Analysis: Legal

US trademark litigation levels on course to hit four-year high

The latest data from Lex Machina reveals that 2,289 trademark litigation actions were filed in the United States in the first half of 2019, up 12% year-on-year. If current trends continue, it will represent a four-year high.

US trademark litigation levels on course to hit four-year high
10 Jul 2019

Intel director of trademarks reveals the key ingredients for successful brand protection

Christopher George, director of trademarks and brands at Technology and Consumer Electronics Team of the Year Intel, has spoken to WTR about the difficulties his team faces when tasked with protecting the brands of so-called ‘ingredient’ tech components, rather than final products.  

27 Jun 2019

Amazon and Nite Ize team up to fight fakes; filing offers glimpse into anti-counterfeiting efforts

Amazon, in collaboration with Denver-based company Nite Ize, has filed a lawsuit against counterfeit product importers and sellers operating in the United States, Canada and China. The lawsuit offers some behind-the-scenes insight into Amazon’s efforts to tackle fake goods on its platforms.

Latest

View all
Today

UAE trademark office implements substantial reduction in registration and renewal fees

In a move that will be welcomed by local and international brand owners, the UAE trademark office has reduced the registration fee payable for trademark applications by one-third. Read more

12 Jul 2019

Ukraine regulates organic food production and labelling

The law regulating organic food production and labelling will enter into force in Ukraine on 2 August 2019. Trademark owners should be cautious when using the word ‘organic’ in product names and trademarks. Read more

11 Jul 2019

Changes to Thailand's trademark registration practices - what mark owners need to know

Minor and sometimes undisclosed changes in the practice of Thailand's Trademark Office have recently been revealed. These changes should be closely monitored as they can have a substantial effect on applicants and the trademark registration process generally. Read more

9 Jul 2019

Last year was big for the Toyota brand: could 2019 be even bigger?

Toyota has taken big strides in the last year, with a 17% increase in brand value in 2018 alone. Managing counsel Theresa Conduah discusses the trademark implications of this busy 12 months. Read more

5 Jul 2019

Pelispedia case: illegal film and series sites deactivated in Uruguay

A recent case involving popular streaming site Pelispedia shows that the Uruguayan authorities are committed to fighting transnational crimes against IP rights.   Read more

1 Jul 2019

Use requirements for international registrations in the Philippines - what mark owners should know

By the end of 2018, the Philippines had received nearly 30,000 Madrid applications. Once protection has been granted, maintenance of the registration may be tricky as the timeframes for filing a declaration of actual use are confusing. Read more

28 Jun 2019

PTO makes preparations for Brazil’s adhesion to the Madrid Protocol

The Brazilian Patent and Trademark Office has been making efforts to prove that it is ready for the Madrid Protocol, which is due to enter into force in October 2019. Read more

27 Jun 2019

New PTO resolution brings significant changes to Argentina’s trademark system

Resolution 123/2019 of the Argentinean Patent and Trademark Office, which clarifies some of the changes recently introduced by the amended Trademark Law and sets forth additional rules, has entered into force. Read more

26 Jun 2019

Owners beware: severe restrictions placed on trademarks in the pharma industry

Since 2015 the Chilean Congress has been discussing a bill that will modify the country’s legislation on pharmaceuticals. However, in the past months the bill has undergone various modifications that would severely restrict the use of trademarks in the industry.    Read more

26 Jun 2019

Sage Therapeutics steers a steady course for pharmaceutical marks in Boston

We take a closer look at the inaugural winners of the WTR Industry Award for Local Team of the Year, Cambirdge-based Sage Therapeutics and how it is winning plaudits for innovative marketing and branding work Read more

25 Jun 2019

IP Law amended to comply with CPTPP requirements

The National Assembly of Vietnam has passed a law amending a number of provisions of the Intellectual Property Law, which is expected to be greatly beneficial to rights holders. Read more

24 Jun 2019

Survey evidence takeaways: inside the VAGISIL versus VAGISAN dispute

In this exclusive guest post, Anna Naydonov and Douglas Rettew, partners at Finnegan, reveal how they approach survey evidence and present takeaways with respect to survey methodology in §1071(b) Appeals. Read more

