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Coronavirus phishing warning; USPTO responds to WIPO election; Microsoft sued in Azure dispute – news digest

In our latest edition, we look at lawyers decrying ‘dumb’ and ‘gross’ coronavirus vaccine trademarks, the UK police seizing over £7 million in suspected fake goods, and much more.

27 Feb 2020

Most TikTok influencers at risk of brand infringement; urged to consider trademark protection

TikTok has become a global phenomenon over the past 12 months, but research from WTR reveals that the vast majority of the platform's most popular content creators have taken no steps to protect their brand assets.

14 Feb 2020

India to reassess IP laws; Amazon tops brand intimacy ranking; Valentine’s fakes warning – news digest

In our latest edition, we look at fakes markets in China being closed during the coronavirus epidemic, Netflix suffering a blow in ‘choose your own adventure’ dispute, and much more.

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24 Mar 2020

Bombay High Court comes down on infringers for copying BIG BROTHER and BIGG BOSS marks

The Bombay High Court has prevented Andaman Xtasea from using the ANDAMAN BIG BRO and ANDAMAN BIGG BOSS marks, as well as certain taglines and the depiction of an eye, ruling that it was nothing but an attempt to come as close as possible to Endemol’s marks and deceive the public. Read more

17 Mar 2020

Trademark procedures and strategies: India

In India, trademarks are protected through a combination of both specific statutes (eg, the Trademarks Act 1999) and ancillary legislation. Read more

27 Feb 2020

Delhi High Court: Amazon entitled to rely on exhaustion defence and claim safe harbour protection

In a landmark decision, the Division Bench of the Delhi High Court has set aside a decision preventing Amazon Seller Services, Cloudtail and Snapdeal from selling the goods of direct-selling entities Amway India, Oriflame India and Modicare. Read more

3 Feb 2020

Thirteen counterfeit hotspots in India that brand owners must be aware of

In the latest instalment in our regular series on marketplaces around the world that are reportedly notorious for being counterfeit havens, we head to India. Read more

Anti-Counterfeiting

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19 Nov 2019

“A step in the right direction” – IP experts on brand protection implications of India’s draft e-commerce rules

The Indian government has released a draft of its new e-commerce rules, with some provisions addressing counterfeit goods. Talking to WTR, a number of India’s most high-profile IP experts praise the draft rules, although some claim that they do not go far enough. Read more

21 Aug 2019

From Jumia to Ozon: the regional e-commerce sites that rights holders need to be policing

Outside of North America and China, new ecommerce marketplaces are springing up at an increasing rate. As these regional platforms grow, infringers have swarmed to them in response to the global platforms’ growing anti-counterfeiting efforts. Read more

9 Aug 2019

INTA heads to New Delhi, Gatorade victory, and ‘fake IP lawyer’ pleads guilty: news digest

In our latest edition, we look at Porsche revealing its brand protection secrets, Mastercard launching a blockchain program to track fake fashion, WIPO offering a mediation incentive, CNIPA opening a new office, and much more. Read more

23 May 2019

Bombay High Court quotes Mahatma Gandhi in yet another decision imposing heavy costs on infringers

In Nippon Steel & Sumitomo Metal Corporation v Jain, the Bombay High Court has decided to make an example of the defendants and imposed hefty costs of Rs50 million. Read more

Brand management

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8 Jan 2020

The risk factor in religious marks: a study of four major jurisdictions

An Indian court recently ruled that God's name was registrable as a trademark. We spoke to experts across four key jurisdictions about the different risks brands should be aware of before registering a religious name as a mark. Read more

2 Jan 2020

Better together: licensing best practice for the Indian market

India is one of the fastest growing economies in the world and has seen a spurt in inbound as well as outbound investments involving trademark licensing agreements. However, there are crucial legal considerations to balance with commercial plans. Read more

12 Dec 2019

Meme theft: how legal should engage with social media marketing to handle repost crises

Social media marketing departments are reposting UGC on their own sites often with little or no credit to the original creator, which should ring alarm bells for trademark counsel. Read more

10 Dec 2019

Frozen 2 versus Christian Louboutin: could Anna’s red-soled shoes lead to a trademark dispute?

