Analysis: Strategic

Creative trademark strategies are essential for brands venturing into newly-legalised US marijuana markets

Both Coca-Cola and musician Jimmy Buffett have been linked with marijuana brand partnerships over the past week. Such deals pose significant trademark difficulties, but there may be workaround strategies available. 

Creative trademark strategies are essential for brands venturing into newly-legalised US marijuana markets
18 Sep 2018

How the evolution of ‘trademark counsel’ to ‘brand professionals’ will significantly impact service demands

In this week’s opinion column, we consider how law firms can future-proof their trademark practices.

14 Sep 2018

“There is no one-size-fits-all approach to enforcement” – exclusive interview with Mars Inc’s Sophie Anger

In an in-depth discussion with Sophie Anger, associate general counsel of marketing properties for the global petcare unit of Mars Incorporated, she offers enforcement tips, explains how efficiency is her guiding principle, and much more.

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11 Sep 2018

Don’t underestimate the rise of Chinese brands (and the impact for all rights holders)

In our latest opinion piece, we reflect on the scale of the Chinese government's brand incubation drive, and how this ambitious project is one that will have consequence for all rights holders - no matter where in the world they are located. Read more

10 Sep 2018

Where did it all go wrong in the WTO plain-packaging dispute?

The World Trade Organisation’s panel report in the cases brought against Australia’s plain-packaging regime is difficult reading – and some of its key arguments are without merit. Read more

6 Sep 2018

Burberry scraps anti-counterfeiting product destruction; will more brands follow suit?

Fashion giant Burberry announced today that it will stop the practice of “destroying unsaleable products” with immediate effect. Could the move lead to other brands in the luxury sector to cease the practice of product destruction? Read more

5 Sep 2018

Promoting global IP enforcement reforms should be a “top trade priority” for the United States: new study

Brands fare worse in countries with weaker IP enforcement regimes, and a new study vindicates US government attempts to pressure nations with poor trademark protection and enforcement mechanisms to provide a better environment for brands. Read more

4 Sep 2018

Getting ready for a fight – trademark enforcement, accusations of bullying and preparing for a backlash

In our latest opinion column, we consider a spate of recent media reports of perceived trademark bullying – and the quandary it creates for rights holders. Read more

24 Aug 2018

“It’s not a silver bullet – there are trade-offs”: new perspectives on the use of blockchain against counterfeiters

Blockchain could play a significant role in the fight against fakes further down the line, and has been the focus of much attention in IP circles. Read more

23 Aug 2018

“A chef’s name is a trademark” – dispute highlights brand protection risks in the fine dining restaurant industry

An ongoing trademark dispute between an award-winning chef and his former employer has highlighted the issue of brand protection in the fine dining sector. Read more

15 Aug 2018

Reputational risks on free speech social network Gab; research reveals scale of brand misuse

Research from World Trademark Review has found that many major brand names have been registered on "free speech social network" Gab, with related pages sometimes featuring homophobic and racist content. Read more

2 Aug 2018

Authorities should distinguish between ads and trademarks: exclusive interview with PepsiCo’s Sergio Barragan

We speaks with Sergio Barragan of beverage giant PepsiCo to discover his approach to managing the company’s extensive Latin American brand portfolio. Read more

1 Aug 2018

Cloudy skies forecast for trademark licensees in the wake of Tempnology

In light of the recent Tempnology decision, parties and their trademark counsel must exercise more caution than ever when drafting trademark licence agreements. Read more

26 Jul 2018

How associations can do more to help corporate counsel raise their profile

In our latest opinion piece, we consider whether trademark associations should and could do more to help corporate IP professionals raise their profile internally – arguing that, while a challenge to do so, it would be a true win-win scenario if successful. Read more

25 Jul 2018

“If people ask me what I do, I say that I sell cereal”: perspectives on brand management at General Mills

In our latest interview providing exclusive insights from leading corporate trademark professionals, we speak with Joshua Burke, senior IP counsel at US consumer foods conglomerate General Mills. Read more

20 Jul 2018

Burberry under fire over ‘anti-counterfeiting’ product destruction; will other brands face scrutiny?

