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Food delivery marks on the rise, as Starbucks leads the way in restaurant brand filings: exclusive data analysis
In this week’s industry data report we look at the food service industry. With fast food brands leading the way, we reveal that Starbucks has the most robust trademark portfolio in the industry and that flings have generally been on the decline but marks for food delivery have seen a conspicuous rise.
Trademark "reveals" Star Trek series name, T-ARA denied, and PewDiePie responds to “fake” sponsorship: news round-up
In our latest round-up, we look at a call to boycott a Hawaiian food chain over trademark enforcement, YouTube star PewDiePie hits back over "fake" sponsored video accusation, an analysis of cutting-edge technologies being developed in the fight against counterfeit food, the name for Patrick Stewart’s Star Trek TV series may have been revealed in a trademark application, and much more.
To continue our series of articles providing insights into the work of leading WTR 300-ranked corporate trademark professionals, World Trademark Review spoke to Shama Elliott, IP manager at American International Group (AIG). In an in-depth conversation, she explained the value non-lawyers can add to trademark departments, sheds light on some of the key challenges facing brands in the insurance and financial services sector, and much more.
Audi launches anti-counterfeiting campaign, YouTube brand safety fiasco and TMview expands: news round-up
In our latest round-up, we look at the expansion of the EUIPO’s TMview search platform, Audi launching an anti-counterfeiting awareness campaign, Scotch Whisky attaining GI protection in South Africa, Chinese trademarks continuing rapid growth rate, and much more.
A look at the most popular articles and legal updates we have published over the past 12 months with Amazon overtaking Apple and Google to be named the world’s most valuable brand topping the table.
In Consolidated Developments Ltd v Cooper, the High Court of England and Wales has refused to admit additional evidence that was not before the hearing officer at the UKIPO. The decision demonstrates the relatively restrictive approach which the court takes to the admission of new evidence.
The Bengaluru City Court has vacated an ex parte injunction preventing the defendants from using the MISS EARTH mark in respect of a beauty pageant. Among other things, the court found that the plaintiff had suppressed material facts including the fact that its registration for MISS EARTH in Class 41 was no longer valid.
Defunct NFL franchise trademarks, counterfeiters target Kickstarter and Pinduoduo investigated: news round-up
In our latest round-up, we look at Chinese regulators launching an investigation into e-commerce platform Pinduoduo, how tomato DNA is being used to combat dangerous counterfeits, an IP workshop in Kashmir, the Vega+ games console losing branding rights, reveal the members of the new WHOIS working group and much more.
“Opportunistic filing after a disaster remains an issue” MH370 rights shine spotlight on tragedy marks
World Trademark Review has discovered a registered trademark and domain name related to the Malaysia Airlines Flight 370 tragedy being sold for thousands of dollars. The listing is a reminder of how trademark departments have a key role to play in the wake of tragic events, with one expert telling us that defensive filings should be “a primary prevention tool” against opportunists that wish to commercialise terrible events.
In Holland and Barrett v General Nutrition, the Court of Appeal has considered what happens where, within the context of a licensing agreement, the main marks are used but the auxiliary marks are not and, therefore, are liable to be revoked. The decision provides valuable guidance for mark owners who license their main brand as well as a number of sub-brands.
In a decision that "may be a shock to many", the High Court has held that Sony Corporation had failed to prove that its SONY mark was well known in Kenya. The decision has raised concerns that the Kenyan courts are not protecting well-known marks, despite the fact Section 15A of the Trademarks Act specifically provides protection for well-known marks. This update considers whether this concern is justified.
Authorities should distinguish between ads and trademarks: exclusive interview with PepsiCo’s Sergio Barragan
Continuing our weekly series of deep-dives into the work of leading WTR 300-featured corporate trademark counsel, World Trademark Review this week caught up with Sergio Barragan of food, snack and beverage giant PepsiCo. In a wide-ranging discussion, we discover his approach to managing the company’s extensive Latin American brand rights portfolio.
The recent Tempnology decision has raised more uncertainty than it has clarity for trademark licensees and licensors. Parties and their trademark counsel must exercise more caution than ever when drafting trademark licence agreements to avoid unintended consequences in the event of a party’s bankruptcy.
The Patent and Trademark Office (PTO) recently decided, without any warning, to modify the power of attorney requirements, making them very burdensome. In addition, and contrary to the principle of fairness, the PTO established that the new requirements would also apply to past cases. This led to administrative chaos and, following intervention by the Ministry of Economic Development, the PTO is now having to backtrack.
In Walton International Ltd v Verweij Fashion BV, the High Court has set aside a notice of discontinuance filed by Walton International in relation to its EU trademarks GIORDANO. The court held that, if the notice were to be permitted, it would be only on the condition that Walton International did not further assert the marks against Verweij Fashion in any other EU member state or rely on them before the EUIPO.
Earlier this year, the Mexican Senate approved a decree which introduced significant amendments to the Industrial Property Law. This update highlights the key changes introduced by the decree, which is due to come into force on 10 August 2018. Worryingly, the Mexican Institute of Industrial Property has not yet published the regulations clarifying how these amendments will be implemented.
“Stop the uncritical worship of the God of Automation”: practitioners push back on end-to-end electronic filings
The comment period for a proposed rulemaking change that would mandate the electronic filing of trademark applications, and associated submissions, at the USPTO closed last night. A number of concerns were raised about the proposed move, with current online systems coming in for criticism and warnings that some of the proposed changes could create an opportunity for trademark scammers.
In a decision that provides valuable guidance on the concept of 'evocation' of a protected designation of origin (PDO), the General Court has confirmed that the mark CAVE DE TAIN, which covers wines in Class 33, was not an evocation of the PDO 'Cava'. Among other things, the court held that the mark would be understood by consumers, regardless of their language skills, as referring to a wine produced in France.
Cancellation of marks: Ministry of Economy's practices in implementing Trademarks Law create challenges
The UAE Trademarks Law provides for the cancellation of trademarks on various grounds, whether through an administrative action or through a court order. However, some of the practices carried out by the Ministry of Economy in implementing the provisions of the Trademarks Law have created challenges for mark owners and those seeking the cancellation of a trademark.
Louboutin’s win before the European Court of Justice shines a light on the complexities of colour marks.
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