$150,000 trademark scam allegations; top US litigants; India plain packaging regime; and much more

The Long Read

Applications for US design patents have increased by 50% over the past decade. Debevoise & Plimpton’s Megan Bannigan, Justin Ferrone and Anna Rennich analyse why so many brand owners are taking this route to bypass trade dress obstacles. Read more

Monday 19 July

WTR is pleased to announce that it will be hosting a series of one-day events on the future of trademark management and brand protection in London, San Francisco, Chicago and New York this December. Read more

Monopoly, Red Bull and Swatch featured in this quarter’s European Legal Updates that you may have missed. Read more

The Emoji Company topped the 2021 US trademark litigation plaintiff list as filings at district court level remain set to exceed 2020’s number, according to the latest data from Lex Machina. Read more

Plus:

• New mandatory precedent regarding assessment of genuine interest in Andean opposition (Peru)
• Russian Champagne - a real Sham(panskoye)? New Russian law redefines Champagne and causes a lot of fuss over fizz (Russia)

Tuesday 20 July

Tuesday’s news digest featured Lil Nas X’s spoof trial of a recent Nike dispute, ICANN72 going virtual, Joe Exotic’s latest brand-building venture, and much more. Read more

Tiffany & Co settled its infringement dispute with Costco, ending an eight-year battle over point-of-sale displays using its name next to unbranded rings. Read more

Plus:

• High Court issues landmark decision on industrial design infringement (Uganda)
• Court of Appeal: directors jointly and severally liable as accessories, but only liable to account for own profits (United Kingdom)

Wednesday 21 July

A new study urged the Indian government to implement plain packaging on all tobacco products and “set an example for other developing nations”. Read more

A University of Chicago Law School academic called for legal reform that could see brand owners either consulting or obtaining the consent of stakeholders before changing or abandoning a trademark. Read more

Exclusive WTR research found that rights holders are relying on historical data to overcome the ongoing WHOIS blackout, as uncertainty over a future system persists. Read more

Plus:

• No stop for NOMAD (European Union)
• UDRP: caution required for less fanciful trademarks (International)

Thursday 22 July

The IP offices of Japan and Slovakia issued new announcements regarding activities affected by covid-19. Read more

Vodka wars and a crackdown on squatters – we brought you the biggest Legal Updates from Asia-Pacific over the past quarter. Read more

Lead counsel trademarks Frank Schöne-de la Nuez and paralegal Anabela Mendes de Oliveira revealed how the paralegal team at global biotech leader CSL Behring goes above and beyond its traditional remit. Read more

Plus:

• Trouble in paradise (island)? No double territoriality requirement for EU trademark use (European Union)
• IP Vietnam implements more flexible requirements regarding authorised signatories in IP procedures (Vietnam)
• Yoruba trademark case sparks Nigerian cultural appropriation debate (International report: Africa)
• How to empower Chinese customs authorities (International report: China)
• RETROLYMPICS: a trademark under fire (International report: Germany)
• Polish Supreme Court provides much-needed clarity on trademark limitation period in Audi infringement case (International report: Poland)

Friday 23 July

Friday’s news round-up saw Puma settle a ‘Roar’ logo dispute, the UK Intellectual Property Office warn of an upcoming priority filings deadline, ECTA create a new SME task force, and much more. Read more

Starbucks’ brand manual is something smaller companies should aspire to, WTR data analysis discovered. Read more

In an exclusive investigation, a young family revealed to WTR the trauma of losing $150,000 in a trademark scam that involved threats and USPTO impersonation. Read more

Plus:

• Is Pirelli’s ‘tyre groove’ trademark valid? (European Union)
• Domain name disputes in Thailand: how to deal with the pitfalls of the country’s domain registration policy (Thailand)

Saturday 24 July

Recent headlines suggest that Toyota is shying away from the Tokyo 2020 Olympics, but this week’s opinion column argued that the reality is very different. Read more

WTR Special Report: Inside in-house operations

WTR’s latest Special Report, “Inside in-house operations: how to build world-class trademark functions and portfolios”, takes a deep dive into portfolio, brand and in-house team management – with insight from experts at companies including Facebook, FIFA, Novartis, Verizon and Vodafone. Read more