European Union

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
Exclusive roundtable – how three leading IP offices are stepping up their diversity, sustainability and accessibility agendas
17 Jun 2021

Exclusive roundtable – how three leading IP offices are stepping up their diversity, sustainability and accessibility agendas

The Long Read: The EUIPO, the Intellectual Property Office of the Philippines and the Chilean National Institute share insights into what they are already doing to address diversity and inclusion within the workplace, while reducing their carbon footprints, along with how they plan to improve further.

Observatory paper highlights good practices for social media companies to consider in fight against fakes
16 Jun 2021

Observatory paper highlights good practices for social media companies to consider in fight against fakes

A new discussion paper from the European Observatory on Infringements of Intellectual Property Rights has taken a deep dive into the challenges faced by IP owners, law enforcement authorities and tech companies in tackling infringement on social media.

Latest

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16 Jun 2021

General Court annuls EUIPO decision in HISPANO SUIZA case

The General Court found that the EUIPO was wrong to rule out, as a matter of principle, the relevance of the ‘market practice’ criterion in its examination of the similarity of the goods. Read more

12 Jun 2021

Why the UK could be flooded with cheap imported branded products if post-Brexit exhaustion of rights regime is changed

In this week’s opinion piece, Lee Curtis and Rebecca Field from HGF explain why it is crucially important for brand owners to have their say as part of the UK government's post-Brexit exhaustion of IP rights consultation. Read more

11 Jun 2021

Crocs calls out Skechers; LegalZoom gears up for initial public offering; SurveyMonkey rebrands as Momentive – news digest

In our latest round-up, we look at INTA updating its anti-counterfeiting best practices, the American Apparel & Footwear Association joining a campaign against illegal trade, Amazon and HanesBrands teaming up, and much more. Read more

10 Jun 2021

MUSEUM OF ILLUSIONS: an ultimately illusory risk of confusion

This decision of the General Court reiterates that, where a sign consists of both figurative and word elements, it does not automatically follow that it is the word element which must always be considered to be dominant. Read more

Anti-Counterfeiting

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8 Jun 2021

INTA seeks brand stories; IACC and National IPR Center partnership; new GIs in Pakistan – news digest

In our latest round-up, we look at China’s 2021 International Trademark Brand Festival being announced, the top Indian brands showing record brand value growth, Bed Bath & Beyond launching more private brands, and much more. Read more

7 Jun 2021

EU detentions tumble but value of seized goods unchanged as infringers shift product focus

Newly released data from the EUIPO reveals that detentions of IP-infringing goods at the EU border and within the EU market tumbled by over a fifth in 2019 – although the overall value of detained goods remained largely the same. Read more

31 May 2021

EUIPO observatory study reveals cybersquatting trends and tactics

New data from the EUIPO’s European Observatory on Infringements of Intellectual Property Rights has uncovered the tactics used by cybersquatters and how these differ according to the industry in which the targeted brand operates. Read more

17 May 2021

Seven takeaways on IP infringement in social media: what the data reveals

The European Observatory on Infringements of Intellectual Property Rights has studied almost 4 million online conversations and revealed that 11% of those focused on physical products could be related to counterfeit goods. Read more

Brand management

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19 May 2021

“The death knell for his portfolio” – Banksy loses another trademark in bitter IP dispute

A trademark owned by street artist Banksy has been declared invalid by the EUIPO, with the attorney for the opposing party claiming that “the real nail in the coffin” that led to the decision was “the public comments of Banksy and his lawyer”. Read more

6 May 2021

Functionality in the European Union and the United States: converging worlds or diverging approaches?

