Analysis

A new dawn for grocery stores: how major brands are changing to counter low-cost rivals

The departure of Tesco’s CEO signifies the retailer’s successful turnaround, but this is just the beginning as long-time players overhaul businesses to stay in the game

A new dawn for grocery stores: how major brands are changing to counter low-cost rivals
17 Oct 2019

Counterfeit hotspots in Ethiopia that brand owners should be aware of

In the 20th instalment in our series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Ethiopia.

17 Oct 2019

UK government steps up efforts to encourage IP-backed lending, but challenges must be overcome

Inngot has announced it is staffing up following two research project commissions from UK government organisations related to the stimulation of IP-backed lending. We look at the challenges ahead.

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18 Oct 2019

Angular lines of Zhejiang scooter distinguish design from classic Vespa LX scooter

The EU General Court has dismissed an appeal by Piaggio, the manufacturer of the Vespa LX scooter, which had applied for a declaration of invalidity of Zhejiang Zhongneng Industry Group's registered Community design for its scooter. Read more

18 Oct 2019

Brazil’s accession to the Madrid Protocol – what you need to know

Following the coming into force of the Madrid Protocol in Brazil on 2 October 2019, this update reviews the key aspects that foreign legal entities and individuals seeking to file applications designating Brazil should take into consideration. Read more

17 Oct 2019

Patent and Trademark Office issues new guidelines for examination of trademark applications

Following the entry into force of the Industrial Property Code on 10 January 2017, the Turkish Patent and Trademark Office has announced the issuance of long-awaited new guidelines for the examination of trademark applications. Read more

17 Oct 2019

Mattel Inc overcomes obstacle to BARBIE® trademark registration in Ukraine

Mattel Inc has obtained the cancellation of the mark БАРБІ (‘BARBI’ in Cyrillic) in Classes 29, 30 and 32, thereby removing the obstacle to the registration of its BARBIE mark in Classes 8, 29, 30 and 32. Read more

17 Oct 2019

The Sky v Skykick opinion: what it could mean for trademark professionals

Advocate General Tanchev has handed down his opinion in the highly anticipated Sky v Skykick case. If the opinion is followed by the CJEU, market experts predict that the enforcement of existing trademark registrations could become riskier, while application strategies would have to be reviewed. Read more

16 Oct 2019

USPTO fee rises: registry bombarded with letters from graphic designers and small business owners

The USPTO has received hundreds of letters in relation to its proposal to change various trademark fees. Many originate from the Trademark Watch Dawgs group, although one attorney claims that it is the result of an astroturfing campaign. Read more

16 Oct 2019

Federal Circuit withdraws ruling on trademark preclusion of ITC determinations

In response to a petition for rehearing, the US Court of Appeals for the Federal Circuit has vacated part of an earlier precedential decision noting the lack of preclusive effect of trademark decisions issued by the International Trade Commission. Read more

16 Oct 2019

Lost in translation? Board of Appeal should have considered Italian and Spanish-speaking public

In Vafo Praha sro v EUIPO, the EU General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO finding that there was no likelihood of confusion between the marks MEATLOVE and CARNILOVE. Read more

16 Oct 2019

Global trademark growth slowing as China continues to dominate – breaking down the WIPO Indicators 2019 report

WIPO has published World Intellectual Property Indicators 2019, charting the growth of global IP filing for 2018. WTR presents key takeaways from the trademark data. Read more

16 Oct 2019

Tackling bullying and sexual harassment in the legal workplace: exclusive interview with Kieran Pender 

The International Bar Association released a groundbreaking study on bullying and sexual harassment in the legal profession earlier this year. WTR caught up with the project's leader, Kieran Pender, in the midst of a global awareness campaign centred on this problem rife within the industry.  Read more

15 Oct 2019

Peruvian Criminal Court issues important precedent on IP rights

In a case involving fake goods bearing the ADIDAS trademark and Disney characters, Peru’s Second IP Criminal Court has sentenced the defendant to an effective imprisonment term of four years. Read more

