Country Correspondent

Our Country Correspondents, leading firms from countries across the globe, take a detailed look at specific topics affecting trademark owners.

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Issue 38

August/September 2012

Design and trade dress

Issue #38
  • Design and trade dress

    Businesses should consider all relevant protection available in the United Kingdom. Although unregistered rights are immediately available and incur no upfront cost, registered rights are more straightforward to establish and enforce read more

  • Design and trade dress

    While there is currently no statute on trade dress in Poland, there are legal tools available to brand owners to protect their intellectual property read more

  • Design and trade dress

    Mexican legislation does not prohibit the accumulation of rights; thus, a rights holder should seek to protect all elements contained in its trade dress in order to cover as much as possible read more

  • Design and trade dress

    Design patents, trade dress and copyrights each have different requirements, resulting in the need for a multi-faceted approach read more

  • Design and trade dress

    In the absence of specific trade dress legislation, a number of protections are available to protect a product’s visual appearance read more

  • Design and trade dress

    Obtaining the most comprehensive protection for designs and trade dress in Canada often requires a coordinated strategy that relies on trademark, copyright and design protection read more

  • Design and trade dress

    Although registrations alone cannot guarantee 100% protection against parasitic copying, combining registration with the Unfair Competition Law and the Copyright Law could safeguard a brand owner’s rights read more

  • Design and trade dress

    Current legislation in China is generally sufficient to protect trade dress, but improvements are needed to clarify the scope of protection afforded to shapes and appearance read more

  • Design and trade dress

    The importance of trade dress has been reinforced by judicial precedents which have made clear that products are purchased not just by reference to brand names, but also to their overall presentation read more

  • Design and trade dress

    Not all Italian courts take the same approach towards the lookalike phenomenon or trade dress in general read more

Issue 37

June/July 2012

Domain name management

Issue #37
  • Domain name management

    Important changes to ‘.ca’ dispute resolution policy make it more accessible to trademark owners read more

  • Domain name management

    In the ever-expanding online world, brand owners need to be ready to fight infringement at the top and second levels read more

  • Domain name management

    With the advent of new gTLDS, brand owners need to create a multi-faceted domain name management strategy read more

  • Domain name management

    The United Kingdom is one of the most cost-effective jurisdictions in which to deal with domain name abuses read more

  • Domain name management

    A range of national domains are available in Russia, with disputes between IP owners and domain name administrators played out in the courts read more

  • Domain name management

    While the Romanian Top-Level Domain Authority oversees the country’s domains, brand owners should consider whether to utilise its dispute resolution procedures or utilise other methods read more

  • Domain name management

    Faced with a range of domain name variations, brand owners doing business in China need to carefully consider their selection methodology read more

  • Domain name management

    Preparing for the impact of new gTLDs on domain name management in the United States read more

  • Domain name management

    In addition to a clear ‘.in’ Domain Dispute Resolution Policy, the courts have laid down some consistent guidelines for the treatment of domain name disputes read more

  • Domain name management

    In creating a domain name strategy, brand owners need to ensure they are taking a national and international perspective read more

Issue 36

April/May 2012

Anti-counterfeiting

Issue #36
  • Anti-counterfeiting

    It is important that rights holders demonstrate their commitment to working with Customs, in a bid to maximise the effectiveness of the rights protection mechanisms at their disposal read more

  • Anti-counterfeiting

    There are a number of tools available for curbing the availability of counterfeit goods, with the International Trade Commission and US Customs and Border Protection key allies in the fight read more

  • Anti-counterfeiting

    In the United Kingdom, a prompt and streamlined procedure is necessary to ensure that counterfeit goods can be efficiently destroyed while complying with the existing regime read more

  • Anti-counterfeiting

    Russian law enforcement has stepped up its efforts to fight counterfeiting over the past few years, with trademark owners able to draw on a range of enforcement options read more

  • Anti-counterfeiting

    In Canada, there is generally no customs enforcement of IP rights and customs officials have traditionally seen their role as simply collecting the relevant duties. However, options are available to stem the flow of counterfeits read more

  • Anti-counterfeiting

    While more could be done, India has a robust legal framework for combating counterfeiting and piracy. For brand owners, the key is creating a carefully thought-out strategy to operate within this framework read more

  • Anti-counterfeiting

    Specialist IP panels have been created in Bucharest and have developed solid case law, as they have exclusive jurisdiction over all trademark cancellation and revocation cases. Choosing the right forum can therefore be crucial read more

  • Anti-counterfeiting

    In China, brand owners can draw on a range of enforcement options to fight against counterfeiting – both in the physical world and online read more

  • Anti-counterfeiting

    The tools being implemented by Italian Customs are having a significant impact, both in fighting piracy and in public administration relations read more

Issue 35

February/March 2012

Well-known and famous marks

Issue #35
  • Well-known and famous marks

    Canada requires a case-by-case determination of fame within the context of an infringement proceeding or opposition. Where fame is established, relief is available read more

  • Well-known and famous marks

    US law does not recognise a separate doctrine or category of ‘famous marks’, but owners of well-known marks do receive important, strategic benefits in the United States read more

  • Well-known and famous marks

    While the draft third amendments to the Trademark Law – which are likely to impact on the treatment of wellknown marks – are being reviewed, practitioners should follow existing practice read more

  • Well-known and famous marks

    Given existing jurisprudence, the protection offered to trademarks with a reputation is unquestionably high in Italy read more

  • Well-known and famous marks

    Germany has long evaluated the scope of protection for well-known and famous marks, with jurisprudence characterised by a steady enhancement and strengthening of protecti on read more

  • Well-known and famous marks

    While protection for well-known marks is in place, there are some contradictions in the treatment of fame read more

  • Well-known and famous marks

    There is a growing interest in establishing the fame of a mark in Russia, but brand owners need to ensure that they comply with established processes read more

  • Well-known and famous marks

    Evidencing renown in Poland is not always an easy task, but preparation of the right evidentiary materials goes a long way towards achieving protection for trademarks which have been built up over time read more

  • Well-known and famous marks

    In the United Kingdom, the question of reputation is significant for trademark owners. The ability to accumulate evidence of a mark’s reputation will significantly extend the proprietor’s exclusivity in its mark, negating the requirement to demonstrate directly a likelihood of confusion read more

  • Well-known and famous marks

    Obtaining a declaration of fame provides the trademark holder with the certainty that the Mexican authorities will not register an identical or confusingly similar trademark for similar goods and services read more

  • Well-known and famous marks

    The growth of India’s middle-class population has increased demand for branded goods. As a result, provisions on well-known marks have been developed to protect not the interests only of brand owners, but also of the general public read more