Cadbury and Glaxo purples suggest that colour marks can still be a grey area

Rights holders are increasingly turning to non-conventional colour marks to protect the colours associated with their brands against use by competitors. Although colour marks remain difficult to obtain, brand owners can take certain steps to enhance their chances of success.

<em>Cadbury </em>and <em>Glaxo </em>purples suggest that colour marks can still be a grey area
20 Aug 2019

Anatomy of a trademark lawyer: the qualities that make for success

We investigate what qualities those at the top of the IP profession feel make for an elite-level trademark professional.

20 Aug 2019

North Korea establishes IP institute, Amazon intangibles tax win, and Brazil fee request: news digest

In our latest round-up, we look at retail companies leading a ‘brand health’ survey, the Belarus IP office correcting a mistake, the New York Times delving into the world of counterfeit books, and much more.

Featured

21 Aug
2019

Federal Administrative Court confirms that MERCI lacks distinctiveness

The Swiss Federal Administrative Court has upheld a decision of the Federal Institute of Intellectual Property refusing to register the trademark MERCI (‘thank you’ in French) for services in Classes 35, 38, 40 and 42. Read more

21 Aug
2019

UDRP complainants take note: trademark reputation must be evidenced

A recent UDRP decision serves as a reminder that it is generally necessary for complainants to prove that respondents registered the domain names at issue with the complainant in mind, with the specific intention of profiting from their goodwill and reputation. Read more

20 Aug
2019

When parody misses the mark

In a dispute involving an unauthorised parody of a newspaper, the Superior Court of Quebec has held that parody does not excuse trademark infringement or depreciation of goodwill. Read more

News

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18 Aug 2019

WWE’s approach to enforcement; brand squatting in Nigeria; global counterfeiting hotspots; encouraging diversity in the IP field; EUIPO warning; plus much more.

Everything we covered on WTR over the last 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

16 Aug 2019

Crocs cease-and-desist goes viral, debate over THE trademark, and CLA cannabis group launched: news digest

In our latest round-up, we look at a survey highlighting the brand risk of advertising alongside extreme content, the dangers of fake smartphones revealed, Amazon responding to a fake CDs investigation, and much more. Read more

13 Aug 2019

Diversity in the legal workplace: exclusive interview with the co-chair of Women in IP

Joanna Conway, co-chair of Women in IP, reflects on the diversity challenges that exist in the legal IP world and how the organisation is working to improve the environment. Read more

13 Aug 2019

Starbucks mermaid most recognised brand mascot, India counterfeit loss, and Ugg litigation wave: news digest

In our latest edition, we look at the International Chamber of Commerce publishing a guidance on IP valuation, Authentic Brands Group getting a boost, the French IP office closing for a couple of days, and much more. Read more

Analysis

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20 Aug 2019

Tackling a $1.4 billion counterfeit problem: inside the CBP’s seizure numbers

As the value of counterfeit good seizures by the US authorities rises, a new call is made for private industry to work with domestic and international partner agencies in a bid to tackle demand as well as supply. Read more

19 Aug 2019

Five counterfeit hotspots you must be aware of in Colombia

Our series highlighting markets that reportedly engage in the trade of counterfeit goods continues with Colombia. We look at why the Latin American nation is a challenge for rights holders tackling fake goods and identify key locations to police.  Read more

19 Aug 2019

The Trademark Company is back: founder questions law firm filing model as hiatus ends

The Trademark Company has relaunched as a legal services provider. In an exclusive interview, founder Matthew H Swyers explains the new business model and why traditional law firms shouldn't be concerned. Read more

16 Aug 2019

Just Eat and Takeaway.com tie-up to take on Uber Eats as brands seek market dominance

The online food delivery services industry is heating up. Major players are snapping up smaller brands and merging to solidify market presence and expand into new regions, as our exclusive data analysis reveals. Read more

Legal updates

20 Aug 2019

1st AMERICAN mark deemed distinctive as a whole

In opposition proceedings involving Italian company Fashion Energy and US company Retail Royalty, the EU General Court has found that the Second Board of Appeal of the EUIPO had not appropriately assessed the distinctive character of Fashion Energy’s 1st AMERICAN mark. Read more

19 Aug 2019

New Zealand v Australia: battle over rights to the name of the modern Olympic Games’ founder, Pierre de Coubertin

The Intellectual Property Office of New Zealand has dismissed the International Olympic Committee’s opposition to registration of the trademark PIERRE DE COUBERTIN, in stark contrast to the equivalent Australian opposition. Read more

19 Aug 2019

Delhi High Court: vacancies at Intellectual Property Appellate Board should not affect its functioning

In Mylan Laboratories Limited v Union of India, the Delhi High Court has held that vacancies for technical members at the Intellectual Property Appellate Board should not affect hearings before the board. Read more

16 Aug 2019

When a domain name is dropped, you need the best catcher in your team

A recent decision involving the domain name ‘ogio.com.au’ under the ‘.au’ Dispute Resolution Policy is an important reminder of how panels can have different approaches to the same facts in complex cases.   Read more

16 Aug 2019

Fifty years later, Woodstock festival gains right to sell WOODSTOCK-branded marijuana 

Woodstock Ventures, the owner of the Woodstock music festival, has won the right to use the mark WOODSTOCK to sell cannabis products in commemoration of the 50th anniversary of the famous music festival. Read more

Insight

29 Jul 2019

Practical strategies for managing luxury brands

A group of senior trademark and brand professionals recently convened in New York to discuss strategies for protecting, enforcing and monetising fashion and luxury brands. This special report details some of the key points and presents essential takeaways. Read more

18 Jul 2019

Lessons from the high-profile spat between Haas F1 and Rich Energy

When Haas F1 entered the 2019 Formula 1 season, it brought with it a brand new title sponsor, with a colour scheme on its livery to match. However, the relationship has resulted in Twitter rants, leaked documents and legal action – as well as takeaways for trademark professionals. Read more

18 Jul 2019

EU offers increasingly interesting market for pharmaceutical trademarks

The European Union offers an increasingly interesting market for pharmaceutical companies, thanks to its growing elderly population, above average expenditure on drugs and robust use of branded drugs over generic equivalents. Pharmaceutical trademarks are a crucial element of this. Read more

17 Jul 2019

Healing confusion – choosing the correct name for pharmaceutical trademarks

Similarity among prescription drug names should be avoided, as the potential confusion carries a risk to consumer health. Bringing the best pharmaceutical trademark to market can be arduous, but it will assist in the safe prescription of medication. Read more

Events

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14 October
2019
Latest

Brand Protection Online Europe

After a successful debut in the United States, World Trademark Review (WTR) is bringing Brand Protection Online to Europe this October! Brand Protection Online Europe (14 October, London) will provide a unique forum for in-house counsel to discuss the challenges, opportunities and risks being faced as online and technological environments continue to evolve.

Data centre

Research projects tracking the latest market trends for trademark professionals.

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Our unique and timely intelligence service informs commercial trademark decision making in boardrooms globally by translating trademark law into business sense.