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.
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.
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
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
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
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
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
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
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
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
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
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
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
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