China

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.

Live updates: IP offices implement measures in wake of coronavirus crisis
Trademark strategy is an early focus of the world’s top disruptors
3 Jul 2020

Trademark strategy is an early focus of the world’s top disruptors

Analysis of this year’s disruptor list reveals that these start-ups defy the typical IP filing process.

Bordeaux wine win in China; USPTO seeks TPAC nominations; Iskcon declared well known – news digest
30 Jun 2020

Bordeaux wine win in China; USPTO seeks TPAC nominations; Iskcon declared well known – news digest

In our latest round-up, we look at the Qatar versus Saudi Arabia piracy battle escalating, former employees of Hermès appearing in court for counterfeiting, a legal blow for Stan Lee’s daughter, and much more.

Latest

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10 Jul 2020

Blow for Marriott as court finds that cease and desist letter can trigger non-infringement suit

This decision of the Pudong New District Court in a case involving a local company and international hotel chain Marriott Worldwide Corporation has been selected as one of the top 10 IP cases of Pudong New District for 2019. Read more

8 Jul 2020

Beijing Higher People's Court issues new guidelines for assessment of damages in IP cases

The Guiding Opinion issued by the Beijing Higher People’s Court on 21 April 2020 should provide valuable guidance to IP rights holders when seeking damages from infringers. Read more

8 Jul 2020

Trademark litigation forum shopping in China – what the data tells us

Venue selection is one of the most important considerations when litigating in China. Analysis of more than 11,000 court judgments issued in 2019 provides critical insight, which in turn allows for more nuanced strategic decisions. Read more

6 Jul 2020

Supreme People’s Court opinion directs judges to protect owners’ rights

A wide-ranging opinion recently issued by the Supreme People’s Court provides guidance on how the courts can better protect IP owners’ rights and promises to support trademark owners’ anti-counterfeiting actions. Read more

Anti-Counterfeiting

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29 Jun 2020

“Encouraging message to brand owners” – why Under Armour’s victory in China is bad news for counterfeiters

Under Armour has prevailed in a long-running dispute with clothing firm Uncle Martian in the Chinese Supreme People’s Court, which “sends an important message” to counterfeiters in China. Read more

23 Jun 2020

Unauthorised branded face masks; Rolex opposition win; Josie Maran targets Amazon seller – news digest

In our latest edition, we look at Dreyer’s Grand Ice Cream renaming Eskimo Pie, the owner of a Chinese pharmacy chain sentenced to jail for the sale of counterfeit masks, and much more. Read more

18 Jun 2020

Weidian, “the eBay of China”, emerges as popular platform for counterfeiters

WTR investigates how Chinese online marketplace Weidian works, the types of fake products available, and why it should be on the enforcement radar of all brand owners. Read more

4 Jun 2020

Yupoo remains popular shop front for counterfeit goods; how brands can fight back

A WTR investigation has found that Chinese image network Yupoo remains a popular haven for counterfeiters. In response, a Yupoo representative claimed that the company respects IP rights and cannot be blamed for fakes promoted on its platform. Read more

Brand management

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26 Jun 2020

Kraft Heinz finally sees a positive quarter, but innovation and licensing key to maintaining momentum

The company has struggled as consumers increasingly opt for healthier products. Now it is seeking new ways to monetise its iconic brands while simultaneously implementing a transformation strategy. Read more

26 May 2020

Manchester United targets Football Manager; Alibaba cooperation call; new gTLD use rising – news digest

In our latest edition, we look at China hitting back at covid-19 infringers, Off-White continuing to seek a red zip-tie trademark, IP complaints going digital in Bahrain, and much more. Read more

15 May 2020

What the Virgin Media and O2 deal tells us about the branding struggles of telecom providers

The industry’s major players do a poor job of building consumer loyalty, and there is the constant risk of smaller, more flexible companies disrupting the market. Read more

29 Apr 2020

“Purely political act”: Amazon hits out as platforms join Taobao on USTR notorious markets list

Five Amazon platforms have been added to the USTR's notorious markets list, with Amazon hitting back at the findings by describing it as advancing a “personal vendetta” of the Trump administration. Read more

Enforcement and Litigation

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1 Jul 2020

Punitive damages: a powerful weapon to protect trademark rights in China?

