Europe

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
Innovation at the Latvian Patent Office: exclusive insights
23 Nov 2021

Innovation at the Latvian Patent Office: exclusive insights

In an exclusive guest post, representatives from the Patent Office of Latvia reveal the agency’s recent developments of its digital tools and services for trademark users – and those planned for the future.

INTA reveals new Strategic Plan; NFTs to revolutionise anti-counterfeiting; INAPI gives Madrid Protocol update – INTA 2021 report
19 Nov 2021

INTA reveals new Strategic Plan; NFTs to revolutionise anti-counterfeiting; INAPI gives Madrid Protocol update – INTA 2021 report

For a final time, WTR takes a look at the highlights and learnings from this year’s INTA Annual Meeting.

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26 Nov 2021

Pfizer’s opposition against registration of RUXXIMLA partially successful

The case confirms that the high degree of attention of the relevant public in respect of goods/services related to the medical field does not automatically rule out the existence of a likelihood of confusion. Read more

25 Nov 2021

AC Milan fails to register AC MILAN mark for stationery

In a blow to AC Milan football club, the General Court has confirmed that there was a likelihood of confusion between the mark AC MILAN and the earlier German mark MILAN for Class 16 goods. Read more

25 Nov 2021

When refiling is a better option than renewing

There are valuable strategic benefits to refiling a trademark that has gone unused instead of renewing it - particularly in Serbia and Kosovo - with avoiding cancellation due to non-use being just one. Read more

24 Nov 2021

Nissan v EUIPO: General Court rules that E-POWER and VDL E-POWER are not confusingly similar

This dispute between Japanese car manufacturer Nissan and Dutch company VDL Groep highlights the role that company names can play within composite marks. Read more

Anti-Counterfeiting

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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

5 Nov 2021

EUIPO gears up for API launch; Buy Safe America Coalition calls for action; Fat Brands acquires Fazoli’s – news digest

In our latest round-up, we look at why brands with sonic logos are perceived as 5% more valuable, Coca-Cola gaining full control of BodyArmor, and much more. Read more

4 Nov 2021

Supreme Court clearly rejects ‘consumer error’ theory

In a case involving the sale of fake adidas garments, the Spanish Supreme Court has clearly and vehemently dismantled the ‘consumer error’ theory - a long-standing bone of contention in IP litigation in the country. 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

Brand management

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17 Nov 2021

Amazon to extend Black Business Accelerator; combatting mental health stigma; a musical message – INTA 2021 report

WTR presents highlights and observations from the first two days of the 2021 INTA 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

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

5 Nov 2021

Brand Tracker: key data insights into the trademark activity of the world’s major companies (May – August 2021)

Samsung seeks greater protection for its UTG brand, while Microsoft focuses on core name and products. Read more

Enforcement and Litigation

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23 Nov 2021

MONSTER ENERGY case: what’s in a coffee?

The General Court has found in favour of Frito-Lay Trading Company GmbH in another of its cases against Monster Energy Co concerning the MONSTER marks. Read more

22 Nov 2021

General Court considers likelihood of confusion between ‘Süzme Peynir’ marks

The mere fact that ‘Süzme Peynir’ means something (ie, ‘cottage cheese’) to the Turkish-speaking public was not sufficient to establish a particular category of consumers targeted by the application for PINAR SÜZME PEYNIR. Read more

19 Nov 2021

Supreme Court recognises need for legal certainty in assignment of IP rights

This decision of the Slovenian Supreme Court constitutes a crucial step towards legal certainty, clarifying the circumstances in which an assignment declaration or consent for transfer of an IP right will be considered valid. Read more

18 Nov 2021

Frida Kahlo: portrait of a woman

In these opposition proceedings before the EUIPO, Mexican artist Frida Kahlo’s unique image was deemed - somewhat surprisingly - as simply representing a portrait of a woman. Read more

Government/Policy

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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

29 Oct 2021

Amazon backs INFORM Act; INTA unveils capsule keynotes; Mattel expands Disney licensing – news digest

In our latest round-up, we look at the UK government launching a consultation on AI and IP, Jessica Simpson regaining control of her self-titled brand, and more. Read more

26 Oct 2021

“There are many great things that can be done with trademark data” – study reveals how IP analytics can help policymakers

New research has revealed how trademark filing data can be used to study the characteristics of regional economies, and may be a helpful tool for policymakers. Read more

19 Oct 2021

“Enormous significance” – Swiss Enforcement weighs in on importance of Iceland v Iceland

