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As Canada legalises marijuana, research finds majority of Canadians want branded packaging for cannabis products
The Canadian parliament passed legislation yesterday which will allow the recreational use of marijuana nationwide. The law could pave the wave for hundreds of new brands, and a new survey suggests that two-thirds of consumers in Canada would prefer branded rather than generic or plain packaging for this new market of marijuana products.
Ambush marketing may steal the headlines but new study shows brand benefits of official event sponsorship
New research the first of its kind in assessing the impact of on-site activation at live sporting events for improving brand recognition has found a strong link between the impact of certain types of sponsorship assets and intangible rights on raising brand awareness.
In adidas America Inc v Skechers USA Inc, the US Court of Appeals for the Ninth Circuit has affirmed in part and reversed in part the district court’s preliminary injunction prohibiting Skechers from selling two styles of shoe that allegedly infringed and diluted adidas’ Stan Smith trade dress and three-stripe trademark.
In Variety Stores Inc v Wal-Mart Stores Inc, the US Court of Appeals for the Fourth Circuit has reversed summary judgment in a trademark infringement dispute over the use of the term 'Backyard' on grills, finding that the district court had erred because there were genuine issues of disputed fact concerning key factors in the 'likelihood of confusion' analysis.
In Horowitz v 148 South Emerson Assocs LLC, which involved a licence agreement for use of the SLOPPY TUNA trademark for a restaurant, the US Court of Appeals for the Second Circuit has addressed for the first time whether attorneys’ fees should be included in an award of costs under Federal Rule of Civil Procedure 41(d).
Over the past week, fast food brand International House of Pancakes (IHOP) has been cannily using social media to build up to a rebrand announcement. Yesterday, it unveiled its new IHOb identity, resulting in a level of brand discussion that few marketing budgets could generate. However, industry experts warn that this type of move is not suitable for all companies, with many critical trademark dimensions to be considered.
“I wish the US president had opposed my trademark” applicant of registered Trump mark on treating IP as art
A popular author and professional speaker has successfully registered a trademark for GRABBA THE TRUMP in the UK, a combining of terms related to both US President Donald Trump and a character from the Star Wars universe. Talking to World Trademark Review, the applicant states that he hoped Trump would oppose the mark and that he enjoys provoking major brands with his trademark applications.
The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.
In Tommie Copper IP Inc v Gcool-Tech Usa LLC, the TTAB has dismissed an opposition even though the applicant did not have use in commerce at the time of filing the application and used a mocked-up specimen. The decision demonstrates the difficulty of establishing fraud before the USPTO, even where there is direct evidence that an applicant made false and material representations.
This week, the Guardian reported that the treatment of geographical indications is proving a sticking point in the ongoing Brexit negotiations, with the European Union having “stepped up demands on the UK to legislate to preserve the status of European speciality produce”. While trademark associations have confirmed their support for a system of mutual recognition, the UK government has proved resistant to making any guarantees. The result is uncertainty for rights holders and producers.
In Lucasfilm Ltd LLC v Ren Ventures Ltd a California federal court has recognised that trademark rights could arise from the use of a mark to identify a fictional board game in a popular literary genre, even where the mark has never been used in connection with corresponding goods in the real-world marketplace and has not been in continuous use since its introduction in the literary space.
Tam’s trademark delivery, Tequila sweatshirts and a collective noun for IP lawyers: INTA 2018 standout moments
On Tuesday evening the WTR Industry Awards celebrated another year of excellence in corporate trademark practice. While we are in the awards mood, we thought we should recognise the standout moments and individuals from this year’s INTA Annual Meeting.
Counterfeiting is a priority policy issue for the International Trademark Association (INTA). Counterfeit goods are reaching consumers in all corners of the world and have permeated the online marketplace.
Compared to other forms of artistic expression such as literature, music, films and theatrical works fashion designs are left with limited IP rights and protection.
Canada adopted a new border enforcement system on January 1 2015, which empowers Canada Border Services Agency (CBSA) officials to act ex officio to detain suspected counterfeit or pirated product.
US law offers a full arsenal of weapons that trademark owners can employ to combat counterfeiting at every step.
In Kim v Kimm, addressing the sufficiency of allegations to sustain a claim under the Racketeer Influenced and Corrupt Organisations Act, the US Court of Appeals for the Second Circuit has affirmed the dismissal of a complaint alleging a scheme to fraudulently bring a trademark infringement lawsuit.
Based on extensive first-hand experience, Seattle-based trademark experts both working in corporate departments and at law firms give us the inside track on what to do, see, eat and drink while visiting the Emerald City for this year’s INTA Annual Meeting.
The TTAB has dismissed rapper Dr Dre's opposition to the registration of the word mark DR. DRAI and the word and design mark DOCTOR DRAI for goods and services in the field of women's and men's health. Although the TTAB found the marks to be more similar than dissimilar, Dr Dre failed to prove that consumers would presume a connection between the rapper and the applicant's goods and services.
With the legalisation of recreational cannabis impending in Canada, new business models and opportunities are emerging for a surprising variety of brand owners.
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