Analysis: Strategic

Mars Wrigley’s lawsuit against cannabis companies illustrates the need for brands to police this fast-maturing industry

In our latest Saturday opinion column, we consider the news that Mars Wrigley has launched legal action in both the United States and Canada against companies operating in the cannabis industry.

Mars Wrigley’s lawsuit against cannabis companies illustrates the need for brands to police this fast-maturing industry
AAFA calls for action to counter rise of ‘dupe influencers’ promoting counterfeit goods
6 May 2021

AAFA calls for action to counter rise of ‘dupe influencers’ promoting counterfeit goods

The AAFA has released a new report highlighting the role that a fast-growing group of social media influencers are playing in the promotion of counterfeit products, as well as the tactics that they are adopting.

Functionality in the European Union and the United States: converging worlds or diverging approaches?
6 May 2021

Functionality in the European Union and the United States: converging worlds or diverging approaches?

The Long Read: The two key markets show no sign of reaching a consensus when it comes to assessing this vital aspect of trademark protection. Thankfully, Baker McKenzie’s Vlotina Liakatou, Dyan House and Karen Hays have set out a focused checklist for brand owners looking to protect their intangibles in both regions.

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5 May 2021

European Commission launches non-agricultural GIs consultation as United States voices concern over extending protection

The European Commission is running a public consultation on creating a system for the EU-wide protection of geographical indications for non-agricultural products. Read more

5 May 2021

“The bedrock of a good D&I strategy is listening to your team”: how Crowell & Moring is creating positive change in the workplace

Judith Bussé, counsel and a member of the Crowell & Moring IP group, reveals how the firm’s hiring practices and formal actions are part of a proactive effort to create positive change on a national and international level. Read more

1 May 2021

As large trademark events pivot to hybrid models, they are setting down foundations for future growth and opportunity

In our latest Saturday opinion column, we reflect on a week in which INTA announced its Annual Meeting would be a ‘virtual+’ event and MARQUES expanded on its plans for a hybrid annual conference. Read more

29 Apr 2021

“We see it; we learn of it; we pursue it” – brand enforcement and licensing tips from Nestlé USA

WTR sits down with Christa Cole, head of legal brand development, enforcement and licensing at Nestlé USA Inc, to hear how a three-person team handles the company’s highest-grossing portfolio. Read more

29 Apr 2021

Exclusive roundtable – IP offices reveal how covid-19 could shape future operations

The Long Read: As remote working has become du jour for many, WTR asks the IP offices of Canada, the European Union, Singapore, South Korea and the United Kingdom to reflect on the ups and downs of operating during a global pandemic – and what might remain of the systems developed over the past year. Read more

28 Apr 2021

LMCA and Warburg Pincus launch brand acquisition firm, eyeing targets with licensing potential

Warburg Pincus and  LMCA have launched a new brand acquisition firm, Full Sail IP Partners. LMCA’s president tells WTR that the new entity is already rolling on identifying potential brands to approach. Read more

27 Apr 2021

Facebook and Gucci team up as social media giant steps up anti-counterfeiting efforts

Facebook and Gucci have announced that they have filed a joint lawsuit against the head of an alleged international counterfeiting operation. Read more

26 Apr 2021

Volkswagen, Porsche and BMW help drive entire WTR Brand Elite stocks upwards

The WTR Brand Elite project tracks how a defined set of brand-focused companies with industry-leading trademark teams perform against stock market indices. Read more

26 Apr 2021

Singapore reveals new IP strategy; INTA unveils SME resources; Amazon extends IP Accelerator: World IP Day developments

A range of announcements and SME-focused news items have been issued to coincide with World IP Day. Here, we present a selection of the developments you need to know about. Read more

22 Apr 2021

Study reveals escalating email and brand impersonation attacks, highlights training and awareness gaps

New survey-based research from email security and cyber resilience company Mimecast has revealed the escalating nature of email, phishing and brand impersonation attacks during the covid-19 pandemic. Read more

22 Apr 2021

Action called for after data reveals that 3% of sellers are responsible for up to 21% of online fakes

Online brand protection services provider Incopro has published new data revealing that a small number of online sellers it has flagged for offering fake goods are responsible for a disproportionately large number of problematic listings. Read more

22 Apr 2021

Best practice in brand ownership and tax reporting post-Coca-Cola

The Long Read: The Coca-Cola recipe may be the same, but the US Tax Court has ruled that the formula it was using to assign IP rights to subsidiaries is no good. Jonathan G Polak, Todd C Lady and Joseph Balthazor Jr unpick the case for practical tips on how other brands can avoid the same fate. Read more

