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 26

August/September 2010

Design and trade dress

Issue #26
  • Design and trade dress

    A combination of trademark and design registration is necessary to ensure that products and their packaging obtain the maximum protection in Israel. read more

  • Design and trade dress

    This year saw judgment in one of the first cases dealing with the collision of industrial design rights and 3D trademarks. read more

  • Design and trade dress

    Different approaches are available for protecting design and trade dress, depending on how established the product is in the Chinese market. read more

  • Design and trade dress

    While there is extensive case law protecting trade dress under the Unfair Competition Law, protection under trademark or industrial design law should be sought where possible. read more

  • Design and trade dress

    Whether obtaining protection for 3D trademarks and designs or utilizing unfair competition laws, a range of protections are available to mark owners in Italy. read more

  • Design and trade dress

    With no specific legal concept of trade dress, brand owners must choose from a range of legal protections on a case-by-case basis. read more

  • Design and trade dress

    While there is no legal definition of ‘trade dress’ in Spain, protection can still be obtained through other legal avenues. read more

  • Design and trade dress

    An understanding of the relationship between trademark and design law is essential to protecting trade dress in India. read more

  • Design and trade dress

    A mixture of trademark and industrial design protection schemes can provide immediate protection for trade dress. read more

  • Design and trade dress

    The lack of any specific protection for trade dress makes the accumulation of protection through different types of IP right crucial. read more

Issue 25

June/July 2010

Domain name management

Issue #25
  • Domain name management

    A number of issues are raised by the registration of ‘.it’ domain names, but these need to be overcome as ownership of domain names is crucial to obtain IP rights that can be defended against third parties. read more

  • Domain name management

    It is not normally feasible to register all possible domain name variations to protect your trademark, so brand owners need to carefully consider their selection methodology. read more

  • Domain name management

    The management of a well-structured domain name portfolio is at the heart of successful trademark protection and, crucially, will help to prevent costly actions later. read more

  • Domain name management

    With the ‘.рф’ domain extension approved, it is important that trademark owners plan registrations now, or risk costly enforcement action later. read more

  • Domain name management

    Use of a ‘.ca’ domain is often expected by Canadian consumers, but there are obstacles to registration and cybersquatting remains an issue. read more

  • Domain name management

    The time has come for brand owners to fight back against online infringement. read more

  • Domain name management

    There are a number of obstacles for foreign companies to overcome when registering a ‘.br’ domain name. read more

  • Domain name management

    While the Romanian domain name registry has assumed less responsibility than similar bodies in other jurisdictions, brand owners have a number of legal tools to protect their interests online. read more

  • Domain name management

    The IL-DRP plays a significant role in the resolution of domain name disputes through out-of-court proceedings. However, the source of its legal authority and the binding force of its decisions are uncertain. read more

  • Domain name management

    With more companies doing business in India, ‘.in’ domain names are coming under increasing demand. read more

Issue 24

April/May 2010

Anti-counterfeiting

Issue #24
  • Anti-counterfeiting

    In the face of increased levels of counterfeiting, Romanian law provides a range of important protections for brand owners. read more

  • Anti-counterfeiting

    Although the country lacks both a centralized IP rights database and a standard procedure for border seizures, a range of anti-counterfeiting measures are available in Brazil. read more

  • Anti-counterfeiting

    The Spanish spend an average of €285 million on counterfeit goods. While this poses a challenge to trademark owners, protections are available through both Customs and the courts. read more

  • Anti-counterfeiting

    With Italy’s policing bodies boasting internal departments to investigate IP infringement, and a range of actions possible, the country is well-geared to tackle the counterfeiting threat. However, brand owners must also ensure they police the threat themselves. read more

  • Anti-counterfeiting

    Over the last few years, both Customs and the courts have become more proactive in the fight against fake goods, with the new Industrial Property Code set to provide further clarification on the extent of IP rights. read more

  • Anti-counterfeiting

    A number of recent cases highlight the anti-counterfeit protections brand owners can draw on. read more

  • Anti-counterfeiting

    While few counterfeit goods actually originate in Russia, brand owners need to be aware of the protections in place to guard against the impact of infringements. read more

  • Anti-counterfeiting

    Like the manager of a professional sports team, trademark owners bear the pain and glory for their teams’ success and failures. However, China’s trademark laws and enforcement methods can help you turn that ‘L’ into a ‘W’. read more

  • Anti-counterfeiting

    Despite a lack of specific remedies for counterfeiting in Canada, there are still options for brand owners. read more

  • Anti-counterfeiting

    There are a number of enforcement procedures open to brand owners to enforce their rights, but the selection process is critical to success. read more

Issue 23

February/March 2010

Well-known and famous marks

Issue #23
  • Well-known and famous marks

    There is a long tradition of protection for well-known marks in Israel, but trademark owners need to ensure that they are fully exploiting the advantages of the system. read more

  • Well-known and famous marks

    While legislation does recognize marks which have gained fame, the concept is not defined or explained in the law or governing rules. read more

  • Well-known and famous marks

    China has gradually enhanced the protection of well-known marks, but brand owners need to ensure that they file for recognition when entering into legal action. read more

  • Well-known and famous marks

    A recent marketing campaign highlights some of the intricacies inherent in Mexico’s trademark legislation. read more

  • Well-known and famous marks

    Well-known trademarks in Norway are protected under the Trademarks Act and, to some degree, the Marketing Act, which requires traders to follow good business practice in their transactions with each other. read more

  • Well-known and famous marks

    The framework of protection for well-known and famous trademarks stems from existing Benelux legislation. Recent decisions suggest that this system, as transposed into EU legislation and elaborated by further case law, gives famous and well-known trademarks even greater protection than before. read more

  • Well-known and famous marks

    While the courts are applying statutory provisions that afford protection to well-known marks, the lack of guidance on the evidence required to prove that a mark is well known means that brand owners need to rely on judicial precedents in their actions. read more

  • Well-known and famous marks

    While courts take account of the fame of a mark when assessing the likelihood of confusion, all the surrounding circumstances are considered – including evidence of consumer confusion and the connection between the goods and services of the interested parties. read more

  • Well-known and famous marks

    The protection of well-known and famous marks has long been disputed under Russian law, with the process for registering a mark as well known challenging for brand owners. read more

  • Well-known and famous marks

    While Italian legislation does not define what constitutes a well-known mark, their treatment as marks that ‘enjoy a reputation’ means that they enjoy wide protection. read more

  • Well-known and famous marks

    In Denmark, it is recognized that well-known or famous marks require protection which is broader than merely direct competition. However, to enjoy extended protection, documentation must be submitted which confirms that the relevant consumers have a general and broad knowledge of the mark. read more

  • Well-known and famous marks

    The scope of traditional trademark protection is expanding with the recognition of well-known marks and marks with a reputation. Despite there being no legal definitions of these concepts, Portuguese doctrine and jurisprudence are working towards solutions which will enable owners of such marks to defend their rights. read more

  • Well-known and famous marks

    Famous and well-known marks are afforded extensive protection in Spain, but while ‘well-known’ and ‘reputation’ denote distinct legal concepts, English-speaking practitioners who are familiar with the Community trademark system need to be careful they are not misled by the Spanish terms for such marks. read more

  • Well-known and famous marks

    A recent decision has affirmed the principle that famous marks which receive recognition as highly reputed marks following the BPTO procedure deserve protection in all fields of activity, regardless of the possibility of confusion. read more