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

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WTR 27

October/November 2010

Publicity and image rights

  • Publicity and image rights

    Legislation on image rights is becoming increasingly necessary. With the rapid development of China’s
    market economy and the emergence of new
    forms of marketing models, there is a
    growing interest in new forms of property
    rights – image rights – to deal with the
    growing commercial value of celebrities’
    fame and identity.

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  • Publicity and image rights

    A number of legal protections are available for the protection of publicity and image rights.

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  • Publicity and image rights

    Those wishing to protect their image or name need to navigate trademark law, issues surrounding freedom of expression, the Privacy Protection Law and Unjust Enrichment Law.

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  • Publicity and image rights

    While national jurisprudence defends the nature of the image right as a personality right with important patrimonial value, economic exploitation can arise from the broad scope for negotiation in comparison to other personality rights.

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  • Publicity and image rights

    In Canada, personality rights enjoy common
    law and statutory protection, stemming
    from an individual’s publicity rights (which
    are proprietary in nature) and the right to
    privacy (a personal interest). In terms of
    common law protection, the tort of
    misappropriation of personality is available
    to individuals (outside Quebec) who have
    suffered economic injury as a result of the
    violation of their publicity rights.

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  • Publicity and image rights

    The forthcoming Civil Code will dramatically impact on image rights protection. The protection of image rights was first
    acknowledged in Romania in the 1991
    Constitution, but only as a general and
    indirect principle (as a limit to the freedom
    of expression).

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  • Publicity and image rights

    Although publicity and image rights might
    appear to have most in common with
    copyright, of all IP rights, this is not in fact the
    case. Copyright concerns property, whereas
    publicity rights concern privacy.
    The use of images may or may not be
    commercial – commercial use comes to mind
    when the image of a famous person is used.

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  • Publicity and image rights

    Image rights are fundamental rights enshrined in the Spanish Constitution, yet a number of factors hamper effective judicial protection.

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  • Publicity and image rights

    Italian law provides strong protection for personal names and portraits as trademarks. The relationship between image protection and trademarks is defined by the few articles in the Industrial Property Code that deal specifically with images and personal names in relation to trademarks.

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  • Publicity and image rights

    The need for the Indian legislature to recognise publicity and image rights in a statutory manner has never been greater. Celebrities increasingly seek to protect their
    publicity and image rights due to the rising
    commercial value of their fame and
    identity.

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WTR 26

August/September 2010

Design and trade dress

  • Design and trade dress

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

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  • 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.

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  • 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.

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  • 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.

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  • Design and trade dress

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

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • Design and trade dress

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

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WTR 25

June/July 2010

Domain name management

  • Domain name management

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

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  • 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.

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  • 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.

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  • Domain name management

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

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  • 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.

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  • 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.

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  • Domain name management

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

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  • Domain name management

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

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  • 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.

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  • 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.

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WTR 24

April/May 2010

Anti-counterfeiting

  • Anti-counterfeiting

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

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  • 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.

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  • 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.

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  • Anti-counterfeiting

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

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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’.

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  • Anti-counterfeiting

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

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