Enforcement and Litigation

Intellectual property under Biden; EUIPO data exclusive; service provider debut; 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.

Intellectual property under Biden; EUIPO data exclusive; service provider debut; and much more
As Trump administration ends, trademark experts reflect on the highs and lows
20 Jan 2021

As Trump administration ends, trademark experts reflect on the highs and lows

Today officially marks the end of the presidency of Donald J Trump. After an unprecedented four years, WTR looks back at the brand-related positives and negatives of his time in office.

How to wield trust to protect your brand online in an evolving threat landscape
19 Jan 2021

How to wield trust to protect your brand online in an evolving threat landscape

In this guest analysis Bill Taylor, chief marketing officer at OpSec Security, explains why and how trust should be placed at the heart of brand protection efforts.

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22 Jan 2021

No likelihood of confusion between BIM FREELANCE and BIM READY due to relevant public’s high level of attention

In this arguably debatable decision, the EU General Court concluded - contrary to the EUIPO - that there was no likelihood of confusion between BIM READY and BIM FREELANCE for “training services” in Class 41. Read more

21 Jan 2021

Swissness – recent developments in the protection of the ‘Swiss’ brand

Following a recent evaluation of the Swissness legislation, which came into force four years ago, the Federal Council has noted that there is no need to revise the legislation, but there is still a need for action and enforcement - particularly abroad. Read more

21 Jan 2021

A not so EASY task after all: easyGroup’s EASY mark found to be devoid of distinctive character

easyGroup’s attempt to strengthen its rights in the EASY family of marks has been thwarted by the UKIPO, which refused to register the mark EASY for various services in Classes 35, 39 and 43. Read more

20 Jan 2021

E-BOKS v EBOX: a trademark setback that e-Boks didn’t sign up for

Following a victory at the Swedish Patent and Market Court, electronic signature provider e-Boks was dealt a blow when the appeal court found that there was no likelihood of confusion between E-BOKS and EBOX. Read more

News

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19 Jan 2021

Derby Pie trademark dispute; Netherlands plain packaging; Sandris Laganovskis joins EUIPO – news digest

In our latest round-up, we look at Global Icons becoming the worldwide licensing agent for Betty Boop, ECTA launching its committee elections, Hainan adopting measures to strengthen IP rights protections, and much more. Read more

17 Jan 2021

Alibaba's Taobao remains on Notorious Markets list; NovumIP charts toll of pandemic on IP practice; USPTO publishes scathing Chinese filings report; 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. Read more

15 Jan 2021

Hendrix family trademark dispute; ICANN 70 confirmed; Australian company changes ‘racist’ branding – news digest

In our latest round-up, we look at the NCAA pausing a vote on athlete name, image and likeness rules, the US IP Alliance launching with the aim of raising IP awareness, Authentic Vision and ATQ Germany teaming up, and much more. Read more

12 Jan 2021

Elon Musk brand confusion; Burger King rebrand; Subway to expand licensing footprint – news digest

In our latest round-up, we look at Unilever offloading the Bertolli business, thousands of counterfeit designer masks seized in Kentucky, South Korea adopting a Vegan certification mark, and much more. Read more

Analysis

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18 Jan 2021

The notorious markets you need to have on your policing radar

The latest USTR list provides crucial intelligence for rights holders, with eight new physical markets added. Read more

13 Jan 2021

US Supreme Court denies certiorari to parody case, leaving Ninth Circuit open to forum shopping, expert says

Trademark experts say that the move has left the Ninth Circuit as the “go-to circuit for declaratory actions for non-infringement”. Read more

8 Jan 2021

Proud Boys™ – far-right group's trademark could face cancellation, legal experts claim

Talking to WTR, the owner of the Proud Boys registered trademark (and former member of the group) reveals how the rights have been used to protect the organisation and stop unauthorised merchandise. Read more

8 Jan 2021

Counterfeit vaccines highlight dark web’s role in illicit supply chains

As nations begin the roll-out of covid-19 vaccines, there is a risk of bad actors cashing in on the unprecedented demand through dark web marketplaces. Read more

Research

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18 Dec 2020

China trademark litigation: all the statistics you need to know

In a new annual article, we delve into infringement data to track trends and identify key figures Read more

16 Sep 2020

As US trademark application levels bounce back stronger, litigation filings continue to plummet

Andrei Iancu, director of the USPTO, has identified a V-shaped recovery in trademark applications after a drop earlier this year. However, litigation filings are continuing their downward spiral. Read more

21 Feb 2020

Football: a game where every brand wins

Football teams and corporates are cashing in on brand value, but a changing industry means clubs need to use new methods to continue strengthening their presence and engagement levels. Read more

4 Oct 2019

As rivals take aim, McDonald’s eyes big tech to drive growth

The fast-food powerhouse has turned to machine learning tech in a bid to personalise the brand experience - however, its rivals have demonstrated that personality is as powerful as technology. Read more

Insight

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12 Dec 2020

Why Mexico needs clearer publicity rights

With image rights protected mainly by the Federal Copyright Law, the overlap between an individual’s right to control use of their image and the automatic copyright established on behalf of an author can lead to courtroom conflicts. Read more

12 Dec 2020

EU image rights: when the product is us

In the absence of a harmonised EU law on image rights, individuals are forced to rely on a combination of copyright and human rights claims to protect their most unique asset online – their own image. Read more

12 Dec 2020

My name, my face, your trademark? Protecting publicity and image rights in China

A series of high-profile cases has seen publicity and image rights in the spotlight in recent years. Although the laws protecting these rights can be broad, a well-thought-out strategy with evidence of reputation will see celebrities triumph over bad-faith filers. Read more

12 Dec 2020

Social media and the right of publicity: what advertisers need to know

With no US federal right of publicity and the distinction between celebrities and non-celebrities becoming increasingly arbitrary, companies looking to advertise their products through the likenesses of individuals must be up to date with the latest case law in order to get a clear picture of the risks involved. Read more