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Analysis: Strategic

Lagging behind? Trademark issues revealed as substantial risk for esports industry

Major new survey finds IP and licensing are the most significant legal issues facing the esports industry. The findings reveal an opportunity for law firms across the world in the fledgling esports space.

Lagging behind? Trademark issues revealed as substantial risk for esports industry
13 Nov 2019

AI, blockchain, Telegram, TikTok and trade wars – unpacking the latest counterfeit trends forecast

A new report documents the counterfeit trends it expects to shape brand protection efforts in 2020. WTR identifies the most valuable takeaways from the report and the actions that brand owners should be taking.

12 Nov 2019

Apple reportedly eyes 2023 AR glasses launch: what it means for trademark professionals

In our latest opinion column, we consider reports that Apple is eyeing a 2023 launch for its planned augmented reality (AR) glasses, highlighting the potential impact for trademark professionals.

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12 Nov 2019

Counterfeit hotspots in Australia and New Zealand that brand owners must be aware of

In the latest edition of our regular series focused on marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Australia and New Zealand. Read more

11 Nov 2019

A new approach to deter and identify China’s internet counterfeiters – exclusive guest post

How brand owners can identify the producers and sellers of counterfeit goods in China, the threat of which could help curb their illicit activity altogether. Read more

8 Nov 2019

Five counterfeit hotspots in Nepal that brand owners must be aware of

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

7 Nov 2019

Unpacking a most peculiar global trademark: exclusive interview with American Red Cross’s Allison Leader

The Red Cross emblem embodies many of the most important qualities of globally recognised brands, yet its separate societies work independently. Director, legal counsel Allison Leader explains how the American Red Cross has led the pack. Read more

6 Nov 2019

Risqué business: lessons from the Unilever and Kraft Heinz Pornhub advertising backlash

Kraft Heinz and Unilever have distanced themselves from a pornography website on which they advertised, following accusations that it hosted underage and illegal content. Legal experts emphasise the importance of being involved in conversations over brand messaging and positioning. Read more

6 Nov 2019

Five counterfeit hotspots in New York that brand owners must be aware of

In the latest edition of our series on marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to the US state of New York. Read more

5 Nov 2019

The positive placebo effects of high-performance brand reputation revealed

A recent study has brought to light new research revealing that trademarks with a performance-enhancing reputation have a positive placebo effect on consumers – the author telling WTR that the findings help challenge the assumption that consumers lose when they pay extra for a high-prestige brand. Read more

5 Nov 2019

OpSec to acquire MarkMonitor’s brand protection business as Clarivate looks to streamline offerings

OpSec Security and Clarivate Analytics have announced an agreement which will see OpSec acquire MarkMonitor’s brand protection, anti-piracy and anti-fraud business. The announcement came on the day that Clarivate reported its third-quarter results, the company noting that the move will allow it to streamline its IP solutions offerings. Read more

5 Nov 2019

Tencent mounts defence of WeChat brand protection efforts, but key numbers not yet public

Tencent Holdings’ general counsel has submitted a rebuttal to criticism of the company’s brand protection activities on its WeChat platform, arguing that inclusion on the Office of the US Trade Representative’s next notorious markets list would be “unwarranted”. The document sheds light on how the company is approaching its anti-counterfeiting efforts. Read more

4 Nov 2019

“They hoped to grind us down” – Bentley Clothing voices relief at trademark win against motoring giant

UK family-run fashion business Bentley Clothing has prevailed against Bentley Motors in a long-running trademark dispute. Talking to WTR, the owner of Bentley Clothing speaks of the stress that the case has caused. Read more

4 Nov 2019

Chinese company to acquire Thomas Cook brand and appears to have grabbed a bargain

In our latest opinion piece, we consider the news that Fosun Tourism Group is purchasing the Thomas Cook brand, recently valued at £836 million, in a deal worth £11 million – arguing that the company is making a canny acquisition. Read more

1 Nov 2019

Six counterfeit hotspots that you must be aware of in Indonesia

In the latest edition of our  series on marketplaces across the world that reportedly engage in the trade of counterfeit goods we head to Indonesia. Read more

31 Oct 2019

USPTO extends AI exploration into trademarks as it seeks to keep pace with new technologies

The USPTO is seeking public comment on the possible impact of AI on trademarks, copyright and other forms of intellectual property. The move is part of a concerted push by the office to take a leadership position on emerging technologies. Read more

30 Oct 2019

NCAA set to loosen name and image rights rule but do not expect an IP bonanza just yet

The governing board of the National Collegiate Athletics Association has voted unanimously to permit students participating in athletics the opportunity to benefit from the use of its name, image and likeness. The move could be a boon for law firms and major brands. Read more

29 Oct 2019

Groundbreaking research reveals significant risks in AI analysis of trademark registers

A new study looking at how AI is used by IP offices warns that “the seductive appeal of the all-seeing algorithm should be resisted” due to current limitations. Read more

24 Oct 2019

Legal uncertainty warning after court confirms cancellation of Rubik’s Cube EU trademark

The General Court has today confirmed the cancellation of the EU trademark consisting of the shape of the Rubik’s Cube, finding that the essential characteristics of the shape are necessary to obtain a technical result; therefore it could not be registered. Read more

23 Oct 2019

Six counterfeit hotspots in Cambodia that brand owners should be aware of

In the latest edition of our series on marketplaces that reportedly engage in the trade of counterfeit goods, we head to the Southeast Asian nation of Cambodia. Read more

22 Oct 2019

Applicants, agencies and IP authorities under scrutiny as China steps up fight against bad-faith filings

China’s State Administration for Market Regulation has released new provisions on the regulation of trademark applications, expanding on how bad-faith filings will be defined and tackled. Read more

22 Oct 2019

Are major brands stealing expressions of folklore in Mexico?

News outlets have focused on the use of expressions of folklore by fashion brands. In this guest post, a local expert argues that, with companies currently operating on the right side of the law, protecting these expressions against misuse belongs to the state. Read more

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. Read more

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. 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

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

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

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

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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Trending

1

Risqué business: lessons from the Unilever and Kraft Heinz Pornhub advertising backlash

2

OpSec to acquire MarkMonitor’s brand protection business as Clarivate looks to streamline offerings

3

Five counterfeit hotspots in New York that brand owners must be aware of

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Six counterfeit hotspots in Cambodia that brand owners should be aware of

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Five counterfeit hotspots in Nepal that brand owners must be aware of

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Mark Evans
Partner
Toronto ON, Canada
Smart & Biggar
View full biography
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