Trademark policy under Trump; sustainable brands; Asia customs strategies; and much more
Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week.
Monday 2 November
In a guest op-ed, Annie Brown, senior consultant at Brand Finance, argued that it is time for better disclosure and transparency surrounding intangible assets. Read more
Monday’s opinion column examined recent sustainability campaigns to determine why trademark counsel should play a central role in sustainable brand initiatives. Read more
Plus:
- Puma successful on appeal to the Supreme Court in PUMAKATARI case (Chile)
- DELHIVERY decision: phonetically generic marks cannot be protected (India)
Tuesday 3 November
Burger King promoting McDonald’s, the UK Intellectual Property Office seeking AI opinions, the musician opposing a L’Oreal trademark application, and much more featured in Tuesday’s news round-up. Read more
WTR spoke to IP industry experts about how the result of the US presidential election could impact the trademark landscape and what this would mean for brand owners. Read more
We reflected on the past four years of trademark policy under President Trump, during which brands have been catapulted onto the front pages and into the public consciousness. Read more
Plus:
- SAKKATTACK decision: a certain degree of complementarity is not sufficient to render goods similar (European Union)
- EU-wide preliminary injunction granted against issuance of conformity certificates for face masks under infringing sign (Spain)
Wednesday 4 November
We examined the unique opportunity that certification marks provide to promote a green brand and the role of trademark teams as a whole – although they require commitment. Read more
In a guest analysis, Nick Redfearn, deputy CEO and enforcement head at Rouse, outlined the vital customs strategies that brand owners should be employing after a surge in counterfeit imports into Southeast Asia. Read more
We unveiled the programme for the fifth annual Brand Strategy China event due to take place in December, with the first confirmed participants including experts from 3M, Amazon, Chanel and Richemont. Read more
Plus:
- Federal Court finds that MONSTER’s reputation is not enough (Australia)
- Crossing the Zambezi: key issues for brand owners following the completion of the Kazungula bridge (International)
Thursday 5 November
As the USPTO appears to be planning to mask attorney email addresses on trademark applications, IP experts urged the agency to get feedback from stakeholders before making a final decision. Read more
WTR reported on the latest developments at IP offices in Croatia, France, Montenegro, Portugal and Taiwan in light of growing covid-19 restrictions. Read more
With four more US states legalising recreational cannabis, we examined what election changes to cannabis and hard drug laws could mean for brands. Read more
With an increasing number of young content creators promoting counterfeit goods on TikTok, one influencer told WTR that there is a “large audience” for posts about ‘dupe’ items purchased on online marketplaces. Read more
Plus:
- SMART:)THINGS: a smile does not wipe away descriptiveness (European Union)
- Cookie trade dress infringement case crumbles in face of functionality challenge (United States)
- Ranking (trademark) innovation in Africa (International report: Africa)
- Here for a good time… and a long time – current Canadian examination timelines (International report: Canada)
- How new labelling and packaging specifications are affecting marketing and legal practice in Mexico (International report: Mexico)
- Understanding the legal system and how to seek remedies for trademark-related issues in Taiwan (International report: Taiwan)
- Recent access block to non-party oppositions in accordance with Turkish Personal Data Protection Law (International report: Turkey)
Friday 6 November
Friday’s headlines saw Gap criticised for a political tweet, Volkswagen named the most tattooed car brand, INTA collaborating with Nigeria on IP training, Cambodia destroying counterfeit medicines, and much more. Read more
While all eyes have been on the US presidential election, WTR sat down with the newly appointed president of the American Intellectual Property Law Association, Joseph Re, to hear how the organisation has weathered tough financial conditions and what to expect from, in his words, the “covid president”. Read more
Plus:
- General Court confirms lack of likelihood of confusion between DECATHLON and ATHLON (European Union)
- The wish is father to the thought (International)
Saturday 7 November
This week’s WTR archive piece revisited the changing face of plain packaging, tracking the branding disputes that have been raging across the globe for almost a decade. Read more
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