Long read

Repairing, refurbishing, embellishing and upcycling – where are the limits on modifying branded goods?

Bryan Wheelock of Harness IP analyses a slew of cases involving modification – including the high-profile Nike Satan Shoes litigation – to tease out the subtle nuances on which a finding of infringement can hinge in this grey area.

28 April 2022

How to enforce against the unreachable: notes on design patent infringement practice

Brands are increasingly threatened by online direct-to-consumer counterfeits, especially when sales originate from jurisdictions such as China. Greer, Burns & Crain’s Amy Ziegler, Justin Gaudio, Allyson Martin and Rachel Miller offer thorough guidance on enforcing IP rights against counterfeiters in the most difficult jurisdictions to police.

21 April 2022

How to build a world-class IP practice

High-quality legal work alone is no longer enough to set law firms apart in a competitive environment. Those at the top analyse factors that add value for clients and explore why innovation and diversity are no longer optional extras.

14 April 2022

New TLDs - leading perspectives and recommendations for online branding strategies

With a new round of TLDs imminent at ICANN, Jeanette (Söderlund) Eriksson – domain name lawyer and consultant as well as Desktop.com vice president marketing & brand protection – analyses the interests of five key stakeholder groups and the perspectives of thought leaders in the field, to extrapolate top takeaways for brand owners.

07 April 2022

A brand owner’s guide to creating a customs outreach and training programme in Asia

While ASEAN states have been hit by rocketing levels of counterfeits, rights holders need to tailor the support they offer depending on each country’s IP border control situation, argues Rouse’s Adelaide Yu.

31 March 2022

Perimeter defence: regulatory tools to halt counterfeits at US borders

Providing an identification guide to help US Customs distinguish their goods from sophisticated counterfeits is a powerful option for rights holders to save time and resources, and to stop the flow of infringements more quickly

24 March 2022

Celebrity endorsements: practical insights and key takeaways

Endorsements by well-known personalities are being embraced as a canny route to brand growth; HOUSE Attorney’s Melina Haralabopoulos and Frédéric Serra dig into why careful contracting is key to protecting both sides in such relationships.

17 March 2022

Eggs, bunnies and bars – practical lessons for brands from a long line of chocolate disputes

Confectionary giants have been doing battle on several fronts over unconventional trademarks ─ Joel Smith and Peter Elkin of Hogan Lovells dissect the biggest cases and offer clear and practical recommendations

10 March 2022

Inside the Brand Finance Global 500:  the 2021 winners and losers, and the outlook for 2022

As brands emerge into the post-pandemic world, Brand Finance’s David Haigh provides a high-level view on a historic year and an informed perspective with which to confront an unpredictable future global landscape

03 March 2022

Sixteen key questions answered about Mexico’s cannabis brands landscape

Gloria Niembro and Arturo Revilla of Chevez Ruiz Zamarripa tackle the most pressing issues about cannabis-product trademarks in Mexico, a market set to go stratospheric if a new law allowing recreational use is passed

24 February 2022

How to get the most out of coexistence agreements

Coexistence agreements can be a key way to sidestep expensive trademark disputes, but they are not without risk. Arlene Arin Hahn, Erin Hanson and Alexander Reid of White & Case analyse what makes for a successful agreement – and the missteps to avoid

17 February 2022

Six cases that shaped 2021: Canada year in review

Gowling’s Monique M Couture’s deep dive into six selected cases highlights themes that not only offer an overview of the trademark landscape in Canada, but also provide vital clues on how brand owners can best navigate it

10 February 2022

Out with the old, in with the new: five rules for rebranding in the United States

Dickinson Wright’s Alison Frey provides an IP perspective on how and why to rebrand so as prevent infringement and create a legally strong brand on which a successful company can be built

03 February 2022

Everything you need to know about trademarks in India in 2021

Last year was an exciting one for trademarks in India, with the abolition of the IP Appellate Board signalling a sea change in how trademarks are treated. Shailendra Bhandare and Sourav Dan of Khaitan & Co give their on-the-ground take of a significant 12 months.

27 January 2022

A year of fraud at the USPTO: why more needs to be done to tackle trademark filing scams

After an unprecedented rise in fraud targeting users at the USPTO, we look back at a tempestuous year of scams and identify more actions that can be taken to protect users in the future.

20 January 2022

Nine ways to keep costs down: corporate insight

In-house leaders in a range of industries share their top tips on how to get the most out of available tools when budgets are tight.

13 January 2022

The USPTO year in review: exclusive interview with trademark commissioner David Gooder

WTR sits down with USPTO Trademark Commissioner David Gooder to hear his perspective on the biggest changes that have taken place at the agency in 2021.

16 December 2021

USPTO trends and top filers: FY2021

Featured in Prosecution

Our annual assessment of the US trademark landscape sheds light on the unexpected jump in filings, reveals the top filers and much more.

02 December 2021

One action, many targets: the litigation strategies behind multiple-seller counterfeiting cases

To combat the tactics used by sophisticated online sellers, a number of brands have successfully implemented litigation programmes seeking asset restraints against multiple seller aliases in a single case.

25 November 2021

Reputation is key: how to protect and monetise image rights

Image rights can attract valuations in the millions. However, reputation management and the correct ownership structure are key to building and maintaining value.

11 November 2021

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