Analysis

Observatory paper highlights good practices for social media companies to consider in fight against fakes

A new discussion paper from the European Observatory on Infringements of Intellectual Property Rights has taken a deep dive into the challenges faced by IP owners, law enforcement authorities and tech companies in tackling infringement on social media.

Observatory paper highlights good practices for social media companies to consider in fight against fakes
Womble Bond Dickinson US shares best practices for workplace inclusion
16 Jun 2021

Womble Bond Dickinson US shares best practices for workplace inclusion

Womble Bond Dickinson (US) LLP’s Sarah Keefe and WBD Pride affinity group co-chairs Tara Cho and Kevin Hall share a number of best practices for building an inclusive work environment in an effort to make the legal profession a more equitable place for all.

“The lawful use requirement must go” – academic calls for USPTO to abolish policy
15 Jun 2021

“The lawful use requirement must go” – academic calls for USPTO to abolish policy

A groundbreaking new paper claims that the USPTO has “no mandate” to cancel or refuse trademark protection through its lawful use requirement, with the author calling for INTA to take up the cause.

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14 Jun 2021

“The Second Circuit got it right”: FTC decision reversed in trademark agreements dispute

The Second Circuit has reversed a Federal Trade Commission (FTC) decision which held that a series of trademark agreements between online contact lens company 1-800 Contacts and its competitors focusing on keyword advertising restrained competition. Read more

14 Jun 2021

Counterfeit hotspots in South Africa that brand owners must be aware of

In the latest instalment in our regular series on marketplaces around the globe that are reportedly notorious for being counterfeit havens, we head to South Africa. Read more

12 Jun 2021

Why the UK could be flooded with cheap imported branded products if post-Brexit exhaustion of rights regime is changed

In this week’s opinion piece, Lee Curtis and Rebecca Field from HGF explain why it is crucially important for brand owners to have their say as part of the UK government's post-Brexit exhaustion of IP rights consultation. Read more

11 Jun 2021

The Swiss register is stable and a fan favourite for foreign businesses, particularly those from the US

Switzerland’s economy is highly integrated in the global market, with trademark data revealing how the country is an important consideration for expanding brands. Read more

10 Jun 2021

Character brands, mascots and cancel culture: a step-by-step guide to creating, policing, licensing and retirement

The Long Read: Over the past 18 months a number of brands have retired controversial mascots and characters. BakerHostetler’s Robert (“Red”) BG Horowitz runs through the key considerations brand owners should bear in mind if mascots are to stay current, as well as best practice for how to shelve them while retaining control. Read more

9 Jun 2021

Communication, CSR and canny digital presence help Corona retain title of ‘most valuable beer brand’

The newly published Brand Finance Alcoholic Drinks 2021 report reveals that the total value of the world’s top 50 most valuable beer brands has declined by 16%, from $94.9 billion to $80.2 billion, over the past year. Read more

9 Jun 2021

ICANN responds to EFF concerns over Ethos Capital’s Donuts deal, pushes back on call to review DPML offerings

ICANN has responded to the EFF's concerns over Ethos Capital acquiring a controlling interest in Donuts and its call for the removal of Donuts’ voluntary IP protection mechanisms. Read more

8 Jun 2021

Call for reform as trademark survey formats criticised for suppressing crucial information

A new study criticises widely-used methodology used on trademark survey evidence, claiming it is prone to showing only “weakly-held mistaken beliefs”, and suggests changes to “reveal the true extent of consumer uncertainty”. Read more

7 Jun 2021

EU detentions tumble but value of seized goods unchanged as infringers shift product focus

Newly released data from the EUIPO reveals that detentions of IP-infringing goods at the EU border and within the EU market tumbled by over a fifth in 2019 – although the overall value of detained goods remained largely the same. Read more

7 Jun 2021

Combat, compete or cooperate? New Zealand kiwifruit co-operative looks to brand deal to tackle unauthorised plantings

New Zealand kiwifruit co-operative Zespri is asking growers to explore a deal to address unauthorised plantings in China. Read more

4 Jun 2021

Recent media tie-ups reveal value of IP in the streaming wars

Amazon will take on MGM’s portfolio, while WarnerMedia will be combined with Discovery. Both stand to gain the rights to famous content and brands. Read more

