Russia and Syria IP cooperation, Alibaba and JD.com spat, and OK BOOMER trademarks: news digest

In our latest edition, we look at the Chile IP Office urging electronic usage following mailbox damage, a St Andrews trademark dispute heating up, an update on the Bentley case, Ecuador joining DesignView, and much more.

Russia and Syria IP cooperation, Alibaba and JD.com spat, and OK BOOMER trademarks: news digest
19 Nov 2019

“A step in the right direction” – IP experts on brand protection implications of India’s draft e-commerce rules

The Indian government has released a draft of new e-commerce rules, with some provisions addressing counterfeit goods. Talking to WTR, some of India’s most high-profile IP experts praise the draft rules, although some claim they do not go far enough.

19 Nov 2019

“There’s a lot of suffering out there” – leading academic warns of the legal profession’s mental health problem

Richard Collier, a professor of law and social theory at Newcastle University, tells WTR why he’s concerned for the mental health of a generation of lawyers, and what the industry can do to effectively improve employee wellbeing.

Featured

19 Nov
2019

Proving bad faith at registration time could be a good ‘Techtrend’

Stressing that bad faith had to exist at the time of registration, a UDRP panel has refused to transfer the domain name ‘techtrends.com’ to the owner of the mark TECHTRENDS. Read more

19 Nov
2019

Bent(ley) out of shape in trademark dispute

In Bentley 1962 Ltd v Bentley Motors Ltd, the High Court of England and Wales has found that Bentley Motors, the well-known manufacturer of luxury vehicles, had infringed trademarks belonging to a small UK-based clothing company.  Read more

18 Nov
2019

Singapore IP Office chief executive confirmed as candidate as WIPO leadership race prepares for take-off

With a new WIPO director general expected to be appointed by May 2020, the first candidates have been officially revealed – all hailing from Asia. Read more

News

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17 Nov 2019

Microsoft tops intangibles ranking; e-sports opportunities; online brand protection trends; counterfeit hotspots revealed; plus 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 Nov 2019

A very Miami trademark dispute, Project Zero launches in India, and Nike ends Amazon deal: news digest 

In our latest round-up, we look at how a potential change to Instagram could impact DTC brands, how ‘water stewardship’ could boost brand value, a UKIPO office move, and much more. Read more

12 Nov 2019

Booking.com heads to Supreme Court, Kylie Jenner denies cease and desist, and new look CPA: news digest

In our latest edition, we look at another record-breaking Singles’ Day for Alibaba, VDM Alloys fighting legal action from VDM Metals, the trademark rumour mill receiving criticism, and much more. Read more

11 Nov 2019

Limited time remains to nominate the industry’s leading lights for recognition in the WTR 300

Nominate now to ensure that the work undertaken by in-house professionals across the globe receives the recognition it deserves – and be in with a chance to win a free place at an upcoming WTR event. Read more

Analysis

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18 Nov 2019

Counterfeit hotspots in Portugal that brand owners must be aware of

In the latest edition of our series on physical marketplaces around the world that are reportedly notorious for the sale of counterfeit goods, we head to Portugal. Read more

15 Nov 2019

Tiffany’s signature blue is priceless – and LVMH knows it

While the French powerhouse has yet to up its offer, it has come too far to back down. The American jeweller is a highly attractive target for anyone with a stake in the luxury market. Read more

14 Nov 2019

Seven counterfeit hotspots in Thailand that brand owners need to know about

In the next edition of our series on physical marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Thailand. Read more

14 Nov 2019

“Groundbreaking” – first successful international mediation could redefine the trademark status quo

The IP Office of Singapore has announced its first successful use of its Enhanced Mediation Promotion Scheme. Talking to WTR, the mediator in this case claimed that the scheme could lead to a "mindset change” for trademark practitioners. Read more

Legal updates

18 Nov 2019

Make My Trip v Make My Travel: Delhi High Court reaffirms conditions to avail of defence of acquiescence

The High Court of Delhi has reaffirmed that the trademark holder’s express consent to the use of a similar/identical trademark is an essential requirement to avail of the defence of acquiescence under Section 33 of the Trademark Act. Read more

18 Nov 2019

General Court confirms that figurative mark is descriptive

In United States Seafoods LLC v EUIPO, the EU General Court has confirmed that the mark UNITED STATES SEAFOODS, with a design resembling the US flag cropped into the shape of a territory, was descriptive. Read more

15 Nov 2019

Owners of enjoined company personally liable for monkeying around with injunction

A recent decision of the US Court of Appeals for the 11th Circuit shows that a party that has been enjoined from using a trademark should immediately implement a thorough strategy to halt all use of the infringing mark by both itself and its distributors and vendors. Read more

15 Nov 2019

New INPI resolutions on trademark applications and nullity/cancellation actions – what you need to know

Argentina’s National Institute of Industrial Property has passed two new resolutions that will have a significant impact on trademark owners and practitioners. Read more

14 Nov 2019

‘grabprinting.com’ decision: UDRP panels will want snapshot of circumstances at time when domain name was registered

The decision in Grabtaxi Holdings Pte Ltd v Lim serves as a reminder that UDRP panels will pay close attention to the situation at the time when the domain name is registered. Read more

Insight

30 Sep 2019

ECJ case law displays nuanced understanding of comparative advertising

A case from the European Court of Justice offers invaluable guidance for what is acceptable in comparative advertising, especially when it comes to comparing the prices of goods sold in different types and sizes of outlet. Read more

30 Sep 2019

China's Anti-unfair Competition Law: cracking down on malicious infringement in advertising

Recent amendments to China’s Anti-unfair Competition Law have seen legal compensation rise from Rmb3 million to Rmb5 million, which goes some way to addressing the significant cost of stopping infringement. Read more

30 Sep 2019

Building an effective enforcement strategy to fight unfair competition in advertising

In the fight against unfair marketing practices, businesses operating in Russia would be well advised to understand the correlation between unfair advertising and unfair competition and to take account of the relevant legal provisions so as to build up an effective enforcement strategy. Read more

30 Sep 2019

Unfair competition in Mexico: how to play by the rules in advertising’s commercial battles

Competitive advertising strategies should prompt healthy commercial battles and bring out the best in advertising, yet some still use advertising to confuse and mislead customers. Mexico’s unfair competition legislation defends the rights of victims to dubious advertising practices. Read more

Events

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4 December
2019
Latest

IPBC Latin America 2019

In its second year, IAM’s IPBC Latin America heads to São Paulo to showcase and explore winning strategies for managing the IP lifecycle to maximise corporate value. Rights holders from Latin America and beyond will delve into the best practices, enforcement techniques and monetisation options that can be utilised to craft world-class IP management and value creation programmes.

28 January
2020
Latest

Managing Trademark Assets Europe 2020

WTR’s Managing Trademark Assets Europe will bring together trademark counsel and brand experts from a variety of industries. It will provide a space in which to benefit from new insights, discuss best practice and share cutting-edge strategies for cost-effectively building and protecting brands.

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