24 Jun 2019

Criminal charges for IP violations: specialised prosecutors send clear message to offenders

During the second half of 2018 and the first half of 2019, specialised prosecutors in Paraguay have increased the amount of charges for offences against IP rights, which sends a clear message that such violations have legal consequences. Read more

21 Jun 2019

New Ukrainian language law: Ukrainian official language for product labelling and advertising

The new Ukrainian language law, which enters into force on 16 July 2019, will require the use of the Ukrainian language for product labelling and advertising, with the exception of trademarks. Read more

19 Jun 2019

Nintendo takes a vigilant stance against infringement

Following a 2018 infringement suit that won the company a permanent injunction and over $12.2 million in damages, we reflect on the vigilant stance taken by WTR’s Software and Online Services Team of the Year – Nintendo of America.  Read more

18 Jun 2019

Malaysia introduces totally revamped Trademarks Bill

The Malaysian Parliament has tabled a new Trademarks Bill 2019 which could bring about significant changes to the existing regime for trademark protection and enforcement in the country. Read more

14 Jun 2019

Uzbekistan introduces new administrative fines for IP rights infringement

Uzbekistan has adopted a new law which introduces fines for the infringement of copyright and related rights, patents, utility models, industrial designs and company names, and doubles the existing fines for trademark infringement.   Read more

13 Jun 2019

Why CBD-infused food and beverages could be ripe for a labelling class action

Despite the rise in hemp-based cannabidiol food and beverage products, manufacturers looking to enter the market face a number of stumbling blocks when it comes to labelling. Identifying these in advance will be key to avoid marketing that may be interpreted as misleading or false advertising. Read more

11 Jun 2019

Huawei versus United States: why trademark professionals must follow this IP technology dispute

Chinese technology giant Huawei is reportedly stepping up development of an alternative operating system. Should it be forced to launch this platform, it could have a direct impact on future trademark enforcement programmes. Read more

6 Jun 2019

Parody law in Canada: experts split over need to amend trademark rules

A Quebec court’s ruling in a high-profile parody case has reignited discussion about the treatment of satire in Canadian trademark law. We speak to two market experts, who consider whether more legal clarity is required. Read more

6 Jun 2019

China steps up IP protection further

On 23 April 2019 the National People’s Congress approved amendments to the Trademark Law and Anti-unfair Competition Law, among others. The speedy approval of these amendments demonstrates China’s dedication to strengthening the protection of IP rights.   Read more

5 Jun 2019

Major changes in Finnish trademark law: what IP practitioners need to know

A new Trademarks Act has come into force in Finland, ushering in significant changes for those seeking to protect brands in the country. We speak with leading experts about what international rights holders should be aware of. Read more

4 Jun 2019

Tajikistan amends trademark law; pending applications now published

A law introducing amendments to Tajikistan’s trademark law entered into force at the beginning of this year, bringing about several important changes. Read more

31 May 2019

How President Trump’s escalation of immigration dispute with Mexico could affect trademark practice  

US President Donald Trump has announced his administration’s intention to impose a series of escalating tariffs on all goods imported from Mexico. The move is one for rights holders to follow closely as it could have a significant impact on trademark practice. Read more

29 May 2019

“Not totally prepared” – Brazilian Senate approves Madrid Protocol, but concerns raised over IP office readiness

After more than a decade of preparation for Brazil to join the Madrid Protocol, the Brazilian Senate has finally approved the agreement text. Local experts say that it will bring positive change, but questions arise over whether INPI will be ready for the predicted start date. Read more

29 May 2019

Good news for joint trademark owners in South Korea

As of 24 October 2019, any one of the joint owners of a trademark in South Korea will be able to file a request for the renewal of the mark. This amendment to the Trademark Act is meant to ease the burden placed on joint trademark owners.   Read more

28 May 2019

Why complaints that new gTLD pricing ‘.sucks’ may have been over the top

A recent academic study exploring the need for updated regulation governing domain names in the United States has suggested that, with many brand owners adopting a laid back, wait-and-see approach to registrations, initial complaints surrounding the high costs of the ‘.sucks’ domain name may have been overblown. Read more

View all

Find an expert