15 Oct 2019

Broader protection for GIs used on agricultural products

Recently published regulations in South Africa make provision for the registration of GIs that identify agricultural products as originating in South Africa or in a foreign country.   Read more

14 Oct 2019

Eight counterfeit hotspots in Argentina that brand owners should be aware of

In the latest edition of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Argentina. Read more

14 Oct 2019

No remedy for failure to prove bad faith at time of domain name registration

A recent UDRP decision involving the domain name ‘aizel.com’ highlights the importance of proving bad faith at the time of registration of a domain name, especially when the complainant’s trademark did not yet exist at that time. Read more

14 Oct 2019

General Court confirms invalidity of trademark consisting of 2D depiction of shape of goods that performs a technical function

In Roxtec AB v EUIPO, the EU General Court has upheld a decision of the Second Board of Appeal of the EUIPO finding that a figurative trademark depicting a black square containing seven concentric blue circles was invalid. Read more

11 Oct 2019

Second user vaping company has no claim to AFFLICTION

The US Court of Appeals for the 10th Circuit has found that the district court had erred in finding that there was no likelihood of confusion between the mark AFFLICTION for apparel and the mark VAPE AFFLICTION for vaping accessories. Read more

11 Oct 2019

ADDICTED 'marijuana' device mark invalidated on application by adidas

In a decision that provides a warning to companies seeking to parody well-known brands, the UK Intellectual Property Office has upheld adidas's application for a declaration of invalidity of the device mark ADDICTED. Read more

11 Oct 2019

Online betting heats up in the US with string of M&A activity

Flutter Entertainment’s acquisition of The Stars Group would show that, despite uncertainty, major players in the gambling industry see the newly liberated US as a high-growth market. Read more

10 Oct 2019

Brexit, trade wars and political turmoil: what dominated the 2019 Nation Brand report

Brand Finance has released its annual Nation Brand report, which sees notable movement from developing countries – highlighting the economic shift powered by innovation in the Middle East, Africa, Asia and Latin America. Read more

10 Oct 2019

Counterfeit hotspots in Malta that brand owners should have on their enforcement radar

In the next part of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to the Mediterranean island of Malta. Read more

10 Oct 2019

Vietnam joins the Hague System

On 30 September 2019 Vietnam presented its instrument of accession to the Hague System to WIPO. Vietnam is now a member of all three international registration systems, in addition to the PCT system for patents and the Madrid system for trademarks. Read more

10 Oct 2019

#DARFERDAS? case: CJEU clarifies distinctiveness requirements

In a case involving the mark #DARFERDAS?, the Court of Justice of the European Union has held that, when examining the distinctive character of a mark, all the likely types of use must be taken into account. Read more

9 Oct 2019

NBA crisis highlights the China conundrum for all brands

We speak with IP and PR experts on what brand owners must learn from the NBA's ongoing crisis in China, with one claiming that this is “the biggest trademark story of the year”. Read more

9 Oct 2019

UDRP complaint has more holes than Swiss cheese

A WIPO panel has refused to order the transfer of the domain name ‘solothurn.com’ because the complainants – three entities related to the Swiss city of Solothurn – had failed to establish the first element under the UDRP. Read more

9 Oct 2019

Crowd-shipping: a new frontier in the fight against counterfeiting?

Multiple crowd-shipping platforms now allow the transport of small packaged goods to be handled by independent contractors. WTR looks into the potential challenge this may pose to brands and anti-counterfeiting professionals.  Read more

9 Oct 2019

The similarity threshold for trademark dilution under Article 8(5) – how low does it go?

The EU General Court has overturned the denial of Volvo’s opposition against the registration of the mark V-WHEELS, holding that the EUIPO had incorrectly found that the relevant marks were dissimilar for the purposes of Article 8(5) of EU Regulation 2017/1001. Read more

8 Oct 2019

Associations call for WeChat inclusion on USTR’s Notorious Markets List

Brand and IP associations have used the comment period for the next USTR Notorious Markets List to call for the inclusion of WeChat. It comes at a time of heightened tension between the US government and Chinese tech companies. Read more

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