WORLD TRADEMARK REVIEW Issue 19

WTR’s exclusive Global Trademark Survey is a
groundbreaking attempt to calibrate the true
impact of the financial crisis on trademark
professionals worldwide. The results serve as a
warning that today’s challenging market looks
set to become even tougher

While all business models are likely to suffer in
times of recession, the franchising model is predicted
to fare better than most in terms of growth. Other
immediate benefits make it an option brand owners
should consider

In early 2008 the São Paulo State Court of Appeals
issued the first decision in Brazil extending the
principle of landlord, or in this case administrator,
liability to counterfeiting cases

A decision of the Second Circuit issued in early
2008 seems to confirm that the famous mark
doctrine does not apply in the United States – to
the dismay of many non-US brand owners

Although registered Community design rights were
introduced over six years ago, many important
issues remain unresolved. However, an analysis of
the 400 decisions issued by OHIM’s Invalidity
Division provides some useful guidelines

The Intel decision issued by the ECJ at the end
of 2008 puts a limit on the protection of
superbrands against the use of similar marks
on unrelated products or services. Some argue
that this may not be such a bad thing

The Russian legal system’s treatment of parallel
imports continues to have a major impact on some
Russian industries, particularly the automotive sector.
This article looks at the latest case law on the matter

The WTR Industry Awards 2009, which will
be presented at a ceremony in Seattle timed
to coincide with the 131st INTA annual
meeting, honour leading trademark teams
across a range of industry sectors. WTR
speaks to some of the nominees

Halting the flow of counterfeits into India was never
going to be easy. Two years after the introduction of
new regulations to combat the problem, the
government has a new headache: mark owners who
say the regime is failing

The dispute over the WAHAHA mark between French
food giant Danone and a Chinese company was in the
headlines throughout 2007, but eventually came to a
head in 2008, when a Chinese court effectively put an
end to the dispute

Brand owners need to be ready to enforce their rights
anywhere in the world through all available means,
including alternatives to trademark remedies. Using
a fictional narrative, tracing distribution of
counterfeits from China to the United States and
Europe, via Dubai, IP experts provide tips on how to
tackle the problem in each jurisdiction

Despite fierce criticism from IP rights owners, a new
bill, which is set to come into force in the near future,
will significantly water down India's criminal
enforcement system

In the three years since WTR’s last Canada focus, a
number of significant changes have been made to
trademark law and practice. However, some argue
that the rate of progress in key areas is far too slow

In reaction to brand owners’ concerns
about the consequences of opening the
Internet to new gTLDs, ICANN has delayed
the launch date and created a team
charged with improving trademark
protection mechanisms

As the content of the Anti-counterfeiting
Trade Agreement continues to be known
mainly through leaked documents,
disagreement is mounting over the lack of
transparency and the value of releasing the
current draft text to assuage public mistrust

The US Patent and Trademark Office’s
clamp down on fraud continues to make
waves. New guidance from the Trademark
Trial and Appeal Board will come as some
comfort to brand owners

The fees for registering a
Community trademark (CTM)
were reduced on May 1.

A US appeals court has dealt a
blow to Google’s controversial
AdWords system by overturning
an earlier dismissal of a
trademark infringement lawsuit
brought against the search engine
by computer breakdown support
company Rescuecom Corp.

China’s Supreme People’s Court
has issued a set of guidelines
with which to interpret the
country’s notoriously complex
National IP Strategy.

A specialist IP court has handed
luxury goods manufacturer
Hermès International the
highest amount of damages
ever awarded in a trademark
infringement case in Taiwan.