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Madrid System fails to have an impact for local filers: an analysis of the Indonesian trademark market
In this country data report, we hone in on the fast-growing Indonesian trademark market, revealing that the country’s recent accession to the Madrid Protocol has had little impact on local filers, while US applicants have been making the most of the new filing option.
Cristiano Ronaldo to Juventus, LeBron James to LA Lakers: the brand perspective on major sporting moves
The last week has seen two of the biggest sporting moves in history, with NBA legend LeBron James joining the LA Lakers and football superstar Cristiano Ronaldo heading to Italian club Juventus. Reports on both moves have focused on the massive money involved in the deals, but experts say that the power of the players’ brands will justify the big dollars being spent by the respective teams.
Federal Circuit: TTAB applied wrong test in finding Coca-Cola’s ZERO mark not generic for soft drinks
In Royal Crown Company Inc v The Coca-Cola Company, the US Court of Appeals for the Federal Circuit has vacated a decision of the TTAB in which the latter found that the opponents had failed to prove that Coca-Cola’s ZERO mark is generic for soft drinks and sports drinks, but that Coca-Cola had established acquired distinctiveness in ZERO for soft drinks.
Eighth Circuit: phonetically identical description of competing dog bags does not necessarily cause confusion
In ZW USA Inc v PWD Systems LLC, which involved competitors in the dog bag market, the US Court of Appeals for the Eighth Circuit has affirmed a district court summary judgment finding that no evidence had been presented from which a jury could infer that consumers were likely to confuse ZW USA Inc’s ONEPUL dog bags with PWD Systems LLC’s BagSpot ‘one-pull’ bags.
More evidence of the economic benefits of trademark ownership has emerged, with new research from the US Patent and Trademark Office revealing that registered trademark protection helps companies to grow, employ more people and innovate. Along with a slew of similar research findings to surface in recent months, the study reinforces efforts to communicate the benefits of trademark rights; not only to businesses, but to consumers and policy-makers.
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.
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.
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.
With a 10% rise in trademark applications mostly spurred by Chinese filings flooding the USPTO in 2017, questions have been raised about whether the office can cope with this influx both now and in the future.
Data from CompuMark has revealed the leading trademark filers at the USPTO last year. In previous years, the top filer has been a major company, but in 2017 it was a New York-based doctor who filed over 300 marks at the USPTO. We spoke with the representative behind these marks, as well as a CompuMark expert who suggests that “trademark league tables might not be dominated by large corporations in the future”.
Rising sales, healthy filings and new opportunities in the dynamic cosmetics sector: exclusive data analysis
In this week’s industry data report, we provide a rundown of the cosmetics market from a branding perspective. We take a big picture look at sales growth and key trends and reveal that technology trademark filings are on the rise among major brands.
An investigation from World Trademark Review has explored the evolving tactics of misleading and often malicious websites that pose as articles from well-known news outlets. Common trends include the use of cryptocurrency and Elon Musk to lure in users, with one expert telling us that tackling hoax articles targeting brands or public figures can feel like “a game of whack-a-mole”.
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 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.
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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