Concerns raised over India IPAB abolition; Trademark Express dispute finally ends; Florida State unveils new student-athlete NIL programme; 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.

Concerns raised over India IPAB abolition; Trademark Express dispute finally ends; Florida State unveils new student-athlete NIL programme; and much more
What is notable about the Colin the Caterpillar spat is not the dispute itself
17 Apr 2021

What is notable about the Colin the Caterpillar spat is not the dispute itself

In our latest Saturday opinion column, we consider the media frenzy surrounding the news that Colin the Caterpillar and his nemesis Cuthbert are locked in a legal dispute.

Government reform and incentives have created a robust trademark ecosystem in India: top filers revealed
16 Apr 2021

Government reform and incentives have created a robust trademark ecosystem in India: top filers revealed

Asia’s third-largest economy is now the third most active register in the world thanks to a hot start-up scene and prolific local filers

Featured

16 Apr
2021

Colin Caterpillar trademark spat; infamous wine counterfeiter deported; Dole brand expansion – news digest

In our latest round-up, we look at Brainbase expanding its customer base, a new report that finds consumers trust tightly spaced logos, the Brazilian trademark office opening a public consultation, and much more. Read more

16 Apr
2021

Changes to ‘.au’ domain name rules: implications for Australian trademark owners

New eligibility rules for holding a ‘.au’ domain name came into effect on 12 April 2021. It is particularly important for foreign entities holding ‘.au’ domain names to assess whether they will remain eligible. Read more

16 Apr
2021

The KOTEX case or the importance of expressly stating the grounds on which an opposition is based

In a victory for Kimberly Clark Worldwide Inc, Peru’s Administrative Court of Appeals has declared - pursuant to a Supreme Court of Justice order - the nullity of two resolutions issued over 14 years ago in a dispute involving two KOTEX marks. Read more

News

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15 Apr 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. Read more

13 Apr 2021

Activision strikes back with Warzone lawsuit; France.com fight continues; Leason Ellis brand refresh – news digest

In our latest round-up, we look at the IP Office of New Zealand launching a new hearings initiative, Canopy Growth acquiring a leading marijuana brand, and much more. Read more

12 Apr 2021

We have a problem – influencers endorsing counterfeits (op-ed)

Kimiya Shams, legal counsel at technology company DEVIALET, reflects on the concerning trend of influencers endorsing counterfeit products. Read more

11 Apr 2021

INFORM Consumers Act row; strategic takeaways from Brand Strategy India; new WTR Special Report; 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

Analysis

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15 Apr 2021

Mathys & Squire launches IP consultancy as private practice firms turn to brand valuation

UK IP firm Mathys & Squire has launched a new IP consultancy division, combining legal and commercial strategic advice. WTR spoke with partner Alan MacDougall to find out what the new arm will offer and how the firm is looking to position itself in the market. Read more

31 Mar 2021

Applications filed by women increase 101% in Chile – but wider industry input required to drive true parity

A recent report from the Chilean National Institute of Industrial Property has revealed that the number of trademarks filed by women increased significantly over the past year. Speaking to WTR, national director Loreto Bresky reflects on various initiatives behind the hike. Read more

25 Mar 2021

Green brands: how trademark law can promote sustainable business practices

The long read: While much has been written about how to protect green innovations using patents or utility models, trademarks could prove an unexpected ally for advocates of sustainability, especially when it comes to developing the market for environmental products and services. Read more

25 Mar 2021

Staffing concerns and digital downgrades – Nigerian IP Office faces challenges in modernisation effort

Talking to WTR, a local trademark expert claims the Nigerian IP Office’s recently-launched new website has had key features removed and that ongoing staffing problems are impacting the registry’s administrative duties. Read more

Legal updates

15 Apr 2021

Success for Andreas Stihl as General Court finds that colour combination mark is valid

This decision of the General Court highlights that it is crucial to include precise descriptions in applications for the registration of trademarks consisting of a combination of colours. Read more

15 Apr 2021

Federal Circuit: you can’t camouflage express trademark contract terms

This dispute between the US Army and a brand management company that sold clothing bearing the Army logo addresses a range of trademark licensing issues. Read more

14 Apr 2021

Supreme Court refers SodaStream bottle refilling and relabelling case to CJEU

The Finnish Supreme Court has referred questions to the CJEU for a preliminary ruling in a case where carbon dioxide cylinders had been placed on the market with the trademark owner’s consent, but the extent to which the refiller could relabel the goods remained open to interpretation. Read more

14 Apr 2021

While “You can’t always get what you want”, the Stones did get some “Satisfaction”

The “Hand of Fate” - or at least IP Australia - was smiling on Mick Jagger and the Rolling Stones in their recent victory over Australian fashion company We the Wild Ones. Read more

13 Apr 2021

The Lego brick saga continues: is Lego’s design registration valid?

The General Court has found that the EUIPO had erred in finding that a registered Community design representing a building block from a toy building set was invalid, having failed to examine the relevance of the exception relied on by Lego under Article 8(3) of Regulation 6/2002. Read more

Insight

12 Dec 2020

Why Mexico needs clearer publicity rights

With image rights protected mainly by the Federal Copyright Law, the overlap between an individual’s right to control use of their image and the automatic copyright established on behalf of an author can lead to courtroom conflicts. Read more

12 Dec 2020

EU image rights: when the product is us

In the absence of a harmonised EU law on image rights, individuals are forced to rely on a combination of copyright and human rights claims to protect their most unique asset online – their own image. Read more

12 Dec 2020

My name, my face, your trademark? Protecting publicity and image rights in China

A series of high-profile cases has seen publicity and image rights in the spotlight in recent years. Although the laws protecting these rights can be broad, a well-thought-out strategy with evidence of reputation will see celebrities triumph over bad-faith filers. Read more

12 Dec 2020

Social media and the right of publicity: what advertisers need to know

With no US federal right of publicity and the distinction between celebrities and non-celebrities becoming increasingly arbitrary, companies looking to advertise their products through the likenesses of individuals must be up to date with the latest case law in order to get a clear picture of the risks involved. Read more

Events

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May 3-7
2021

2021 Leadership Meeting (Virtual)

As we embark on our 2021 Leadership Meeting, we’re committed to present exceptional educational offerings themed around resilience, growth, and the future.

You will gain insights on a wide range of IP and business topics, have opportunities to pursue a slew of new and exciting Business Development opportunities, reflect on leadership lessons, and now more than ever, in a time of uncertainty, advance the future of the Association’s objectives. Join us and be inspired for the future!

21-22 October
2021

ECTA Annual Conference

18 May
2021

ECTA Webinar - Slogans..but made for branding. A new threshold for registrability of slogans after Oatly?

Carina Gommers, ECTA Second-Vice President, Wiggin (BE) will moderate a distinguished panel of speakers to discuss slogans and the degree of distinctive character required by the EU trade mark law. In particular, has the Oatly decision determined a change of practice in the registrability of slogans? We will address this topic from different perspectives, in and out the legal framework. Detailed information will follow soon.

Data centre

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Thought leadership

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