In an exclusive interview, Swiss Enforcement managing director David Stärkle reveals why the Iceland dispute at the EUIPO is important for the broader trademark ecosystem. Read more

Law Firms

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27 Oct 2021

Stellar speaker line-ups revealed for upcoming WTR events in Europe and the US

WTR is pleased to unveil the speaker line-up for its upcoming series of one-day events in London, San Francisco, Chicago and New York this December. 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

21 Sep 2021

Volkswagen drops ‘.brand’ new gTLD; Ice Cube likeness claim fails again; Watercress added to UK GI list – news digest

In our latest round-up, we look at how verification sticker labels are reducing counterfeit seed cases in Kenya, Nodwin Gaming acquiring an IP portfolio, and much more. Read more

IP Offices

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4 Nov 2021

Surprising UKIPO decision finds likelihood of confusion on the basis of non-distinctive and descriptive common element

In this guest analysis, Allen & Overy’s Robert Dickens argue that a recent UKIPO decision cuts across a fundamental principle of the trademark legal framework. 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

15 Oct 2021

Amendments to the Law on Industrial Property – key points for IP rights owners

Amendments to the Law No 9947 “On Industrial Property” have entered into force in Albania, introducing several novelties - including the formalisation of the System of Administration of Objects of Industrial Property. Read more

12 Oct 2021

Alibaba helps SMEs fight counterfeiters; EA considers FIFA rebrand; secrets of corporate logos – news digest

In our latest round-up, we look at Geek Bar launching anti-counterfeiting measures, Walmart and Netflix creating an exclusive retail hub, and much more. Read more

Online

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11 Nov 2021

Appeal court issues significant decision on jurisdiction in case of online infringement

This decision of the Regional Court of Appeal may encourage foreign companies with registered trademarks in Turkey to sue more readily in case of online trademark infringement. Read more

4 Nov 2021

Civil IP courts grant full protection to genuine rights holder against bad-faith registrant

The Turkish IP courts prioritised the legitimate rights of a foreign e-commerce platform over a local bad-faith registrant. 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

28 Oct 2021

General Court confirms that BLOCKCHAIN ISLAND lacks distinctive character

The General Court found that the relevant public would perceive the mark as a promotional reference to the status of an island as a hub for blockchain technology. Read more

Portfolio Management

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17 Nov 2021

Board of Appeal annuls refusal to register position marks for taxi services

The Board of Appeal has annulled decisions of the Estonian Patent Office refusing to register position marks consisting of a black checkerboard device on a yellow oval background placed on the front door of a taxi car. Read more

16 Nov 2021

General Court confirms likelihood of confusion between SYNDICATE marks

The General Court held that the consumers concerned would assume - or were liable to assume - that the mark RACING SYNDICATE was merely a special product line covered by the earlier mark SYNDICATE. Read more

16 Nov 2021

Bad news for Deckers as court issues decision in UGG boots case

This decision of the Serbian Commercial Court illustrates the importance of registering designs in order to be able to claim infringement. Read more

12 Nov 2021

CJEU: partial designs may be protected as unregistered Community designs

This judgment of the Court of Justice of the European Union is welcome in that it rejects the additional criteria that the German courts had tried to impose on design protection for parts of products. Read more

Trademark law

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11 Oct 2021

A “spectacular outcome” for H&M as Dutch Supreme Court rules in decades-long dispute with adidas

The Dutch Supreme Court has rejected an appeal by adidas, ending a decades-long dispute with H&M Hennes & Mauritz over its use of a two-stripe mark. Read more

9 Aug 2021

CCFN keeps an eye on Mexico GI regime after a year of USMCA

Focus remains on Mexico adhering to the terms of the United States-Mexico-Canada Agreement as Consortium for Common Food Names senior director Shawna Morris considers the treaty’s effects on geographical indications over the past 12 months. Read more

30 Jul 2021

Success for Lindt & Sprüngli; USPTO celebrates Lanham Act anniversary; Philippines joins TMclass – news digest

In our latest round-up, we look at Scamadviser announcing a new member, Ebro Foods looking to offload more brands, the UK government setting out its innovation strategy, and much more. Read more

29 Jul 2021

GI, PDO or TSG? How to choose the best options for traditional food and drink in Europe

The Long Read: Producers of traditional European food and drink have a buffet of IP rights to choose from. Baker McKenzie’s Claire France and Jessica Le Gros provide a straightforward guide to making the right selection. Read more