court has upheld decisions of the EUIPO dismissing applications for a declaration of invalidity of HP Hewlett Packard’s word mark HP and figurative mark HP. Among other things, the court agreed that the HP mark was not descriptive of the goods and services concerned, that the letter combination HP was not commonly used, and that the absence of an eye-catching feature was not decisive.
In DOCERAM GmbH v CeramTec GmbH the ECJ has issued a preliminary ruling on the interpretation of Article 8(1) of Regulation 6/2002. It found that the existence of alternative designs fulfilling the same technical function as that of the product concerned was not the only criterion for determining the application of that article, and considered that the appearance of a product was the decisive factor.
A major new research project from Perkins Coie explores expectations for the augmented reality and virtual reality markets, and has uncovered growing concern over IP disputes in the environment with 38% of technology industry experts predicting a rise in trademark-driven litigation. With that threat looming in the near future, trademark counsel must take steps now to mitigate the risk.
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.
In Sony Interactive Entertainment Europe v EUIPO, the General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO finding that proof of genuine use of the VIETA mark had been adduced for 'apparatus for the reproduction of sound and images'. Among other things, the court held that the term ‘apparatus for the reproduction of sound and images’ did not designate a precise and narrowly-defined category of goods.
Sky v Skykick headed to ECJ on breadth of registrations; answers will be significant for all brand owners
The High Court in Sky plc v SkyKick UK Limited will refer five questions to the ECJ on trademark issues relating to bad faith (for filing with no intention to use) and clarity issues with trademark specifications. The ECJ's answers to these questions will be of importance to all brand owners, as it will impact existing trademark registrations and may provide guidance on the breadth of specifications for future trademark applications.
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