Enforcement and Litigation

Brands warned over reputational risks on rapidly-growing social network MeWe

Research from WTR reveals that multiple major brands are being impersonated on new social network platform MeWe. For that reason, the website should be on the radars of all rights holders.

Brands warned over reputational risks on rapidly-growing social network MeWe
19 Feb 2019

Illegal online pharmacies: the risks to patient health and brand reputation

Illegal online pharmacies are a growing global problem for patient safety, public health and brand reputation. Combating this danger requires comprehensive, coordinated and consistent action from stakeholders around the world.

18 Feb 2019

Agencies and individuals to be targeted in proposed China crackdown on malicious applications

The CNIPA has revealed plans to curb malicious trademark applications, with both individuals and trademark agencies that file such applications in its sights. The plans have been characterised as “undoubtedly good news for trademark owners" by a leading legal expert in the country.

Latest

View all
19 Feb 2019

RAID case: IPEC considers law relating to "use in the course of trade"

In APT Training & Consultancy Ltd v Birmingham & Solihull Mental Health NHS Trust, the Intellectual Property Enterprise Court has provided a useful reminder of the UK law relating to "use in the course of trade". Read more

18 Feb 2019

Is Sweden aligning itself with EU approach to black-and-white trademarks?

Sweden is one of the few European countries where a black-and-white mark is regarded as covering all colours. However, in a recent case involving two figurative marks, the Patent and Market Court has held that the scope of protection of the earlier mark was limited to its black-and-white representation. Read more

18 Feb 2019

Community design for spray paint gun upheld as invalid by General Court

In Sata GmbH & Co KG v EUIPO, the EU General Court has upheld a decision of the Third Board of Appeal of the EUIPO finding that a design representing a paint spray gun lacked individual character with regard to an earlier design. Read more

15 Feb 2019

New Trademark Law: mark owners must be prepared

Myanmar’s Trademark Law was passed by the Assembly of the Union on 30 January 2019. Importantly for mark owners, marks registered under the current system must be re-applied for once the law enters into force, otherwise they will lose their validity.     Read more

News

View all
8 Feb 2019

Irish Whiskey GI protection, no-deal Brexit anti-counterfeiting “travesty”, and Alibaba and eBay on fakes: news digest

In our latest round-up, we look at Brainbase raising money to bolster its licensing platform, the discovery of fake leukaemia drugs, the EUIPO turning to blockchain to fight counterfeiting, and much more. Read more

25 Jan 2019

JPO apologises for data leak, Brunei joins TMview, and Absolut accused of trademark bullying: news digest

In our latest round-up, we look at the Japan Patent Office apologising after an accidental data leak, a sauce company suing Wendy’s, counterfeit fans reacting to Alibaba’s latest Taobao claims, and more. Read more

22 Jan 2019

Louis Vuitton enforcement lessons, ‘.amazon’ deadline set, and Ivanka Trump trademark storm: news digest

In our latest round-up, we look at the multi-trillion dollar toll of counterfeiting, a huge seizure of fakes in the United Kingdom, a Vietnamese restaurant’s 2013 trademark backlash rearing its head, and much more. Read more

18 Jan 2019

Vietnam to bolster GIs, US shutdown threatens IP, and Ethiopia launches online filing system: news digest

In our latest round-up, we look at a Japanese delegation visiting the French IPO, the Austrian Patent Office introducing animated marks, Rihanna taking her father to court, and much more. Read more

Analysis

View all
15 Feb 2019

CJEU confirms likelihood of confusion between LUBELSKA and LUBECA

The Court of Justice of the European Union has dismissed an appeal brought by the Republic of Poland in opposition proceedings concerning the figurative sign LUBELSKA and the earlier German word mark LUBECA. Read more

15 Feb 2019

Rent it or fake it? Groundbreaking study finds counterfeit products harm authentic goods

An ambitious new research paper has found that counterfeiting causes significant harm to the purchase intent of authentic products, and reveals various strategies to combat this effect. Read more

14 Feb 2019

Beijing High Court opens the way for the registration of position marks

In a victory for the French high-end footwear brand, the Beijing High Court has held that Christian Louboutin’s red sole trademark is not a three-dimensional mark, but rather a single-colour trademark designated for use in a specific position. Read more

14 Feb 2019

How Starbucks is protecting its brand in China – exclusive interview

Batur Oktay, who leads Starbucks’ IP committee, explains how the company is working with Chinese authorities to tackle counterfeiting and provides insights into its changing prosecution strategy. Read more

Research

View all
11 Jan 2019

Johnson & Johnson data focus: inside the world’s biggest trademark portfolio

In the first of a new series, we shed light on how this pharmaceutical giant's trademark holdings have contributed to its business strategy. 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

12 Apr 2018

United States slides, Germany continues to rule: counsel rate court systems across the globe

Despite being key litigation battlegrounds, counsel confidence in the court systems of China and the United States remains shaky.  Read more

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

Insight

View all
29 Jan 2019

Litigating design disputes: United States

Parties to unfair competition and trademark infringement cases pending before a court, or in proceedings before the TTAB, have the option to participate in alternative dispute resolution procedures, such as arbitration or mediation.  Read more

29 Jan 2019

Litigation procedures and strategies: United Kingdom

All parties conducting civil litigation in the United Kingdom should follow the Civil Procedure Rules, which set out how cases should be conducted before and after proceedings have been issued. Read more

29 Jan 2019

Litigation procedures and strategies: Turkey

Turkey has no arbitral institutions that specialise in IP disputes. However, it is accepted that, regardless of their nature, trademark disputes that can be settled between the parties may be subject to arbitration. Read more

28 Jan 2019

Litigation procedures and strategies: Saudi Arabia

Under Saudi trademark law, there are clear provisions relating to the award of damages in trademark infringement cases. However, the award of damages is dictated by the principles of Islamic ShariaRead more

Find an expert

Glenn Spencer Bacal
Managing Attorney
Scottsdale AZ, United States
Bacal & Garrison Law Group