30
Jun
2020
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USPTO heads into uncharted waters
While trademark applications at the US Patent and Trademark Office continue to rise, a new administration and the unexpected resignation of Director Michelle Lee have raised questions as to how its future looks
Tim LinceWTR Industry Awards 2017
On May 23 2017 World Trademark Review announced the winners of the 11th WTR Industry Awards at an exclusive ceremony at the Museum of Contemporary Arts in Barcelona. The awards are designed to recognise the vital work carried out by in-house trademark counsel and identify the teams and individuals that are performing their functions to the highest possible standards. In the following articles we speak to the winners and explain why they were judged to be the leading examples of industry best practice.
The social perspective
The global user base of social networks continues to grow, and so too does the need for robust IP enforcement online. We asked leading platforms to advise on how brand owners can get the most out of their IP rights tools
The growing world of ‘.brands’
Five years on from the introduction of new generic top-level domains, more and more ‘.brands’ are going live, giving potential applicants the opportunity to assess their current deployment
Notorious markets: where to police
In the second of a two-part series, we profile markets which were omitted from the Office of the US Trade Representative’s Notorious Markets List, but which brand owners should have on their radars. This issue, we turn our attention to Asia and Africa
Trademark licensing: a best practice guide
While licensing offers a range of benefits to brand owners, there are numerous pitfalls to avoid. From partner selection to terminations, licensors must take care to ensure that their extensions are win-wins rather than costly missteps
The risks of personal branding
Recent changes to EU trademark law have made it easier to take action against infringing trade names. But how should companies approach situations in which the alleged infringer is an individual trading under his or her own name?
Global discovery: an international comparison
Disclosure is often one of the first steps in any IP dispute, yet the rules across different jurisdictions can be confusing, as a comparison of the regimes in England and Wales, France and the United States demonstrates
Varsity Brands opens the door to increased litigation
In Varsity Brands v Star Athletica the US Supreme Court both provided answers and raised more questions surrounding design-related copyright
The rise of trademark trolls
Much has been written about the rise of so-called ‘patent trolls’, but a similar phenomenon arguably exists in the trademark world. For brand professionals, the key to counteracting this threat is careful strategising from the outset
Perspectives
Trademark-related quotes, opinions and observations from around the globe
Italy: Italy’s robust image rights regime
Italian law establishes a robust and far-sighted legal regime for the protection of image rights – which are viewed as an aspect of privacy and thus a fundamental human right
Russia: Russia provides up-to-date protection for image rights
Image rights are designed to protect a person’s appearance and ensure privacy. Although they are similar to IP rights, they are in fact regulated by different rules
India: It’s all in the name
Modern technology raises a number of issues surrounding celebrities’ online publicity rights. Without relevant legislation, jurisprudence has evolved through various court decisions
United States: Copyright is a different ball game when it comes to athletes’ photos
The appeal court opinion in Maloney v T3 Media highlights the limitations on publicity rights when claims are pre-empted under the US Copyright Act
Germany: Case-by-case approach to image rights
In Germany, admissibility of the publication of images rests on the facts of the case. Recent Federal Court of Justice case law could offer guidance on the extent of the right to control one’s own image
Mexico: Constitution provides solid basis for image rights regime
Publicity and image rights in Mexico are protected through different legal statutes, all based on the constitutional rights to privacy, freedom of speech and expression
Pharmaceutical brands in the Americas: practical strategies for a fast-moving sector
Experts from Canada, the United States and Venezuela discuss cutting-edge strategies for the creation, protection and exploitation of brands in the pharmaceutical industry
