Uber’s loss of its London license a reminder of the importance of brand reputation: data analysis

Safety is the most critical component of brand building in the ride-hailing app environment, but hinging success on such a volatile factor could be risky

Uber’s loss of its London license a reminder of the importance of brand reputation: data analysis
13 Dec 2019

“Europe is not yet prepared” – reaction as Cannabis mark ruled unregistrable by EU court 

The General Court of the European Union has ruled against a trademark due to its implied links to illegal narcotics. Industry experts give their reaction.

13 Dec 2019

Nestlé ice cream brand sale, Somalia registry resumes, and IP issues of Greta Thunberg: news digest

In our latest round-up, we look at Swiss IP court data being released, Brand Finance getting certified, Fred putting its intellectual property up for sale, the Austrian IPO launching some new online services, and much more.

Featured

13 Dec
2019

Boris, Brexit and brands – what the UK election result means for trademark owners

The Conservative Party has landed a significant victory in the UK general election, with a majority that essentially confirms that Brexit will occur at the end of January 2020. The result could have significant implications for IP owners. Read more

13 Dec
2019

UDRP: do not gamble on refiling

A UDRP decision concerning the domain names ‘casinoseminole.com’, ‘seminolecasino.com’ and ‘seminolegaming.com’ sheds light on the complicated matter of refiling, especially in cases of an apparent transfer of control. Read more

13 Dec
2019

General Court confirms similarity of BILLA and BILLABONG marks

In a victory for the owner of the BILLABONG mark, the EU General Court has confirmed that there was a likelihood of confusion between the marks BILLA and BILLABONG with regard to certain goods and services. Read more

News

View all
12 Dec 2019

Ongoing Chanel case provides limited clarity on use of third-party marks in hashtags

US case law indicates that there are few situations in which use of a third-party mark in a hashtag is permissible. An ongoing dispute between Chanel Inc and local New York retailer WGACA LLC is a reminder that those looking to advertise on social media must tread carefully. Read more

12 Dec 2019

Going undercover – tips for monitoring the Central Asia counterfeiting market

As the most developed region in Central Asia, Kazakhstan serves as a transit point for counterfeit goods that are produced in China and trafficked to Russia and then Europe. However, there are legal measures that brand owners can take while awaiting improvements to the existing IP legislation. Read more

11 Dec 2019

Trademark sales, infringement through food apps and a spotlight on WeChat: Brand Strategy China takeaways

Last week, WTR hosted the fourth annual Brand Strategy China in Shanghai. The event saw domestic and international brand owners, as well as representatives from associations, online platforms and government agencies. We present some of the key takeaways from a busy day of discussions.  Read more

10 Dec 2019

Frozen 2 versus Christian Louboutin: could Anna’s red-soled shoes lead to a trademark dispute?

In Disney's Frozen 2, main character Anna is seen wearing red-bottomed boots, with some claiming a similarity to the iconic footwear of fashion brand Christian Louboutin. We speak with IP experts on the issues potentially at play. Read more

Analysis

View all
12 Dec 2019

Meme theft: how legal should engage with social media marketing to handle repost crises

Social media marketing departments are reposting UGC on their own sites often with little or no credit to the original creator, which should ring alarm bells for trademark counsel. Read more

12 Dec 2019

Five counterfeit hotspots in Poland that brand owners must be aware of

In the next edition of our series on markets around the world that reportedly engage in the sale of fake goods, we head to Poland. Read more

11 Dec 2019

As Congress investigates USPTO trademark fraud, research finds suspicious specimens continue

A new investigation from WTR finds that the problem of suspicious specimens persists – with legal representatives providing eye-opening accounts of the challenge faced by both IP practitioners and examining attorneys. Read more

11 Dec 2019

USMCA given green light; significant GI changes now a step closer to reality

The Canadian, Mexican and US governments have signed an amended version of the USMCA, meaning that ratification is a significant step closer – with the deal highlighting what IP concessions the Trump Administration will expect in future trade deals. Read more

Legal updates

12 Dec 2019

Supreme Court: payments attributed to brand compliance guidance must be added to goods’ value for import duty purposes

In a case of first impression, the Israeli Supreme Court has held that royalties paid by licensees and distributors with respect to the marketing of goods bearing well-known fashion trademarks were deemed part of the goods’ value for customs purposes. Read more

12 Dec 2019

General Court provides guidance on use of mark in form differing in elements which do not alter its distinctive character

In KA Schmersal Holding GmbH & Co KG v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between the mark TEC.NICUM and the earlier mark TECNIUM for services in Class 42. Read more

11 Dec 2019

Federal Administrative Court confirms that figurative mark containing the word ‘Paris’ is deceptive

In a blow to German supermarket chain Lidl, the Swiss Federal Administrative Court has confirmed that the figurative mark ESMARA SEE YOU IN PARIS was deceptive. Read more

11 Dec 2019

DERMOFAES v DERMOWAS: the role of weakly distinctive elements and the public’s level of attention in assessing likelihood of confusion

The EU General Court has confirmed that there is no likelihood of confusion between the mark DERMOFAES ATOPIMED in Classes 1, 3 and 5, and the earlier word mark DERMOWAS in Classes 3 and 5. Read more

10 Dec 2019

Domain name registration justified by prior business relationship

A recent decision concerning the domain name ‘hawkeco.com’ under the UDRP shows that trademark owners should contractually exclude any ambiguity as to their implicit consent for a third party to register a domain name incorporating their trademark. 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

View all
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.

3 March
2020
Latest

Managing Trademark Assets USA 2020

In its fifth year, WTR’s Managing Trademark Assets USA returns to Chicago, playing host to senior trademark experts as they look to explore solutions to the significant challenges and risks faced as portfolios grow in strength and visibility.

4 March
2020
Latest

Brand Protection Online USA 2020

Returning to Chicago after a sell-out inaugural event in 2019, WTR’s Brand Protection Online will play host to senior experts from the world’s leading brands and 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.

Thought leadership

World Trademark Review offers an extensive range of special reports.

Why subscribe?

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