Asia-Pacific

The dangerous legacy of Axact: how a ‘diploma mill’ in Pakistan led to a trademark scam epidemic

After a year marked by fraud targeting brand owners, an expert reveals how notorious IT firm Axact, which ceased operations following a high-profile legal investigation, directly led to ongoing scam operations.

The dangerous legacy of Axact: how a ‘diploma mill’ in Pakistan led to a trademark scam epidemic
Live updates: IP offices implement measures in wake of coronavirus crisis
25 Nov 2021

Live updates: IP offices implement measures in wake of coronavirus crisis

As the novel coronavirus epidemic continues to spread across the globe, WTR provides an updated look at measures that national IP offices have launched in response.

INTA 2022 venue switch no surprise but Asia event will be high on future agenda
20 Nov 2021

INTA 2022 venue switch no surprise but Asia event will be high on future agenda

INTA will be hosting its 2022 Annual Meeting in Washington DC as a physical event with virtual elements. But the association will be keen to head back to Asia before 2024, this week’s Saturday opinion argues.

Latest

View all
25 Nov 2021

Case law precedents offer useful guidance for trademark disputes

In Russian trademark law, the first-to-file principle officially gives priority to a mark that has been registered over one that has been used, however, in practice prior use can win out. A closer examination of past cases offers some clarity. Read more

24 Nov 2021

Keeping trademarks ‘fresh’: the onus is on the opponent

This decision of the Federal Court of Australia demonstrates that unused marks can be successfully defended against non-use removal in certain circumstances. Read more

23 Nov 2021

Amendments to Criminal Procedure Code set to facilitate criminal enforcement of industrial property rights

Amendments to Vietnam’s Criminal Procedure Code have recently been passed, removing a cumbersome requirement that has been hampering the enforcement authorities’ efforts to bring criminal actions against offences under Article 226.1 of the Penal Code. Read more

19 Nov 2021

Shell ditches ‘Royal Dutch’; INFORM Consumers Act applauded; EUIPO adjusts attachment pilot – news digest

In our latest round-up, we look at Authentic Brands Group buying a UK photography archive, 10 million adverts for counterfeit goods being removed, and much more. Read more

Anti-Counterfeiting

View all
9 Nov 2021

Maradona trademark dispute; Afghanistan IP office resumes operations; Ghana joins Geneva Act – news digest

In our latest round-up, we look at Chinese buying agent WeGoBuy launching an offer to users of a counterfeits forum, PepsiCo being ordered to cease use of its ‘Rise’ name, and much more. Read more

2 Nov 2021

Squid Game streamer dilemma; Meta PCs changes name to Facebook; Walmart and Gap reunite – news digest

In our latest round-up, we look at counterfeiting increasing by 56% in the Philippines, WIPO launching a young experts programme, and much more. Read more

26 Oct 2021

Apple loses Huawei legal battle; Trump’s trademark spree; Gucci counterfeits seized – news digest

In our latest round-up, we look at CPA Global announcing that it will go by Clarivate, how e-commerce is used to peddle fake goods, and much more. Read more

16 Oct 2021

Superbuy and WeGoBuy need to be on counterfeit enforcement radars

Two of the biggest Chinese shipping agents appear to be helping to make buying counterfeits more convenient and therefore worsening the battle against fakes, argues our Saturday opinion. Read more

Brand management

View all
18 Nov 2021

Enforcement tips from Starbucks; Mastercard recognised for bettering society; judges look to the future – INTA 2021 report

WTR offers more highlights, learnings and observations from the midway point of INTA's 2021 Annual Meeting. Read more

16 Nov 2021

“The change starts with you” – INTA embraces diversity message in 2021 Annual Meeting opening ceremony

The 2021 INTA Annual Meeting kicked off with an inspiring message to delegates on the importance of diversity, equity and inclusion and becoming a brand steward. Read more

15 Nov 2021

From Singapore to Washington DC: INTA announces 2022 Annual Meeting plans

INTA has announced that its 2022 Annual Meeting will be held in Washington DC as a physical event with virtual components. Read more

11 Nov 2021

Squatting evolution in China: why your mid-sized brand could be at risk

A curious case involving US lifestyle range the Pioneer Woman and a lone individual in China serves as a warning that alleged trademark squatters are switching tactics in their attempts to target mid-sized brands. Read more

Enforcement and Litigation

View all
19 Nov 2021

Delhi High Court: intent to target Indian market is sine qua non condition to exercise jurisdiction

Tata Sons failed to prevent Hakunamatata Tata Founders and others, which deal in cryptocurrency under the name/mark TATA COIN/$ TATA, from using the trademark TATA. Read more

18 Nov 2021

Highest-ever amount of damages awarded to New Balance in trademark infringement action

New Balance has been awarded Rmb18 million in damages in a trademark infringement action brought against a Chinese shoemaker - which is significantly higher than the maximum amount of statutory damages established by law. Read more

17 Nov 2021

Supreme Court rules on judges’ discretion to decrease amount of compensation for trademark infringement

Trademark owners may claim compensation for infringement under Article 1515 of the Russian Civil Code by choosing one of three methods of calculation. Although the outcome of claims based on option 1 is the least predictable, two recent rulings have shed some light of this issue. Read more

15 Nov 2021

Patent Court holds that ASICS' use of Novak name is not trademark use

This is the first time that a Korean court has considered whether the use of a famous person's name as part of a collaboration contract amounts to trademark use. Read more

Government/Policy

View all
12 Nov 2021

New IP office standards body set to launch in effort to combat stark digital disparities

The International Intellectual Property Standards Group will launch in the coming months with the aim of advocating for improved standardisation at IP offices, WTR can reveal. Read more