21 Apr 2021

Buy Safe America Coalition backs Big Tech Accountability Platform memo, seeks to shore up support for INFORM Act

This week the Buy Safe America Coalition has sent a letter of support to Republican Congresswoman Cathy McMorris Rodgers in response to a recent memo on her Big Tech Accountability Platform. Read more

21 Apr 2021

What the EU-China GI agreement means for rights holders

In this guest post, Susan Fan, senior trademark agent in the Rouse Shanghai office, reflects on the impact of the latest EU-China agreement on GIs and presents insight into local and international protection strategies. Read more

21 Apr 2021

USPTO struggles with backlog as number of Chinese trademark applications rises rapidly

The USPTO continues to be flooded with trademark applications from China, with users telling WTR about the changing strategies being adopted by Chinese filers and concerns that the registry has limited options to address the situation. Read more

19 Apr 2021

Where to appeal a TTAB decision? The choice is complicated

In this guest piece, Martin Schwimmer and John L Welch unpick the recent US Court of Appeals for the Fourth Circuit decision in the PRETZEL CRISPS genericness case to examine the practical factors at play when deciding where to appeal an adverse TTAB decision. Read more

17 Apr 2021

What is notable about the Colin the Caterpillar spat is not the dispute itself

In our latest Saturday opinion column, we consider the media frenzy surrounding the news that Colin the Caterpillar and his nemesis Cuthbert are locked in a legal dispute. Read more

16 Apr 2021

“There may be chaotic situations”: the practical impact of abolishing India’s IPAB

In this guest analysis, Shailendra Bhandare, partner at Khaitan & Co, explores the short and long-term impact of the move to abolish India’s  IP Appellate Board. Read more

15 Apr 2021

“A matter of survival”: Trademark Express prevails in long-running dispute with LegalForce

A US district court has found in favour of Trademark Express in a long-running and bitter dispute with LegalForce RAPC Worldwide, deciding that the former had not been engaged in the unauthorised practice of law. ” Read more

15 Apr 2021

How to squeeze the best value out of newly acquired brands – a step-by-step approach

The long read: Poorly kept portfolios and badly managed assets can scupper the value of a tempting brand acquisition. However, the careful and methodical approach outlined here can help buyers and sellers alike avoid these pitfalls and maximise the chances of a successful M&A. Read more

14 Apr 2021

“This will be an impediment to India’s image”: concerns over costs and backlogs voiced after IPAB is abolished

Last week the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021 was promulgated, effectively abolishing India’s IP Appellate Board and transferring its functions to the country’s commercial and high courts. Read more

14 Apr 2021

“What we believed was equal and fair a year ago may not be good enough now”: interview with White & Case global diversity chair

WTR sat down with White & Case partner and chair of the global diversity committee Arlene Hahn to hear how the firm tackles the challenges of contextual D&I initiatives through its affinity networks, leadership style and progressive bonus policy. Read more

13 Apr 2021

Florida State unveils new student-athlete name, image and likeness programme as uncertainty remains over national regime

The move throws the spotlight on the issue of amateurism and the National Collegiate Athletic Association’s efforts to control the narrative. Read more

13 Apr 2021

Fight or flight? Study finds litigation can be an effective deterrent to future counterfeiting activity

A new study has looked at whether trademark litigation is an effective strategy against counterfeiters, with one of the authors telling WTR that “the legal costs of today’s litigation should be weighed against future infringement”. Read more

12 Apr 2021

Trademarks after death – study urges IP practitioners to consider posthumous registration issues

A new study has taken a deep-dive into posthumous intellectual property and endorsement rights, and proposes a legal rethink to ensure fairness and accuracy to the departed. Read more

12 Apr 2021

Why the current wave of big-ticket new gTLD deals matters to trademark counsel

GoDaddy Registry is to acquire the ‘.club’ and ‘.design’ TLDs, as well as 28 domain extensions owned and operated by MMX. The news broke just over a week after Ethos Capital completed an investment to acquire a controlling interest in Donuts. Read more

10 Apr 2021

Satan Shoes settlement is a good result for both parties, but some will lament the fact the case was not heard

In our latest Saturday opinion column, we examine how the dispute between Nike and MSCHF’s Satan Shoes played out. Read more

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