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Trademarks after death – study urges IP practitioners to consider posthumous registration issues

A new study has taken a deep-dive into posthumous intellectual property and endorsement rights, and proposes a legal rethink to ensure fairness and accuracy to the departed.

Trademarks after death – study urges IP practitioners to consider posthumous registration issues
We have a problem – influencers endorsing counterfeits (op-ed)
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.

Why the current wave of big-ticket new gTLD deals matter to trademark counsel
12 Apr 2021

Why the current wave of big-ticket new gTLD deals matter to trademark counsel

GoDaddy Registry is to acquire the ‘.club’ and ‘.design’ TLDs, as well as 28 domain extensions owned and operated by MMX. The news broke just over a week after Ethos Capital completed an investment to acquire a controlling interest in Donuts.

Featured

12 Apr
2021

Throwing shade at shadow companies - amendments to the Provisions on Administration of Enterprise Name Regulations

Compelling a shadow company to change its trade name used to be a costly and time-consuming exercise. However, several administrative measures have recently been introduced, marking a major improvement in the fight against shadow companies in China. Read more

12 Apr
2021

Does the buck(eye) stop here? Sixth Circuit reinstates Ohio state trademark claims

This decision of the US Court of Appeals for Sixth Circuit marks a key development in determining liability of virtual retailers, elaborating on when an online marketplace forgoes immunity from trademark infringement claims. 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

Most read

1

ICANN 70 takeaways; Nike ‘Satan Shoes’ spat; tips for well-known status in China; and much more

2

MSCHF teases Nike with trademark lawsuit shirt; VW rebrand backfires; ICANN meeting update – news digest

3

Burger King trolls McDonald’s; INTA weighs in with EUIPO amicus brief; Mondelez and Grenade tie-up – news digest

4

Still time to contribute to trademark practice benchmarking project

5

FIFA licensing boon; former USPTO director rejoins law firm; INAPI hosts first gender roundtable – news digest

News

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9 Apr 2021

FIFA licensing boon; former USPTO director rejoins law firm; INAPI hosts first gender roundtable – news digest

In our latest round-up, we look at GoDaddy increasing its TLD portfolio, Timberland’s trade dress getting the boot, the Peruvian IP office warning political parties to respect IP, and much more. Read more

8 Apr 2021

New WTR report charts the rise of mass filers and impact on trademark ecosystem

Whether they are specific individuals or particular jurisdictions, the rise to prominence of mass filers over the past few years has had a significant impact on the trademark landscape. Read more

8 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

7 Apr 2021

Final chance to contribute to trademark practice benchmarking project

The submissions window for the latest WTR benchmarking survey, which focuses on operational management to identify how trademark practice is evolving, closes at the end of this week. Read more

Analysis

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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

24 Mar 2021

Innovation at the Hong Kong IP Office: spotlight on non-core tools and services

In exclusive insights, the Hong Kong IP Department reveals its innovative non-core tools and services for trademark users – and some of those planned for the future. Read more

Legal updates

9 Apr 2021

RestQ sleep aid products restrained due to similarity to Rescue Sleep products

The Australian Federal Court has restrained the maker of a sleep aid product from using the name RestQ due to the similarity with an existing product for dealing with sleeplessness sold under the names Rescue and Rescue Sleep. Read more

9 Apr 2021

New measures to improve IP rights protection system - key points highlighted

A resolution issued by the Uzbek president earlier this year has introduced numerous changes in the IP field. Most importantly, all legal entities and individuals are now entitled to register trademarks and service marks. Read more

8 Apr 2021

Attorneys’ fees: the steep price of not being exceptional

In this dispute between two hotel operators, the US Court of Appeals for the Seventh Circuit has considered the appropriate standard for determining what makes a trademark case sufficiently exceptional to warrant an award of attorneys’ fees. Read more

8 Apr 2021

New company law and recognition of well-known marks - what you need to know

Although Nigeria’s trademark law does not protect unregistered well-known trademarks against similar or identical company names, the owners of such marks may be able to rely on Section 852(1)(d) of the new Companies and Allied Matters Act 2020. Read more

7 Apr 2021

General Court confirms invalidity of EUTM on ground of bad faith due to prior contractual relationship

This decision highlights the case-by-case approach of the General Court when it comes to bad-faith filings - an area which still requires some clarification. 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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Brand Strategy Southeast Asia 2021

With global trade tensions showing no signs of abating, Southeast Asia looks set to benefit as manufacturers shift strategic facilities into the region - further boosting the burgeoning tech and R&D sectors. However, this growth will place unprecedented pressures on an already uneven IP landscape and rights-owners, both international and home-grown, will need to navigate with care.

Against this background, IAM is pleased to announce the return of our combined programme: IPBC Southeast Asia, hosted by IAM, and Brand Strategy Southeast Asia, presented by World Trademark Review, to the Grand Hyatt Singapore on September 2021.

Data centre

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