3 Jun 2021

Mass counterfeit litigation continues steep upward curve, but overall US trademark case filings slump to 10-year low

While trademark litigation filings at US federal district court level hit a 10-year low in 2020, mass counterfeiting cases have continued to spike. Read more

3 Jun 2021

USPTO disciplinary order brings hope of imminent crackdown on violations of attorney signature rules

The USPTO’s Office of Enrollment and Discipline (OED) has issued a scathing decision against a US registered attorney who allowed his signature to be used by a Chinese entity on thousands of trademark applications. Read more

3 Jun 2021

Top tips for enforcement success as big changes to China’s copyright regime come into force

The Long Read: Beijing Kangrui Law Firm’s Echo Xu takes a deep dive into the amended Copyright Law – which came into force earlier this week – and sets out key recommendations for rights holders doing business in China. Read more

2 Jun 2021

“The opposition is well funded and active”: inside the Buy Safe America Coalition’s INFORM Consumers advocacy work

Buy Safe America Coalition spokesperson Michael Hanson expands on the lobbying battle currently underway in DC over the INFORM Consumers Act. Read more

2 Jun 2021

“Good intentions have not been effective”: change comes from bold leadership, says Ballard Spahr chief diversity officer

Chief diversity officer Virginia Essandoh reveals how US firm Ballard Spahr has remained at the forefront of LGBTQIA+ equality in law firms and why leaders need to take concrete steps to address wider inequities in the industry. Read more

31 May 2021

EUIPO observatory study reveals cybersquatting trends and tactics

New data from the EUIPO’s European Observatory on Infringements of Intellectual Property Rights has uncovered the tactics used by cybersquatters and how these differ according to the industry in which the targeted brand operates. Read more

29 May 2021

The trademark workplace has changed and organisations must adapt or risk losing talent

In our latest Saturday opinion column, we explore what the newest WTR expert panel report reveals about the future of the trademark workplace – and why employees may have reached their breaking point. Read more

28 May 2021

Target goes all in on private labels and reaps the rewards

The US retailer’s in-house brands are major money makers, which means trademark protection is the number one priority. Read more

27 May 2021

Budget and infringement challenges are set to intensify, trademark leaders warn

Senior brand professionals in the corporate and law firm environment are bracing themselves for an uptick in infringement and an increasingly challenging brand protection environment, new data from WTR reveals. Read more

27 May 2021

How covid-19 has hit anti-counterfeiting in Africa and what brand owners can do to fight back

The Long Read: The pandemic and related effects of lockdown have had a big impact on the continent’s IP ecosystem. Vanessa Ferguson at Von Seidels runs through some of the most significant upheavals and sets out what rights holders should do to safeguard their brands. Read more

26 May 2021

Investment uncertainty and increasing workloads set to heap pressure on teams: exclusive data

Trademark industry leaders expect workloads to continue their upward trajectory over the coming months, but headcounts remain static and concerns over budgets persist, exclusive research from WTR reveals. Read more

25 May 2021

“Joy and tranquility” – former INAPI director reacts to Chile moving closer to Madrid Protocol in exclusive interview

In an exclusive interview with WTR, INAPI’s former director Maximiliano Santa Cruz shares his perspective on Chile taking a step closer to the Madrid Protocol and calls for the registry to incorporate copyright and plant varieties. Read more

25 May 2021

Why copyright may offer broader protection than well-known trademark status in Turkey

A recent decision illustrates the fact that the Turkish Patent and Trademark Office tends to be more protective towards copyright than well-known registered marks when it comes to opposing later marks covering different goods or services. Read more

24 May 2021

INTA and the IPC support RPM review phase one recommendations as UDRP focus looms

The recommendations now go to ICANN for adoption, with the review of the UDRP becoming the next battleground for rights holders. Read more

22 May 2021

Facebook releases new enforcement data as legislators ramp up pressure over platform liability

In our latest Saturday opinion column, we scrutinise Facebook’s latest Intellectual Property Transparency Report, which was published the day before legislators reintroduced the SHOP SAFE Act. Read more

21 May 2021

How China’s political disputes with trade partners impacted trademark filings, both at home and abroad

China is, and has been, embroiled in many disputes on the world stage, which has had knock-on effects on brand owners. Read more

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