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Bereskin & Parr LLP Canada presents options for those seeking to protect and enforce rights in luxury brands, including effective mechanisms and alternatives for strategic defence and enforcement.
Kangxin Partners PC Regionality is a well-known characteristic of trademark protection and brings particular jurisdictional challenges for fashion and luxury brands. In China, these challenges include trademark squatting and parallel imports.
RNA Technology and IP Attorneys While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retail space and the ever-present threat of counterfeiting.
Bugnion SpA Some so-called ‘legal fakes’ in Italy have so successfully fooled consumers and won over luxury and fashion brand fans that they have essentially supplanted the original brands, which are yet to conquer the country.
Uhthoff, Gómez Vega & Uhthoff Innovation, notoriety, protective registration and counterfeiting are key challenges for fashion and luxury brands. Fortunately, Mexico has a complex system of enforcement in place.
Gorodissky & Partners Anti-counterfeiting measures will never succeed in removing all counterfeits from the market, but they do make it significantly more difficult for counterfeiters to produce and sell fakes.
ATG Law Firm Turkey is a tourist hot spot but as the visitor numbers escalate, so too do the fake products. A good brand protection strategy can help to reduce the visibility of counterfeit products riding on the coattails of a trademark.
Birch Stewart Kolasch & Birch LLP A pending US district court case on a fashion company’s efforts to protect a handbag design as a non-traditional trademark under US law even though variations of the design have long been in the public domain should provide much-needed clarity on this area.
Bereskin & Parr LLP The upcoming amendments to the Trademarks Act may bring short-term uncertainty over ownership and licensing issues. One thing that is unlikely to change is the established principle of proving a licensor’s control over a mark.
Kangxin Partners PC Before signing a trademark licence agreement, rights holders should ensure that they have a strong risk-prevention strategy in place, in order to benefit as either a licensor or a licensee.
RNA, Technology and IP Attorneys Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream.
Bugnion SpA Trademark licensing is recognised under Italian law despite the absence of specific legislation governing agreements. When it comes to enforcement, licensees can provide evidence of a non-written agreement through various means.
Uhthoff, Gómez Vega & Uhthoff Mexican law follows international standards with regard to trademark licensing, and licensors can benefit from a licensee’s use of their mark even where the agreement has not been recorded. However, the local rules governing ownership in these circumstances are less clear.
Gorodissky & Partners Foreign brand owners are free to enter into direct or indirect trademark licensing agreements in Russia. However, in order to be valid and enforceable, these agreements must contain key terms and be recorded with the Federal Service for Intellectual Property.
ATG Law Firm Rights holders can significantly benefit from a proficient licensing agreement, provided that both parties uphold their end of the bargain. Depending on the type of agreement, licensees must fulfil various obligations before they can reap the rewards of a well-established trademark.
Birch Stewart Kolasch & Birch LLP Under common law, ownership is conferred through first use of a trademark including use by a licensee. Recent case law can help to determine which party has the right to enforce the licensed mark where an infringement suit arises.
For many start-ups, the data they possess is their biggest source of value. These fledgling companies must have a defined strategy for protecting data as both a business asset and an IP right.
Graphical user interfaces (GUIs) are interfaces that allow users to interact and exchange information with electronic devices. Since GUIs are increasingly key to success in the market for software products, their protection has become more important than ever.
With more growth and investment, new players on the rise and rapid advancements in technology, the protection and enforcement of intellectual property has gained more importance in media and entertainment. A number of pressing issues related to this sector have come to the fore in India.
Responsibility for a company’s trademark portfolio is frequently placed in the hands of a few specialists. Often, this is not the only task carried out within the department, or even by those tasked with this responsibility. However, the legal protection of trademarks requires a high degree of specialisation.
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