Following a series of decisions issued in trademark infringement cases involving brands Hey Tea and TikTok, as well as an opinion of the Supreme People's Court, many believe that punitive damages will soon be commonly awarded in infringement cases in China. Read more

29 Jun 2020

SPC denies trademark infringement in bad-faith lawsuit against Michael Kors

The Supreme People’s Court of China has confirmed the dismissal of an infringement action filed by the owner of the MK logo against clothing company Michael Kors. The fact that the plaintiff sought to benefit from Michael Kors’ reputation led to its downfall, but some of the court’s findings seem debatable. Read more

3 Jun 2020

Study calls for shake-up of geographical indications to forge path towards universal trademark system

In conversation with WTR, the academic behind the research says a shake-up of indications of geographical origin could be the first step towards the “high ideal” of a universal trademark system. Read more

3 Jun 2020

Where to win the highest damages in Chinese litigation

Exclusive 2019 data reveals the best courts for plaintiffs looking to secure compensation in a trademark dispute. Read more

Government/Policy

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20 May 2020

While China remains in the IP policy crosshairs, on the ground momentum is positive

In our latest opinion piece we observe that, while the US-China war of words over IP protection continues to grab headlines, the Asian country is going about its business. Read more

17 Apr 2020

Countering the inevitable flood of covid-19 trademark applications

Trademark offices around the world have seen a spate of applications for terms related to covid-19 and the coronavirus. Read more

14 Apr 2020

Verizon recovers infringing covid-19 domain names; Michael Jordan ends long-running dispute; Syria fee changes – news digest

In our latest edition, we look at Tom Brady’s trademark filing spree, a law firm offering pro bono covid-19 patent protection representation, how voice commerce will be a “game-changer” for brands, and much more. Read more

10 Apr 2020

How to make change happen in the trademark landscape

Lobbying is fundamental for anyone looking to transform the ways in which intellectual property is practised – but what works best? We compare tried and tested methods from around the world Read more

Law Firms

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28 Apr 2020

China vows counterfeit crackdown; astronaut trademark lawsuit; Trump issues World IP Day proclamation – news digest

In our latest edition, we look at a cruise line filing a trademark application for sanitary masks, INTA opening up nominations for the Tomorrow’s Leader Award, a covid-19 opportunist’s “genius” plan unravelling, and much more. Read more

31 Mar 2020

ECTA 2020 postponed; Stone Brewing case update; another Chinese perspective on coronavirus – news digest

In our latest round-up, we look at counterfeit Rolex watches being seized in Philadelphia, WIPO giving an update on World IP Day, preparing for a trademark filing flurry linked to Harry and Meghan, and much more. Read more

20 Mar 2020

Singapore’s goal of achieving top-tier status as a hub of innovation and IP looks attainable

Its local brands have an international focus, and big global names also flock to this market. Read more

18 Mar 2020

“We will weather the storm” – coronavirus perspective from a Chinese IP practitioner

In an exclusive insight, a leading trademark attorney in China provides an update on what the situation is like on the ground for IP law firms, and offers advice to practitioners who may now be changing their workflow due to measures related to the Covid-19 pandemic. Read more

IP Offices

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17 Jun 2020

Mysterious Chinese entity sits atop USPTO top filers list, alongside Everglades College, Marvel and Walmart

This data deep dive explores US filing strategies by country, revealing that Chinese applicants increasingly favour direct applications while European-based businesses continue to utilise the WIPO route. Read more

27 May 2020

Trademarks rocket while designs level off: UKIPO releases latest annual filings data

