Search results - found 1,270
“What I saw in China 8 years ago, I am now seeing in Brazil”: strategic insights from New Balance’s brand protection lead
World Trademark Review speaks to Daniel McKinnon, New Balance’s head of global brand protection, about his approach to trademark enforcement. The WTR 300-featured attorney criticised the “paltry” damages awarded in China and explained his strategy for mitigating the problems posed by “parasite brands” in the country. He also highlighted an emerging problem with Latin American counterfeiting, which he predicts will become more sophisticated in coming years.
AI boosts counterfeit seizures in Hong Kong; expert claims focus should be on small package detection
Customs authorities in Hong Kong have managed to increase the seizure rate of fake goods by one-third in the first half of 2018 thanks to the use of artificial intelligence (AI). This report unexpectedly received negative online reactions, with commentators suggesting that customs should instead be focusing on street sellers. However, one expert tells us that this is a step in the right direction although adding that more attention should be given to the movement of counterfeits via small parcels and on greater collaboration between customs and brand owners.
Kenya, Tanzania and Uganda each have different legal approaches to the treatment of parallel imports, making generalisations dangerous for trademark owners and importers alike.
When it comes to exercising jurisdiction in online disputes, Indian jurisprudence has some way to go but case law analysis may provide critical insight.
A groundbreaking new study has found that most consumers feel “moral disgust” and “revulsion” from using counterfeit goods, with a warning that this feeling can be extended to genuine goods that are often copied. The research is a reminder of the tremendous brand harm such illicit activity causes, with the study suggesting a new form of damage in trademark cases.
Court of Appeal upholds criminal sentence for import of counterfeit t-shirts bearing registered trademarks
The Court of Appeal of Zaragoza has confirmed a judgment of the Trial Court Number 1 of Zaragoza in which the latter had sentenced the defendants for importing thousands of counterfeit t-shirts from China. Among other things, the Court of Appeal once again rejected the ‘consumer error’ theory, according to which no crime is committed if consumers are not confused.
Legislation was tabled last week in the US House of Representatives calling for the abolition of the Immigration and Customs Enforcement (ICE), following a week in which over 100 elected officials declared their support for dismantling the organisation. It sparked a reminder that the agency plays a crucial role in the fight against counterfeits, with a leading trademark lawyer describing the calls for ICE’s complete abolition as “short-sighted”, warning that such a move would damage brand rights enforcement as well as other positive functions it serves.
The main drivers that determine the likelihood of a country being involved in the trade of counterfeit goods have been identified by a new report from the European Union Intellectual Property Office. Governance, free trade zones, production facilities, logistical capabilities and facilities and trade facilitation policies are all highlighted as the key determinants.
How brands should prepare for the big changes coming to Canada’s trademark market: exclusive data analysis
In our latest country data report, we delve into Canada’s trademark landscape. We examine how a major overhaul of its trademark laws may lead to a clogged up register, assess the impact cannabis legalisation might have on rights holders and take a close look at filing and litigation data.
Trump administration tariffs “could help legitimise fake goods”: trade associations join up to sound alarm bells
A number of major US trade associations have joined forces to send a letter to two members of the House Ways and Means Committee warning that the Trump administration’s recent trade tariffs are having a harmful effect on the battle against counterfeit goods. The strongly worded letter, seen by World Trademark Review, claims that the tariffs place “significant barriers on the fight against harmful fakes” and calls for an urgent rethink.
The Kenyan authorities have published the Statute Law (Miscellaneous Amendments) Bill 2018, which provides for amendments to several laws. The most significant change to the Anti-counterfeiting Act is the creation of a dual trademark registration system: all marks relating to goods to be imported into Kenya will need to be recorded with the Anti-counterfeit Authority, and it appears that a trademark registration will be a prerequisite.
After Government Regulation 20/2017 on Control of Import and Export of Goods came into effect last year, the Ministry of Finance finally passed Implementing Regulation 40/2018, which sets out the procedures for customs recordal and seizures. While it is positive that Customs has introduced a system to record IP rights, the system is currently limited to IP rights owners with a local subsidiary.
The 2018 FIFA World Cup gets underway in Russia today, and major brands sponsors and non-sponsors alike have already kicked off efforts to benefit from the buzz surrounding the tournament. Meanwhile, the authorities have commenced policing for infringement, with the Federal Antimonopoly Service having initiated cases centred on the misuse of FIFA’s marks.
Proposed amendments to Trademarks Act's border enforcement provisions - what rights holders should know
The Intellectual Property (Border Enforcement) Bill was recently introduced in Parliament. Among other things, it aims to give effect to Singapore's obligations under the European Union-Singapore Free Trade Agreement to strengthen border enforcement measures against infringing goods, and to circumscribe new powers for Customs to procure and provide information concerning seized goods.
The UK Supreme Court has handed down its decision in the Cartier website blocking case, siding with internet service providers (ISPs) and ruling that brand owners should indemnify ISPs for the costs of implementing blocking injunctions. While a blow to rights holders, industry commentators argue that such injunctions remain a key weapon in the fight against online infringement.
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.
South Korea rockets to top of customs ranking; illicit trade report reveals countries that need to do more
The Global Illicit Trade Environment Index, launched simultaneously in Hong Kong, Brussels and Panama City, scores 84 economies on the extent that they enable or prevent illicit trade. While taking a broad look at illicit trade, the report contains useful insight on the anti-counterfeiting landscape.
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.
The new Law on Customs Measures for the Protection of Intellectual Property Rights has now entered into force in Kosovo, introducing important changes intended to align local customs procedures with Regulation 608/2013. Among other things, the new law further streamlines the simplified procedure for the destruction of counterfeit goods and introduces the small consignment procedure.
Two trade associations in the United States have spoken publicly about their concerns over the Trump administration’s recent steel and aluminium tariffs on the European Union. Talking to World Trademark Review, a representative for one of those associations claims targeting trade allies rather than partnering with them “weakens” the ongoing battle against the scourge of fake goods.
Register for more free content
- Read more World Trademark Review blogs and articles
- Receive the editor's weekly review by email