INTA president lays down the gauntlet, puppy love, baffled by Brexit, and avoiding spoilers: INTA 2019 day two report

The Monday of the INTA Annual Meeting is often the busiest of the event. Trying to keep up with the rapid pace of activities, the WTR editorial team presents highlights from another jam-packed day.

INTA president lays down the gauntlet, puppy love, baffled by Brexit, and avoiding spoilers: INTA 2019 day two report
20 May 2019

Brand protection on TikTok: what rights holders need to know about the fast-growing social media platform

Chinese social network TikTok is growing rapidly, with over 1 billion downloads in the past 12 months. For rights holders, it is a platform that needs to be on the radar, with research from WTR finding issues that brand owners should be aware of.

19 May 2019

Brexit, China, surplus and SMEs: takeaways from Christian Archambeau’s first press briefing as EUIPO head

Christian Archambeau sat down with journalists earlier today in what was his first press briefing since he became executive director of the EUIPO. In a wide-ranging discussion, he revealed various plans that the office has in the works.

Featured

20 May
2019

Federal Circuit: trademark decisions rendered by International Trade Commission do not have preclusive effect

In Swagway LLC v International Trade Commission, the US Court of Appeals for the Federal Circuit has held that trademark decisions of the International Trade Commission, like its patent decisions, do not have preclusive effect. Read more

20 May
2019

Licensor prevails in dispute over use of brand name post-termination

A recent case in India has addressed the question of whether a licensee can claim rights in a licensed mark when faced with the termination of the licence agreement. Read more

19 May
2019

Trademark pirates attack, sustainable freebies, parasite brands, and GIview in the works: INTA 2019 day one report

The great and the good of the trademark industry have descended on Boston for INTA’s 2019 Annual Meeting. Here’s what caught our attention yesterday and on today’s first full day of proceedings… Read more

News

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19 May 2019

What brands need to know about the trademark activity of Michael Gleissner

WTR has reported extensively on the massive trademark filing operation of multimillionaire businessman Michael Gleissner. For those not fully aware of this activity, we have put together an infographic that illustrates the potential impact for brands. Read more

18 May 2019

Meet the WTR team and pick up some freebies

The WTR team has arrived in Boston for this year’s Annual Meeting. If you are in town, then visit us in the exhibition hall at stands 918/920 to meet the crew and pick up some of our latest publications. Read more

18 May 2019

“We need to drive home the message” – INTA study reveals Generation Z’s attitude to counterfeits

The INTA has published a major new study on Generation Z’s attitude to brands and counterfeits, revealing that 57% believe their money is better off benefiting the local counterfeit seller than big conglomerates.  Read more

17 May 2019

INTA Annual Meeting is a record-breaker, Brexit energy drink denied, and Florida Man trademark spat: news digest

In our latest round-up, we look at a new study that finds 25% of online purchases are for fakes, the EU General Court ruling on a NEYMAR mark, counterfeit containers seized in Malta, tips on making a brand matter, and much more. Read more

Analysis

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17 May 2019

P&G’s new start-up mindset will reinforce its position in the market  

Direct-to-consumer brands have proved to be a problem for the American consumer goods behemoth Procter & Gamble, but a new customer-centric strategy combined with data resources could help the company regain lost ground. Read more

16 May 2019

Alibaba issues IP protection report; expands on future plans in exclusive interview

Alibaba has released its IP Protection Annual Report, revealing that it provided 1,624 IP-related leads to law enforcement in 2018. Speaking to WTR, Alibaba Group's Matthew Bassiur reveals some of the company's ambitious future brand protection plans. Read more

16 May 2019

TrademarkNow launches SME offering as IP service providers look to bring trademark tools to the masses

TrademarkNow has released a new pay-per-search platform that promises to help SMEs with clearance search – demonstrating that it is no longer just the major corporations being targeted with paid trademark platforms. Read more

16 May 2019

What you need to know before the controversial Sky v Skykick case hits the CJEU

On Monday, the Court of Justice of the European Union holds a hearing in the closely followed Skykick case. We look at how this case could have a significant impact on trademark practice. Read more

Legal updates

17 May 2019

Supreme Court clarifies conditions for existence of legal interest in non-infringement action

In a dispute between wine and spirits producers Kantina and Adol, the Slovenian Supreme Court has set aside the first and second-instance decisions, which had rejected a non-infringement action filed by Kantina on formal grounds. Read more

17 May 2019

GLENFIDDICH v GLENFIELD: battle of the label trademarks

The UK Intellectual Property Office has issued a somewhat unexpected decision in a case involving an application for the label mark GLENFIELD by an India-based drinks company owner, which was opposed by Scotch whisky distiller William Grant & Sons. Read more

16 May 2019

Vested rights clause restores trademark to original applicant

In Sköld v Galderma Laboratories LP, the US Court of Appeals for the Third Circuit has addressed the issue of trademark ownership under since-terminated development and commercialisation agreements. Read more

16 May 2019

General Court reaffirms that new relative grounds for refusal cannot be raised after expiry of relevant period

In Lupu v EUIPO, the EU General Court has confirmed that, within the context of opposition proceedings, relative grounds for refusal cannot be raised after the expiry of the term prescribed by law. Read more

15 May 2019

European Union adopts new ‘.eu’ Regulation

The European Union has adopted Regulation 2019/517, known as the ‘.eu’ Regulation, which seeks to future-proof the regulatory framework and to promote the digital single market. Read more

Insight

14 May 2019

Procedures and strategies for anti-counterfeiting: Vietnam

As a part of its World Trade Organisation commitments and its commitments under other trade agreements, Vietnam has introduced a number of laws to better protect IP rights.  In theory, the applicable laws have the highest priority, followed by decrees and circulars. However, in practice, the competent authorities often give higher weight to decrees and circulars as they are usually the most detailed regulations. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: United States

Grey market goods do not qualify as counterfeit; therefore, distributors and sellers of grey market goods are not subject to criminal penalties. However, rights holders may have other claims against such distributors and sellers based on other intellectual property or contract laws. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: United Kingdom

While Border Force may seize items suspected of infringing an IP right (including counterfeit, infringing or pirated goods) ex officio, this is quite uncommon (rights holders would still need to submit an ex officio application for action to secure destruction). Border Force will usually seize only such items where a rights holder has a customs application for action in place. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: Ukraine

No laws or regulations deal specifically with counterfeiting in Ukraine. Thus, this type of infringement is dealt with under the Trademark Law. Although that statute contains no definition of ‘counterfeit goods’, the relevant civil and criminal laws contain blanket provisions referring to the Trademark Law, particularly the definition of ‘use of a trademark’. Read more

Events

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16-18 June
2019
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IPBC Global 2019

The leading gathering of global IP decision makers and thought-leaders returns to Boston! As the fourth industrial revolution gathers pace, IPBC Global’s 2019 programme explores the key IP issues this new era of change and innovation presents for corporate leaders, policy makers, investors, the legal profession and third-party service providers.

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