Covid and counterfeits: how brand owners are fighting back against pandemic opportunists

In an exclusive guest post, experts at Gowling look at how brand owners have tackled a significant rise in counterfeit goods during the covid-19 pandemic.

Covid and counterfeits: how brand owners are fighting back against pandemic opportunists
Live updates: IP offices implement measures in wake of coronavirus crisis
21 Oct 2021

Live updates: IP offices implement measures in wake of coronavirus crisis

As the novel coronavirus epidemic continues to spread across the globe, WTR provides an updated look at measures that national IP offices have launched in response.

Trademark applications from China are on a downward trend around the world
20 Oct 2021

Trademark applications from China are on a downward trend around the world

Data analysis suggests that political factors are likely responsible for a change in filing patterns from trademark applicants in China.

Featured

21 Oct
2021

Earlier rights in the UK: validity in pending proceedings after UK withdrawal from EU

The General Court considered whether extended passing off remains a valid basis for opposition in pending appeal proceedings decided after the United Kingdom’s withdrawal from the European Union. Read more

21 Oct
2021

Federal Court rules that the variation of a plaintiff’s registered mark is not a remedy in an infringement action

In a landmark decision, the Malaysian Federal Court has ruled that a plaintiff in an infringement action is not legally obliged to consider the option of co-existence on the ground of honest concurrent use. Read more

20 Oct
2021

“The loss of the disparagement bar is something to be truly lamented” – new study looks at USPTO post-Tam

A new research paper has analysed the removal of the disparagement provision at the USPTO following the Supreme Court’s groundbreaking Matal v Tam ruling. Read more

News

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19 Oct 2021

US trademark filing activity is on the decline: is it indicative of a dwindling economy?

In an exclusive guest post, it is revealed that US trademark filings could see the first decline in over a decade – and the reason for the unexpected fall could be a concern for the wider economic condition. Read more

19 Oct 2021

eBay urged to ban airbag sales; McDonald’s prevails in McVegan dispute; INTA files amicus brief – news digest

In our latest round-up, we look at how digital stamps help tackle fakes in Tanzania, brands warning of marketing activism, and much more. Read more

17 Oct 2021

Inside a transformed Xerox; H&M dispute ends; Trademark Terminal development; and much more

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

15 Oct 2021

2021 INTA Annual Meeting capsule keynotes; fountain pen trademark drama; Disney+ to expand into Asia – news digest

In our latest round-up, we look at Montenegro expanding its TMclass participation, KIPO seeing a significant increase in covid marks, and much more. Read more

Analysis

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18 Oct 2021

Pressure for US to crack down on counterfeits as study reveals alarming impact of fakes

The Buy Safe America Coalition has published a scathing new study revealing “the devastating impact of the sale of fraudulent goods” on US consumers, businesses and the economy as a whole. Read more

18 Oct 2021

“Only those who adapt will survive” – JT International trademark director on evolution of industry

We sit down with former INTA president and JT International IP, trademark and design director Ronald van Tuijl to learn how tobacco brands are evolving in the face of consumer health concerns and new regulations. Read more

16 Oct 2021

Superbuy and WeGoBuy need to be on counterfeit enforcement radars

Two of the biggest Chinese shipping agents appear to be helping to make buying counterfeits more convenient and therefore worsening the battle against fakes, argues our Saturday opinion. Read more

14 Oct 2021

Renewed calls for US marketplaces and social media platforms to be added to USTR list, as platforms respond

During the comment period for the 2021 Notorious Markets List, calls have been made for US online marketplaces and social media platforms like Amazon and Facebook to be included. Read more

Legal updates

20 Oct 2021

HELIOS v HEALIOS: General Court considers likelihood of confusion in the medical field

This decision of the General Court highlights that, when it comes to goods and services with a medical purpose, it might not be sufficient to argue that their ultimate purpose can overlap with their medical application in order to establish similarity. Read more

20 Oct 2021

Commercial Court issues significant decision on fake car parts

This landmark ruling of the Commercial Court in Belgrade should provide rights holders with a useful tool in their fight against fake auto parts. Read more

19 Oct 2021

Federal Supreme Court holds that shape of Nespresso capsules is technically necessary

The Swiss Federal Supreme Court has put an end to the long-running dispute between Nestlé and Ethical Coffee, which had launched biodegradable coffee capsules compatible with the Nespresso system. Read more

19 Oct 2021

Unearthed truth: lack of evidence from complainant means success for respondent

This UDRP decision shows that, to prove bad faith, it is crucial for complainants to establish the existence of their trademarks or their reputation at the time the disputed domain name was registered - rather than when commercial use was being made of the domain name. Read more

18 Oct 2021

Porto v Portwo Gin: General Court considers concepts of ‘use’ and ‘exploitation’ of a PDO

Instituto dos Vinhos do Douro e do Porto IP - the institute in charge of controlling the quality and quantity of Port wine production - has prevailed before the General Court in opposition proceedings against the registration of PORTWO GIN for spirits. Read more

Insight

2 Jul 2021

Top tips for how brand owners can work with online platforms to fight counterfeiting

WTR’s Global Leaders set out an eight-point checklist for what rights holders and e-commerce sites can do to take meaningful action against the online trade in fake goods. Read more

1 Jul 2021

“Do not be afraid to take risks”: leading in-house counsel reveal the secrets to their success

WTR’s Global Leaders share personal insights into how they got to where they are today and offer advice to those considering the same career path. Read more

30 Jun 2021

The Chinese IP protection landscape looks bright – but more still needs to be done

Leading trademark practitioners discuss how the Chinese IP regime is improving for brand owners and, crucially, what the key areas of focus should be next. Read more

24 Jun 2021

How to work with Customs – six key tips for brand owners

IP practitioners in Europe, Central America and the United States discuss how brand owners can work with Customs to clamp down on counterfeiting in their region. Read more

Events

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21-22 October
2021

ECTA Annual Conference

SAVE THE DATE - ECTA’s 39th Annual Conference will be held on 21 and 22 October 2021 in Vienna in a hybrid format. You will share two days of intensive networking and learning opportunities on the latest trends in trade mark, design law and beyond with numerous professionals and officials from all over the world. We hope to welcome many friends and colleagues, physically and virtually at this event. ECTA members can participate at a reduced fee! More information about the programme and registration will follow in due course.

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