WORLD TRADEMARK REVIEW Issue 2

CAFTA changes trademark regimes across Central America

While some argue that the inclusion of external
IP policy in US trade agreements puts added pressure
on negotiating nations, the fact remains that this
strategy works since it protects US interests and
benefits local economies. The agreement signed with
the Dominican Republic and Central American
countries is a case in point

José Roberto Romero and Marcela Mancía Dada

Features

Indian courts’ change of course is good news for trademark owners

With 1 billion potential consumers and a
well-established legal framework, India has long
been viewed as an important emerging market.
However, it is only since the judiciary shook off its
conservative approach in the past few years that
real progress has been made

The changing face of Aussie rules

The economic downturns that affected Europe and
the United States in the last decade have largely passed
Australia by. This has been good news for the country’s
trademark practitioners

ICI: leading the pack in trademark and brand management

With 80 years’ experience in protecting its intellectual
property, ICI is no slouch when it comes to looking
after its brands. Trademark counsel Paul Johnston
unfolds a tale of fast-paced product lines, emotive
markets and a very special dog…

It’s fun to stay at the INTA

Practitioners go because of the opportunities to
meet their clients or agents, network and update
their trademark education. But when it comes down
to it, what makes the INTA meeting so special and
successful is the people themselves

Down under, trademarks are on the up

With record levels of trademark applications, this is a
testing time for Australia’s national IP office – but
legislative, policy and technological innovation should
see IP Australia pass with flying colours

The end of the affair

The latest court decision in the dispute over the
APPLE mark and logo has thrown light on coexistence
agreements and the possibility of litigation between
parties, even when the parties had hoped to avoid
such disputes by entering into an agreement in
the first place

A survey of success

Proving actual dilution before the US courts is a tricky
proposition. Even the lower standard of likelihood of
dilution provided under the pending Federal
Trademark Dilution Revision Act will not guarantee
success if plaintiffs do not get to grips with the basic
principles of survey evidence

Columns

Trademark managementTranslating trademarks: speaking the local language

As more Asian economies open up and
brand owners start looking to Asia not
only for production but also for markets
for their products, it is increasingly
important for brand owners to
understand the interface that their
brand will have with the local language
and culture

Brands from the frontlineProtecting the unprotectable

When it comes to choosing a product
name, marketeers want something
sufficiently descriptive of the product
for consumers to make the connection,
while trademark practitioners want
something they can protect. Can these
expectations ever meet?

Counterfeiting perspectivesMixed messages cause confusion in the United Kingdom

Many people in the United Kingdom,
it seems, are not convinced that fighting
IP crime is a priority. Some of them may
be advising the government

The view onlinePhloundering phor remedies

False identification through the online
use of well-known trademarks is a
persistent, if not growing, problem.
Difficulties relating to detection,
jurisdiction and speed of occurrence
mean that, in some respects, the law is
ill equipped to deal with the problem

News

News

Roundtable

A European success story

It is 10 years since the Community trademark was launched. Since then,
it has helped transform European trademark practice. Experienced
practitioners from the United Kingdom, Germany, Poland and Italy
discuss the impact it has had