An online outcry has erupted due to reports that Burberry destroyed almost £30 million worth of finished goods over the past year in a bid to protect itself from counterfeiting. Read more

17 Jul 2018

Beware the ‘clever cease and desist letter’ backlash

In our latest opinion column, we look at the trend towards creative cease and desist letters, and the risk that consumer sentiment will turn if these are deemed efforts at marketing one-upmanship. Read more

11 Jul 2018

Cristiano Ronaldo to Juventus, LeBron James to LA Lakers: the brand perspective on major sporting moves

​​​​​​​The last week has seen NBA legend LeBron James and football superstar Cristiano Ronaldo signing lucrative new deals. Experts say that the strong commercial brand of both players will justify the big dollars being spent. Read more

10 Jul 2018

Time for non-tobacco brands to take the threat of plain packaging more seriously

In the first of a new regular opinion column, the onward march of plain packaging is examined. In the face of seemingly unstoppable momentum, now is the time to consider whether brands will remain on the sidelines or make their voices heard. Read more

5 Jul 2018

Federer logo clash with Nike highlights contractual pitfalls for sports stars

This week the Wimbledon tennis tournament got underway, with media reports noting how reigning champion Roger Federer “stunned onlookers by turning out on Centre Court in Uniqlo gear”. The focus then turned to the absence of his often-used RF logo, which is caught up in an ownership wrangle. Read more

4 Jul 2018

How to maximise compensation in trademark infringement cases

In China, the standards and methods for determining compensation in trademark cases directly reflect judicial protection levels. However, canny rights holders can choose strategies to maximise the chances of higher awards. Read more

29 Jun 2018

How brands should prepare for the big changes coming to Canada’s trademark market: exclusive data analysis

In our latest report, we delve into Canada’s trademark landscape. We examine how a major overhaul of its trademark laws may lead to a clogged up register, take a look at filing and litigation trends, and much more. Read more

28 Jun 2018

Mental health in intellectual property – breaking down barriers

One factor which is frequently associated with mental health issues is work-related stress, something with which professionals in the IP industry are familiar. We look at how best to recognise and address this issue. Read more

27 Jun 2018

Shame or litigate? New research argues that more rights holders will turn to ‘self-help’ enforcement

A new academic paper has predicted that content creators and rights holders will increasingly turn to “self-help” action in cases of infringement rather than initiate litigation. However, such an approach is not without risk. Read more

26 Jun 2018

Riding the tidal wave: USPTO faces 10% rise in trademark applications

With a 10% rise in trademark applications mostly spurred by Chinese filings flooding the USPTO in 2017, questions have been raised about whether the office can cope with this influx – both now and in the future. Read more

22 Jun 2018

“Successful strategy is rooted in looking forward”: Amazon on protecting the world’s most valuable brand

Exclusive insights from Dana Brown Northcott, Amazon.com’s associate general counsel, intellectual property. Read more

22 Jun 2018

From rebranding efforts to ICANN advocacy work: inside Expedia Group’s IP function

Expedia Group has recently undergone a major rebrand. The group’s IP director explains how the team managed the change. Read more

22 Jun 2018

“The right tools and people”: how Harley-Davidson ensures trademark success

How Harley-Davidson, winner of the WTR Industry Award for Europe, Middle East and Africa Team of the Year, takes a collaborative approach to brand protection. Read more

21 Jun 2018

“Our small size may be a huge advantage”: how Lindt & Sprüngli AG approaches brand protection

Nicholas Studler, head of intellectual property at Lindt & Sprüngli AG, expands on his approach to internal relationship building and brand enforcement. Read more

21 Jun 2018

Bitcoin, CNN and Elon Musk under attack: how scammers are stepping up their game

​​​​​​​An investigation from World Trademark Review has explored the evolving tactics of misleading and often malicious websites that pose as articles from well-known news outlets, with common trends including the use of cryptocurrency and Elon Musk to lure in users. Read more

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