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“It’s going to make my life much better” – industry experts welcome SCOTUS licensing decision

The Supreme Court of the United States (SCOTUS) has ruled 8-1 in Mission Product Holdings v Tempnology LLC, with one legal expert telling WTR that the ruling helps to create a more stable trademark licensing market.

“It’s going to make my life much better” – industry experts welcome SCOTUS licensing decision
22 May 2019

“Consolidation is powerful” – no slowdown in takeovers expected in IP service providers sector

The non-legal trademark services industry has been the focus of increased investment and M&A activity in recent years. WTR spoke to a number of major players to ask whether they expected consolidation or collaboration to be the norm in future.

21 May 2019

WTR Industry Awards winners revealed as in-house excellence celebrated

We reveal the winners from this year’s WTR Industry Awards, with those honoured including the trademark teams from 7-Eleven, FIFA, HBO, Intel, MetLife, Netflix, Nintendo of America, The Scotch Whisky Association, Toyota Motor Corporation and Zoetis.

Featured

22 May
2019

Beiersdorf v Koni: passing off and a composite of get-ups

In Beiersdorf AG v Koni Multinational Brands (Pty) Ltd, the South African High Court has considered the use by one party of a get-up that was a composite of various get-ups used by another party. Read more

22 May
2019

Trump International loses High Court appeal

The High Court has upheld a decision of the UK Intellectual Property Office finding that the application for TRUMP TV, filed by ‘trademark troll’ Michael Gleissner in the name of Trump International Limited, had been made in bad faith. Read more

21 May
2019

INTA 2021 speculation, blockchain TLDs, ‘.sucks' new approach, and brand protection the Amazon way: INTA 2019 day three report

We’re over the halfway mark of the INTA Annual Meeting and the WTR editorial team have been running between sessions, meetings and receptions to bring you the latest stories and insights. Read more

Most reads

1

It’s time for the INTA 2019 Annual Meeting: WTR's unofficial guide to Boston

2

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

3

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

4

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

5

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

News

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20 May 2019

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. Read more

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. Read more

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. 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

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

21 May 2019

ILPTO upholds registration of former Soviet trademarks for sweets

The Israel Patent and Trademark Office has considered an interesting dispute concerning several marks registered in the name of two major Russian confectionery manufacturers for sweets from the Soviet era. Read more

21 May 2019

Smooth victory for Bega in peanut butter trade dress case against Kraft

A dispute between Bega Cheese and Kraft Foods in Australia has been resolved with the Federal Court awarding Bega the exclusive rights to use a distinctive yellow, red and blue packaging to market its peanut butter.  Read more

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

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

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
Latest

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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Research projects tracking the latest market trends for trademark professionals.

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