The UKIPO has published its annual Facts and Figures Report. We drill down into the data to reveal the most notable findings. Read more

21 May 2020

Trademark filing levels recover but long-term picture remains in doubt

After an initial slump in global trademark filing levels in the wake of the coronavirus outbreak, data reveals that numbers have started to return to normal at several major offices. Read more

8 May 2020

Trademark applications will drop during the coronavirus crisis, but globalisation offers hope of a speedy recovery

A new report from TrademarkNow explores the impact of two major recessions on USPTO filings, giving insight into what is to come. Hint: it’s not all doom and gloom. Read more

Online

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21 Apr 2020

“Online auctions of trademarks are on the ascendancy in China”: reflections on the QVOD portfolio sale

Last week in China, an auction of 234 trademarks owned by Shenzhen QVOD Technology Co took place on Alibaba’s auction platform, in a two-day bidding war closing at Rmb9.5 million. Read more

27 Feb 2020

How intellectual property transformed the e-sports industry: interview with Fnatic’s Andrew Cooke

In a conversation with WTR, Andrew Cooke, general counsel of e-sports team Fnatic, reveals that an entire generation of e-sports athletes are waking up to the power of their IP as brands race to catch up with this rapidly evolving consumer market. Read more

3 Feb 2020

Corona beer or Coronavirus? How a brand should handle potentially damaging mix-ups

While there is cause for alarm in many industries whenever a potential new pandemic arrives, one company has found itself in the spotlight for a different reason following the coronavirus outbreak – the Corona beer brand. Read more

16 Jan 2020

China’s new E-commerce Law: tools in the fight against IP rights infringement

China’s new E-Commerce Law, which entered into force on 1 January 2019, is a remarkable piece of legislation establishing a comprehensive framework for the regulation of the largest online retail market in the world. Read more

Portfolio Management

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13 May 2020

Significant victory for New Balance as Supreme People’s Court invalidates two logo marks

There are several important lessons to be learnt from New Balance’s success before China’s Supreme People’s Court in this case - the most important being that brand owners should persist through challenging cases and appeal to the Supreme People’s Court if necessary. Read more

4 May 2020

Apple's 'Face ID' trademark considered to be distinctive as a whole in China

The Beijing High Court has upheld a Beijing IP Court judgment, allowing the registration of Apple Inc’s ‘Face ID’ trademark in Class 9 for “computers, phones, 3D glasses”. Read more

27 Mar 2020

Twitter: the land of risk and opportunity

The social media giant has found its voice, and is helping others to build and differentiate their own brands Read more

19 Mar 2020

Trademark agencies fined for seeking to register names of Wuhan coronavirus hospitals in bad faith

Two Chinese trademark agencies have been fined Rmb100,000 for filing bad-faith applications for the marks HUOSHENSHAN and LEISHENSHAN – the names of the hospitals built to treat coronavirus patients in Wuhan City. Read more

Trademark law

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23 Apr 2020

Inside Treasury Wine Estates’ 10-year battle to register its Penfolds mark in China

WTR speaks to Treasury Wine Estates’ global director of intellectual property to get the inside track on how the company prevailed in a decade-long trademark squatting case. Read more

23 Apr 2020

Procedures and strategies for anti-counterfeiting: China

The Product Quality Law and the Anti-unfair Competition Law also provide important IP provisions for anti-counterfeiting and falsified trademarks. Read more

7 Apr 2020

“The most significant precedent”: New Balance scores China Supreme Court victory against copycats

China’s Supreme People’s Court has invalidated two trademarks imitating the signature N mark owned by New Balance. The company’s Shanghai-based IP counsel describes the decision as “a powerful weapon” for all brand owners. Read more

6 Apr 2020

OEM for export: balancing trademark rights and Chinese economics

Despite courts vacillating between opposing positions on whether affixing a trademark to OEM goods for export constitutes use or non-use of a trademark, the Supreme People’s Court now appears to have settled on an answer. Read more