Opinion

US Supreme Court Lanham Act case will hopefully return US trademark law to more stable foundations

The US Supreme Court recently granted certiorari in a case that will hopefully settle conflicting Court of Appeals decisions on the cross-border reach of the Lanham Act, notes this week’s opinion.

26 November 2022

Is everything fair in love and Warhol?

The US Supreme Court decision on Andy Warhol’s use of Prince photos raises unresolved questions about fair use.

19 November 2022

Trademark lawyers take over Kleenex social media channels: getting creative to fend off genericide

This week’s Saturday opinion reflects on Kleenex’s social media campaign, the latest effort to creatively educate the public on trademark use.

05 November 2022

USPTO design patent practice review to be expected but now community has chance to have its say

The USPTO is seeking views on the scientific and technical requirements to practise in patent matters before the office, with the establishment of a design patent practitioner bar up for discussion.

22 October 2022

UPS law firm diversity scheme winners revealed as corporate DEI programmes push on despite challenges

Despite some bumps in the road, the momentum behind corporate schemes to drive DEI in the law firm sector are clearly gathering momentum.

08 October 2022

3M anti-counterfeit platform launch is a teachable moment

3M has launched a new global counterfeit reporting platform, in a welcome move for rights holders around the world, this week’s Saturday opinion explains.

01 October 2022

INFORM Consumers Act reintroduced: collaboration versus mandatory action debate continues

The INFORM Consumers Act has been proposed as an amendment to the National Defence Authorisation Act. Our Saturday opinion reflects on the debate that has surrounded the bill.

24 September 2022

FTC seeks views on rules that could provide boost to fight against trademark scammers

The USPTO is currently fighting fraud on three fronts. Two recent developments could be set to provide a boost to the office’s efforts.

17 September 2022

When registrars and their proxy services enable abuse, liability may follow

This week’s Saturday opinion argues that it is in the interest of privacy to support actions geared toward weeding out bad actors in the DNS space.

10 September 2022

The great debate: should retail platforms be liable for trademark infringement?

The benefits of increasing platform liability for online trademark infringement outweigh the risks, argues Mewburn Ellis senior professional support lawyer Emma Kennaugh-Gallacher, in this week’s Saturday opinion.

03 September 2022

Ben and Jerry’s fails in injunction bid against Unilever, as brand and business approaches clash

This week a US district court rejected an injunction request from Ben and Jerry’s to prevent the transfer of its Israeli business to a local licensee.

27 August 2022

Verizon’s biggest ever UDRP win reminds users of the mechanism’s value

Verizon has recovered more than 70 infringing domains in a UDRP decision handed down this week. The case highlights the value – and cost-saving benefits – of the process to rights holders at a time when the system is under review.

20 August 2022

Trademark teams cannot wrestle increasing workloads alone

Companies need to better support their trademark departments if they want them to succeed as genuine business partners.

13 August 2022

Elon Musk v Twitter is a reminder that all brands must prepare for being targeted by passionate fan bases

The high profile legal dispute is a reminder that all brands must prepare for the fallout of being targeted by a person with a massive fan base that will passionately defend their idol.

06 August 2022

Five steps to retain talent during the great resignation

In this week’s opinion column, Joseph Bichanich, client director of global law firms at Anaqua, suggests five tips for keeping hold of IP talent at a time when employees are quitting in record numbers.

30 July 2022

In rocky economic times, brands need to put reputation above all else

As positive consumer sentiment towards brands erodes, it is more important than ever that companies consider the reputational impact of the decisions they make.

23 July 2022

Increasing demand for sustainability calls time on fast fashion, but brands must tread carefully as they adapt

A growing focus on sustainability is having a significant impact on fashion and apparel brands. The best protection strategy will need authenticity and accuracy at its core, argues this week's Saturday opinion.

16 July 2022

Why you cannot afford to ignore the metaverse

As brands amass on the sidelines, the numbers say the metaverse has to be taken seriously.

09 July 2022

Why innovative pre-apply services lead to better trademark applications

Nathan Abraham, deputy director, tribunal at the UKIPO, outlines why he believes AI-driven pre-apply services should be the future of trademark application filing.

02 July 2022

UK calorie labelling rules: tips for brands

New calorie labelling requirements could have a significant effect on the relationships that restaurant brands have with consumers.

25 June 2022

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