Portfolio Management

Concerns raised over India IPAB abolition; Trademark Express dispute finally ends; Florida State unveils new student-athlete NIL programme; 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.

Concerns raised over India IPAB abolition; Trademark Express dispute finally ends; Florida State unveils new student-athlete NIL programme; and much more
“There may be chaotic situations”: the practical impact of abolishing India’s IPAB
16 Apr 2021

“There may be chaotic situations”: the practical impact of abolishing India’s IPAB

In this guest analysis, Shailendra Bhandare, partner at Khaitan & Co, explores the short and long-term impact of the move to abolish India’s  IP Appellate Board.

“A matter of survival”: Trademark Express prevails in long-running dispute with LegalForce
15 Apr 2021

“A matter of survival”: Trademark Express prevails in long-running dispute with LegalForce

A US district court has found in favour of Trademark Express in a long-running and bitter dispute with LegalForce RAPC Worldwide, deciding that the former had not been engaged in the unauthorised practice of law. ”

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16 Apr 2021

The KOTEX case or the importance of expressly stating the grounds on which an opposition is based

In a victory for Kimberly Clark Worldwide Inc, Peru’s Administrative Court of Appeals has declared - pursuant to a Supreme Court of Justice order - the nullity of two resolutions issued over 14 years ago in a dispute involving two KOTEX marks. Read more

15 Apr 2021

How to squeeze the best value out of newly acquired brands – a step-by-step approach

The long read: Poorly kept portfolios and badly managed assets can scupper the value of a tempting brand acquisition. However, the careful and methodical approach outlined here can help buyers and sellers alike avoid these pitfalls and maximise the chances of a successful M&A. Read more

15 Apr 2021

Success for Andreas Stihl as General Court finds that colour combination mark is valid

This decision of the General Court highlights that it is crucial to include precise descriptions in applications for the registration of trademarks consisting of a combination of colours. Read more

15 Apr 2021

Federal Circuit: you can’t camouflage express trademark contract terms

This dispute between the US Army and a brand management company that sold clothing bearing the Army logo addresses a range of trademark licensing issues. Read more

News

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11 Apr 2021

INFORM Consumers Act row; strategic takeaways from Brand Strategy India; new WTR Special 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

8 Apr 2021

New WTR report charts the rise of mass filers and impact on trademark ecosystem

Whether they are specific individuals or particular jurisdictions, the rise to prominence of mass filers over the past few years has had a significant impact on the trademark landscape. Read more

4 Apr 2021

ICANN 70 takeaways; Nike ‘Satan Shoes’ spat; tips for well-known status in China; 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

28 Mar 2021

Alibaba anti-counterfeiting success; the power of green brands; US attorney solicitation email concerns; 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

Analysis

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8 Apr 2021

Seven strategic takeaways from Brand Strategy India 2021

Over the past two days, WTR has hosted a number of ‘Brand Strategy India’ sessions at the IPBC India virtual event. These discussions  have offered a range of critical takeaways for rights holders. Read more

7 Apr 2021

“Offensive trademark owners have an enforcement problem” – study calls for Brunetti rethink

A new study has analysed the impact of the Iancu v Brunetti Supreme Court decision, and argues that the owner of offensive trademarks can be denied enforcement in infringement actions and customs seizures. Read more

29 Mar 2021

Nestlé scours for attractive brands to keep itself on top of the market

The Swiss multinational has an arsenal of iconic brands and local favourites, which it keeps up to date by adding and dropping businesses in line with evolving consumer tastes. Read more

22 Mar 2021

Inside the Novartis legal brand protection team – and how paralegals are central to its strategic success

With the rise of new technologies, increasingly complex commercial environments and the need to juggle finite resources, the role of the paralegal is constantly challenged and evolving. Read more

Research

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15 Jan 2021

Analysis of the top representatives of Chinese applicants at USPTO reveals strange ebb and flow in workloads

Trademark data shows peculiarities in the mega filers’ activity, particularly within Jonathan Morton’s portfolio. Read more

25 Sep 2020

US and China driving international trademark applications, but question mark looms over the pandemic's impact

This week’s data analysis tells you everything you need to know about international registrations trends over the years, and gives a first look at the 2020 state of play. Read more

11 Sep 2020

Russia exhibits strong filings growth on the back of changes to its intellectual property system

Back-end work continues to improve the registry and trademark landscape. Subsequently, there has been a noticeable uptick in local brands pushing for the protection of their rights. Read more

4 Sep 2020

The TikTok brand has gone global, which is a great feat, but now it faces a reckoning in the US

The video-sharing app is a highly attractive brand for its resonance with the Gen-Z demographic, but its relationship with China and status as a social media giant will create risks for whoever takes it on. Read more

Insight

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23 Sep 2020

Copyright’s revenge on designs: Italian Supreme Court applies CJEU Cofemel ruling

An Italian Supreme Court decision concerning the layout of Kiko make-up stores is a welcome sign of the harmonising effect of the Court of Justice of the European Union’s Cofemel ruling, but could open the door to the protection of 3D designs with little originality or that are mainly functional. Read more

23 Sep 2020

How to determine the best form of protection for a product’s appearance

Trade dress may be the go-to choice for protecting a product’s appearance or configuration, but other IP rights have plenty to offer. Read more

23 Sep 2020

Getting creative: when to protect trade dress under trademark or competition law

In the absence of trade dress-specific legislation, rights holders in China must manoeuvre around the Trademark Law and the Anti-unfair Competition Law if they are to protect their unique designs effectively. Read more

23 Sep 2020

The pros and cons of industrial designs, trademarks and trade dress

Having a distinct look is the best way for a product to stand out from the competition, but as Mexico awaits further guidance on new trade dress provisions, how should brand owners choose the right protection for their designs? Read more

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