Fleet Feet’s court victory against Nike highlights challenges in using and protecting slogan marks

A ruling centred on Nike’s use of the ‘Sport Changes Everything’ slogan highlights the conundrum over when and where to seek registered protection for slogans, and the different approaches adopted by IP offices to ad campaign slogans.

Fleet Feet’s court victory against Nike highlights challenges in using and protecting slogan marks
6 Dec 2019

Turkey implements plain packaging, Trump trademark spike, and INTA awareness call: news digest

In our latest edition, we look at the resolution of a trademark dispute between the Ramone family, brand loyalty rising, a vegan butcher taking on Nestlé at the USPTO, and much more.

6 Dec 2019

Final few days to nominate the industry’s leading lights for recognition in the WTR 300

The nominations window for the WTR Industry Awards 2020 and next edition of WTR 300 closes on Monday, so don't miss out on having your say.

Featured

6 Dec
2019

Brand-backed legislation seeks to add new anti-counterfeiting weapon to US Customs and Border Protection’s armoury 

Bipartisan legislation to authorise US Customs and Border Protection to seize imported merchandise that infringes a design patent has been introduced by four US senators. Read more

6 Dec
2019

Alibaba's DOUBLE 11 trademark: JD.com sues China's IP authority

JD.com is suing the China National IP Agency following the invalidation of five DOUBLE 11 marks. Alibaba, the third party in this case, argues that DOUBLE 11 – a reference to Singles’ Day in China – was created and used by the company as a trademark.   Read more

6 Dec
2019

Providence Island black crab protected as denomination of origin

The black crab of the Island of Providence has been granted protection as a denomination of origin by a decision of the Superintendence of Industry and Commerce. It is the first time that a product of the Colombian archipelago of San Andrés, Providence and Santa Catalina has received such protection.  Read more

News

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5 Dec 2019

A glimpse into the future: the brand protection trends set to shape 2020

Next week, WTR will be hosting a free-to-access webinar, which will explore the trends that are expected to affect the e-commerce and IP landscape in 2020 and identify the key emerging online platforms that are set to disrupt the brand protection space. Read more

4 Dec 2019

How firms could benefit from a combination of formal and informal mentoring practices

While the value of mentoring is undisputed, it can take many forms, some of which are more fruitful than others. We asked one law firm to provide an inside look at the creation of its mentoring programme and, crucially, how it measures success. Read more

3 Dec 2019

A bold new era for TMview; improving the world’s largest free trademark search engine

In an exclusive guest post, the team behind the EUIPO’s flagship platform share tips on making the most of TMview’s new features – and call for practitioners to give their feedback to ensure that it meets the needs of the trademark community. Read more

3 Dec 2019

WeChat is the world’s fastest growing brand, origin of the Tesla trademark, and cops swoop on fakes: news digest

In our latest round-up, we look at Honeywell launching an anti-counterfeiting app, guidance for small and medium-sized entities on fighting parasitic brands, the EUIPO releasing new image recognition technology, and much more. Read more

Analysis

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5 Dec 2019

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

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

4 Dec 2019

The dominance of Class 9: is it time for a radical overhaul of the Nice Classification system?

A detailed look at how the use of Class 9 continues to dominate at trademark offices across the globe highlights why there needs to be significant changes to the Nice trademark classification system to meet the challenges of the modern world. Read more

3 Dec 2019

Counterfeit hotspots in Kenya that brand owners should be aware of

In the latest edition of our regular series on marketplaces around the world that are reportedly notorious for the trade of counterfeit goods, we head to the African nation of Kenya. Read more

2 Dec 2019

Research reveals impact of counterfeits on UK economy amid call for increased collaboration

An OECD study has revealed the growing problem of counterfeiting in the UK.  One OECD economist told WTR that, in light of the findings, it is important for rights holders and customs to work more closely together.  Read more

Legal updates

5 Dec 2019

Exhaustion of trademark rights: Barcelona Court of Appeal rules in Schweppes case

The Barcelona Court of Appeal has held that Red Paralela had infringed Schweppes' Spanish SCHWEPPES marks by importing and commercialising Schweppes-branded tonics in Spain which had been manufactured in the United Kingdom by Coca-Cola, the owner of the UK SCHWEPPES marks. Read more

5 Dec 2019

General Court finds that “coffee products” are similar to edible items in Class 30

The EU General Court has confirmed that there was a likelihood of confusion between the mark HAPPY MORENO CHOCO and Aldi’s earlier MORENO mark for Class 30 goods. Read more

4 Dec 2019

Delhi High Court declares that PULSE is a well-known mark   

In Dharampal Satyapal Sons Pvt Ltd v Singhal, the Delhi High Court has permanently restrained the defendants from using the mark PLUSS for sweets and declared that the plaintiff’s mark PULSE was well known under Sections 11(6) and (7) of the Trademarks Act. Read more

4 Dec 2019

Radiator grilles: Audi remains the lord of the four rings

The German Federal Court of Justice has held that an independent seller of spare parts had infringed Audi’s famous figurative mark by offering and selling radiator grilles featuring a mounting fixture in the shape of four rings. Read more

3 Dec 2019

No shelter for wilful infringement of distributor’s trademarks

While it is rare for an appellate court to find that a district court abused its discretion in denying attorneys’ fees under 15 USC § 1117(a), that is what happened in 4SEMO.com Inc v Southern Illinois Storm Shelters Inc. 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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