The Long Read: The two key markets show no sign of reaching a consensus when it comes to assessing this vital aspect of trademark protection. Thankfully, Baker McKenzie’s Vlotina Liakatou, Dyan House and Karen Hays have set out a focused checklist for brand owners looking to protect their intangibles in both regions. Read more

5 May 2021

European Commission launches non-agricultural GIs consultation as United States voices concern over extending protection

The European Commission is running a public consultation on creating a system for the EU-wide protection of geographical indications for non-agricultural products. Read more

5 May 2021

When a phrase becomes a brand: assessing the registrability of slogans as trademarks after Oatly

In this guest analysis, Carina Gommers, ECTA second vice president and a partner at Wiggin, considers a ruling that seems out of step with the established case law and could signal a more liberal approach towards slogan trademarks. Read more

Enforcement and Litigation

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7 Jun 2021

Good news for Ford as General Court confirms likelihood of confusion between KUGA and KUGOO

The General Court has handed a victory to US car manufacturer Ford Motor Company, finding that there was a likelihood of confusion between Chinese company Yongkang Kugooo Technology’s mark KUGOO and Ford’s earlier KUGA marks in Class 12. Read more

4 Jun 2021

Blow for Puma as General Court rules on conditions governing application of Article 8(5)

The General Court confirmed that Puma had not demonstrated how Gemma Group’s mark, which represents a bounding feline and covers industrial products, might devalue the image of Puma’s earlier trademarks. Read more

3 Jun 2021

General Court finds no likelihood of confusion between octagonal water bottles

The General Court held that the selling arrangements for the bottles - either in the food aisles of supermarkets or in bars/restaurants - meant that, prior to purchase, consumers would concentrate mainly on the word and figurative elements on their labels. Read more

28 May 2021

Bottle designs held to produce different overall impressions on informed user

The General Court confirmed that the differences between the designs, which represented beverage bottles, could be perceived by the informed user, notwithstanding the fact that the designs shared the same shape resembling the structure of a dumbbell. Read more

Government/Policy

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20 May 2021

Fraud concern as hundreds of applicant passport numbers discoverable online, including TMview

A fraud expert has voiced concern at passport numbers of trademark applicants being published by IP offices around the world, all of which are discoverable on the EUIPO’s TMview search platform. Read more

19 May 2021

TMview takes giant step forward as 32 million Chinese trademarks added to free database

The EUIPO and the China National IP Administration have today announced the availability of Chinese trademark data in TMview. Read more

4 May 2021

Wrigley takes on THC-infused Skittles; Diablo trademark dispute; EUIPO launches SME support fund – news digest

In our latest round-up, we look at a court valuing the name and likeness of Michael Jackson, Anaqua acquiring SeeUnity, ICANN publishing its ‘proposed for adoption’ financial and budget plans, and much more. Read more

21 Apr 2021

What the EU-China GI agreement means for rights holders

In this guest post, Susan Fan, senior trademark agent in the Rouse Shanghai office, reflects on the impact of the latest EU-China agreement on GIs and presents insight into local and international protection strategies. Read more

Law Firms

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4 May 2021

EIP and Stobbs team up in response to increasing need for specialism in the IP space

IP law firm EIP and UK-based intangible asset management company Stobbs have joined forces to further expand their specialist trademark services across Europe. WTR speaks to EIP CEO Magnus Hallin on how this unusual collaboration came about and the possibility of new services in the future. Read more

4 Jan 2021

Brexit: the long and winding road is not over yet

The transitional period may be over, but the Brexit saga is not. There are now numerous factors for trademark owners to bear in mind, with a host of new rules to become accustomed to. Read more

27 Oct 2020

Meissner Bolte

We got a brand-new, superb modern office in Dusseldorf – all our other offices are jealous! The Dusseldorf office has also been strengthened with the addition of attorney at law Michael Munsch and patent attorneys Markus Wanke and Constantijn van Lookeren Campagne. Read more

27 Oct 2020

GLP

We are proud to say that GLP has been involved in multiple litigation cases concerning large global companies. Read more

IP Offices

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29 Apr 2021

Exclusive roundtable – IP offices reveal how covid-19 could shape future operations

The Long Read: As remote working has become du jour for many, WTR asks the IP offices of Canada, the European Union, Singapore, South Korea and the United Kingdom to reflect on the ups and downs of operating during a global pandemic – and what might remain of the systems developed over the past year. Read more

