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In a blow for rights holders, the UK Supreme Court has decided that internet service providers (ISPs) should not bear the implementation costs for website blocking orders. Although the court endorsed the availability of blocking orders for rights holders, it reversed the costs position, finding that rights holders should indemnify the ISPs for the reasonable costs of implementing the orders.
In a recent decision under the UDRP, a three-member panel has refused to order the transfer of a domain name incorporating the complainant's trademark in its entirety. Interestingly, one panel member dissented, finding that the respondent did not have rights and legitimate interests in the domain name, even though it had not registered and used it in bad faith.
ICANN steps up GDPR clarity bid, Squire Patton Boggs resolves China dispute, and insights from ECTA 2018: news round-up
In our latest round-up, we look at various insights from ECTA’s 37th annual conference, Squire Patton Boggs resolving a dispute in China over use of its name and related domain name, a potential disagreement between Jack Daniel’s and a Chambord estate, the Financial Times winning a trademark dispute, and how domain registrations for sports betting are on the rise.
UDRP panel finds that respondent had competing legitimate interests - but dissenting panellist disagrees
In a recent decision under the UDRP, the majority of a three-member panel has denied the transfer of a domain name identically reproducing a complainant's trademark as the respondent had competing legitimate interests. However, a dissenting panellist was of the view that the respondent had failed to provide credible evidence in connection with a legitimate interest in the domain name.
In this guest blog, Brian J Winterfeldt, principal of the Winterfeldt IP Group and president of ICANN’s Intellectual Property Constituency, and Phil Marano, senior associate at the Winterfeldt IP Group, identify five tools that can be utilised in the absence of public WHOIS data. Crucially, they also explain how rights holders can make their voices heard as the ICANN community seeks to formulate a longer term, GDPR compliant model for WHOIS access.
World Cup ambush marketing warning, muppet lawyer speaks out, and brands urged to get political: news round-up
In our latest round-up, we look at Velcro Companies releasing a new music video, a law professor fighting to keep Rapunzel trademark public, the Germany whisky that may sound too Scottish, a warning about counterfeit electrical products, and a study that finds the vast majority of consumers want brands to speak up about political and social issues.
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.
Bayer retires Monsanto brand, cocky trademark struck down and Nigeria kit attracts counterfeiters: news round-up
In our latest news round-up, we look at the World Cup football kit which has attracted a scourge of fakes, why Bayer has decided to retire the Monsanto brand name, how Kenzo is prevailing in a trademark lawsuit and how the Kenya Revenue Authority is destroying millions worth of fake alcohol, among other things.
The cassation court has confirmed that Black Friday Ltd, the owner of BLACK FRIDAY for services in Class 35, had abused its rights by suing an association of online shops for using the words 'Real Black Friday' and the domain name 'realblackfriday.ru'. Among other things, the court found that the designation 'Black Friday' had been used in many countries before the priority date of the trademark.
USPTO proposes paperless future, law firm inequality and liquid crystal anti-counterfeiting: news round-up
In our latest trademark industry news round-up, we look at a notice of proposed rulemaking from the USPTO, Twitter prevailing in a trademark dispute and research exploring law firm gender inequality.
“You do what you can to reduce risk”: exclusive interview with Rovio Entertainment’s Robert Hagelstam
Legal counsel for IP rights at Rovio Entertainment, best known as the owner of hit mobile gaming app Angry Birds, Robert Hagelstam explains how the company won its high-stakes long-running battle with Chinese trademark squatters, reveals his approach to securing rights in the fast-moving mobile apps sectors, and told us that many brands tend to over-file for trademarks.
New research has revealed that the sellers of counterfeit cosmetic goods are increasingly utilising social media to attract and dupe consumers. Importantly, the study has revealed that half of the consumers polled expect brands to take responsibility for protecting them from fakes.
The European Union’s GDPR legislation, which came into force last Friday, has caused ongoing and significant concern around access to WHOIS data. To take the pulse of how brand protection service providers are dealing with the changes, and what it means for their customers, we spoke with three industry experts and the feedback to the regime was decidedly mixed.
After months of preparation and dire warnings of its impact, the European Union's General Data Protection Regulation (GDPR) became enforceable last Friday. On that same day, ICANN’s Temporary Specification for gTLD Registration Data became effective. However, as trademark professionals come to grips with what this all means for online policing, fears have been raised about future engagement with UDRP proceedings on the part of registries and registrars.
Online operators such as eBay, Facebook, Instagram and Amazon find themselves under the microscope. They have become hugely successful organisations, but their platforms are often misused by those infringing rights or promoting bad locations.
UDRP in a GDPR world, attendance creeps towards 11,000, and Boston calling: INTA 2018 day three report
The legs are getting heavier, and the ‘morning after’ headaches more intense, but the World Trademark Review editorial team have been running between sessions, the exhibition hall, meetings and receptions with a few stops along the way for some fine Seattle coffee to bring you the latest stories and insights from Tuesday’s proceedings at the 2018 INTA Annual Meeting.
As entry into force of the GDPR looms ever closer, ICANN which is being forced to reform its WHOIS database has still not come up with a clear model that meets the long-term expectations of the Article 29 Data Protection Working Party, sparking concern among both rights holders and IP professionals.
MEME mark refused, Trump trademark snag for Israeli club and WHOIS working group set to disband: news round-up
In our latest round-up, we look at a MEME trademark related to serial filer Michael Gleissner, how an Israeli football team adding ‘Trump’ to its name could land the club in trademark hot water, a call for improved IP laws in Nigeria and how the IP portfolio of a UK fashion brand is up for sale.
ICANN has published its Temporary Specification for gTLD Registration Data in a bid to ensure WHOIS compliance with the European Union's General Data Protection Regulation, while maintaining the existing WHOIS system to the greatest extent possible. Subject to further revision prior to a board vote, the model proposes the establishment of a mechanism to allow contact with domain name registrants while cloaking their identity.
In a recent decision under the UDRP, a panel has denied the transfer of a domain name consisting of a personal name on the grounds that such name was not used as a trademark at the time the domain name was registered. The case shows that a complainant wishing to recuperate a domain name containing their personal name cannot simply proceed to register a matching trademark to take advantage of the UDRP.
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