10 Nov 2021

“Enormous momentum” – global spread of plain packaging revealed in new report

A new report delves into health warnings and plain packaging on tobacco products, revealing a significant uptick in brand restrictions over the past couple of years. Read more

28 Oct 2021

Inside China’s evolving approach to tackling bad faith trademarks

The Long Read: The authorities and legislative bodies in China have been implementing a range of measures to tackle the rampant problem of bad-faith applications targeting third-party brands. However, for rights holders, the nuance is all important. Read more

22 Oct 2021

Nauru opens trademark office; Facebook plans new name; Tencent named China’s most valuable brand – news digest

In our latest round-up, we look at the Brazilian IPO introducing GI stamps, the SUN JAM trademark case being settled in Zimbabwe, and much more. Read more

Law Firms

View all
1 Nov 2021

Spruson & Ferguson Australia becomes country’s largest IP firm as combination confirmed

In a major move, Shelston IP and Spruson & Ferguson have officially joined forces to create Spruson & Ferguson Australia. Read more

15 Oct 2021

2021 INTA Annual Meeting capsule keynotes; fountain pen trademark drama; Disney+ to expand into Asia – news digest

In our latest round-up, we look at Montenegro expanding its TMclass participation, KIPO seeing a significant increase in covid marks, and much more. Read more

5 Oct 2021

INTA highlights Asia counterfeit developments; UKIPO appoints new chair; WIPO calls for covid-19 action – news digest

In our latest round-up, we look at the EUIPO reaching 1.5 million design applications, H&M capitalising on branded merchandise, and much more. Read more

28 Sep 2021

Disney sues over Marvel superhero rights; Reebok and Jelly Belly partnership; INTA and Wanhuida sponsorship – news digest

In our latest round-up, we look at a new study painting a worrying picture of lawyer wellbeing, PepsiCo introducing top brands to SodaStream, and much more. Read more

IP Offices

View all
4 Nov 2021

“Disgusting fraud” – USPTO targets Trademark Terminal operator Abtach with scathing show-cause order

In one of the biggest anti-fraud crackdowns in its history, the USPTO has issued a show-cause order to Pakistan-based company Abtach Ltd. Read more

29 Oct 2021

Register tracker: trademark trends in Asia (May – August 2021)

Major Asia markets are faring better than Europe and North America from a trademark filings perspective. Read more

22 Oct 2021

The pandemic’s delayed impact on the trademark landscape

2020 was a record-breaking year, but opposite trends are taking place in 2021. Read more

20 Oct 2021

Trademark applications from China are on a downward trend around the world

Data analysis suggests that political factors are likely responsible for a change in filing patterns from trademark applicants in China. Read more

Online

View all
9 Nov 2021

IP Court decision highlights evidence of use required to defend against non-use cancellation action

This decision of Taiwan’s IP Court demonstrates what type of evidence is required to prove trademark use when the mark at issue is used on a website that does not have a ‘.tw’ top-level domain. Read more

2 Nov 2021

Philippines businessman plans Archewell launch in US, vows to block Duke and Duchess of Sussex

A small business owner who last year became embroiled in a trademark dispute with Prince Harry and Meghan Markle has told WTR he plans to launch his Archewell Cosmetics brand in the US. Read more

21 Oct 2021

Covid and counterfeits: how brand owners are fighting back against pandemic opportunists

In an exclusive guest post, experts at Gowling look at how brand owners have tackled a significant rise in counterfeit goods during the covid-19 pandemic. Read more

13 Oct 2021

Brand enforcement takeaways from Brand Strategy Southeast Asia

This week, IPBC Southeast Asia, hosted by IAM, and WTR’s Brand Strategy Southeast Asia, were hosted simultaneously. Read more

Portfolio Management

View all
10 Nov 2021

Uzbekistan amends trademark and copyright laws - what you need to know

The amendments have brought about some significant changes, including the introduction of the expedited examination of trademark applications. Read more

29 Oct 2021

Delhi High Court: Section 124 does not bar continuation of passing-off suit during pendency of rectification petition

The Delhi High Court has clarified that a passing-off suit is not covered by the scope of Section 124 of the Trademarks Act and need not be stayed during the pendency of rectification proceedings. Read more

21 Oct 2021

Federal Court rules that the variation of a plaintiff’s registered mark is not a remedy in an infringement action

In a landmark decision, the Malaysian Federal Court has ruled that a plaintiff in an infringement action is not legally obliged to consider the option of co-existence on the ground of honest concurrent use. Read more

14 Oct 2021

Recovering a trademark after a bad-faith registration: recent decision offers hope to legitimate brand owners

A major problem with first-to-file systems is that bad-faith applicants may be able to obtain a trademark registration before the legitimate brand owner. However, a recent decision by a Thai court shows that there is a solution to this issue. Read more

Trademark law

View all
6 Sep 2021

“A quantum leap forward for Fiji brand protection” – praise for first new Trademarks Act in 90 years

The Pacific nation of Fiji has a new Trademarks Act that is set to replace its nearly century-old trademarks act and “has the potential to be amongst the best in the world for a country of its size”. Read more

19 Aug 2021

China’s trademark levels are back on the rise after a relatively slow 2019

The Long Read: WTR’s annual Asia-Pacific deep dive is here, revealing 2020’s top corporate and law firm filers, major trends and everything in between. Read more

29 Jul 2021

A new era of working with influencers in India: what brand owners need to know

In an exclusive guest post, Remfry and Sagar partner Samta Mehra looks at the rapidly changing regulations for influencer advertising in India. Read more

28 Jul 2021

From Tokyo to Brisbane: inside the ever-evolving Olympic brand protection strategy

Jayne Durden, vice president, law firm strategy at Anaqua, reveals how the International Olympic Committee enforces the Olympic brand and what actions sponsors and advertisers should take through every stage of the Olympic cycle. Read more