16 Mar 2021

EUIPO approves blockchain platform; NFT trademark mystery; SHOP SAFE Act hearing set – news digest

In our latest round-up, we look at how the pandemic is changing consumer habits, Treasury Wine inking a licensing deal for its US brands, Iran joining the Madrid e-filing community, and much more. Read more

8 Mar 2021

“This just can’t be done by a human”: Simmons takes AI trademark tool Rocketeer to the market

Simmons & Simmons has officially launched its trademark conflict AI tool, Rocketeer, as a commercial product. Read more

8 Mar 2021

The changing landscape of the UK registered design system

Mewburn Ellis’ Robert Watson charts the evolution of the EU and UK designs regimes, arguing that the United Kingdom is entering an exciting time for a reinvigorated system. Read more

Online

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15 Feb 2021

81,000 ‘.eu’ domain names hang on the Brexit precipice

EURid has announced that it had suspended over 81,000 ‘.eu’ domain names held by registrants citing GB/GI as country code pursuant to the end of the United Kingdom’s 11-month Brexit transition period. Read more

9 Feb 2021

Clubhouse spat as $1 billion social network labelled a “bully” over app takedowns

The owner of the registered trademark CLUBHOUSE has accused the rapidly-growing social network app Clubhouse – which has garnered fans including Elon Musk – of spuriously seeking the removal of his app from marketplaces. Read more

4 Jan 2021

New year, same wait for WHOIS data access clarity as governments look to exert pressure

While efforts to develop a global access system for WHOIS data continue, recent developments in the United States and the European Union suggest that governments are willing to require more of registries and registrars. Read more

24 Nov 2020

Michael Gleissner: massive scope of trademark and domain portfolio revealed in exclusive data

A major new investigation from WTR has identified over 6,800 trademarks and 6,900 domain names that appear to be related to multi-millionaire and serial trademark filer Michael Gleissner. Read more

Portfolio Management

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26 May 2021

Priority periods do the long jump: RCD may claim priority from PCT application within 12 months

In a case involving applications for registered Community designs designating sports equipment, the General Court has stressed that the nature of the earlier right based on which priority is claimed is decisive to determine the duration of the priority period. Read more

24 May 2021

General Court provides guidance on bad faith in TORNADO case

The General Court stressed that, in the case of an application for invalidity under Article 52(1)(b) of Regulation 207/2009, there is no requirement whatsoever that the applicant for that declaration be the proprietor of an earlier mark for identical or similar goods or services. Read more

21 May 2021

Opponent’s prayers are not answered as General Court recognises strength of term ‘amen’

In a blow to Nema Srl, the owner of the mark AMEN, the General Court held that the term ‘amen’ possesses a clear and specific meaning which the relevant public would immediately understand, even in a non-religious context - unlike the contested sign ÂME. Read more

20 May 2021

Longines successfully opposes registration of figurative mark containing two extended wings

The General Court has handed a victory to Swiss luxury watchmaker Longines in opposition proceedings involving two figurative marks containing stylised wings for Class 14 goods. Read more

Trademark law

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23 Apr 2021

Five European Legal Updates you may have missed

WTR’s Legal Updates are written by a select panel of over 160 leading experts who analyse the latest trademark-related developments and decisions in more than 60 jurisdictions. Read more

18 Mar 2021

From Skykick to Brexit: the five EU developments every trademark expert needs to know about

The long read: We examine key takeaways from the biggest cases of the past 12 months and take a deep dive into what Brexit means for EU trademark owners. Read more

15 Feb 2021

International registrations, Brexit and trademarks in the Crown dependencies and Gibraltar

In a guest piece, Julius Stobbs, founder of Stobbs, details the current requirements for potential trademark registrants in these unique jurisdictions. Read more

14 Dec 2020

The evolution of EU design law: what you need to know

The review of design law in the EU is a hot topic following last month’s European Commission report. In an exclusive guest post, Andrea Leonelli from Allen & Overy looks at the findings and what could happen next. Read more

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