In Disney's Frozen 2, main character Anna is seen wearing red-bottomed boots, with some claiming a similarity to the iconic footwear of fashion brand Christian Louboutin. We speak with IP experts on the issues potentially at play. Read more

Enforcement and Litigation

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31 Jan 2020

CENTRAL PARK case: Delhi High Court rejects 'common to the trade' plea

In Central Park Estates Pvt Ltd v Godrej Skyline Developers Private Limited, the Delhi High Court has upheld an interim injunction in favour of Central Park Estates prohibiting Godrej Skyline Developers from using the mark GODREJ CENTRAL PARK. Read more

10 Dec 2019

Geo-blocking or global take-down? Facebook keeps the question alive in Indian dispute

We highlight the implications of a developing dispute in India, where a court recently issued a blocking order directing Facebook, Google, YouTube and Twitter to take down and remove, on a global basis, particular defamatory videos. Read more

9 Dec 2019

Litigation procedures and strategies: India

4 Dec 2019

Delhi High Court declares that PULSE is a well-known mark

In Dharampal Satyapal Sons Pvt Ltd v Singhal, the Delhi High Court has permanently restrained the defendants from using the mark PLUSS for sweets and declared that the plaintiff’s mark PULSE was well known under Sections 11(6) and (7) of the Trademarks Act. Read more

Government/Policy

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25 Nov 2019

Inside INTA’s India operations: exclusive interview

Gauri Kumar joined INTA to take on the role of India consultant in June 2015. In an exclusive in-depth interview with WTR, she highlights the policy issues that brands should be tracking in the country. Read more

1 Oct 2019

Asia’s top filers reveal strong growth prospects

World Trademark Review takes a deep dive into the top Asia-Pacific trademark offices and how they are modernising their systems to better protect applicants and streamline procedures. While this has positively affected filing levels, economic performance and domestic businesses will be key going forward. Read more

30 Sep 2019

The top corporate and law firm filers in India revealed

Continuing our deep data dive into filing activities at the top Asia-Pacific registries, we explore why, despite a recent decline in filings at Intellectual Property India, registration figures have skyrocketed. Read more

11 Sep 2019

Calling for corrections: India IP office requests reports of trademark certificate errors

Intellectual Property India has issued a notice calling on rights holders to notify it of errors on historical trademark certificates. One market expert tells WTR of the headaches that some rights holders have faced due to errors. Read more

Law Firms

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15 Nov 2019

A very Miami trademark dispute, Project Zero launches in India, and Nike ends Amazon deal: news digest

In our latest round-up, we look at how a potential change to Instagram could impact DTC brands, how ‘water stewardship’ could boost brand value, a UKIPO office move, and much more. Read more

23 Jan 2019

You get what you pay for? Variances in law firm hourly rates revealed

New research has revealed the variance in the hourly rates charged by law firm practitioners for trademark-related work in key jurisdictions, with the hourly rate for a partner ranging from $30 to $880. Read more

13 Dec 2018

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade

In an exclusive interview, Allison McDade shared her approach to tackling imitation convenience stores in Asia and explained the challenges stemming from the company’s expansion. Read more

31 Aug 2018

Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more. Read more

IP Offices

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24 Jul 2019

China, India, US rise; Japan, Singapore, UK fall – Global Innovation Index 2019 report released

WIPO has revealed the world’s most innovative countries. In a new report it places Switzerland, Sweden and the United States at the top of the list, with the Netherlands, Singapore and the United Kingdom falling down the rankings. Read more

15 Mar 2019

Beyoncé trademark battle, Saudi fees fall, and HP on Paraguay fakes approach: news digest

In our latest edition, we look at India taking a step towards aligning itself with the global trademark system, Ghostbuster Dan Aykroyd prevailing in an infringement case, and much more. Read more

28 Dec 2018

IP India report reveals that Trademarks Registry has more work to do

The Trademarks Registry has made substantial progress to clear the backlog of opposition cases. Nevertheless, with fierce competition among emerging economies, there is more to be done. Read more

29 Oct 2018

India: the dawning of a new day

The Indian trademark office has made significant strides in improving its operations, efficiencies and digital efforts over the past 18 months. We look at how these could shape trademark protection in India in the coming years. Read more

Online

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11 Sep 2019

Travel portal to face trial in criminal proceedings for trademark infringement

In a dispute involving travel portals Ezeego and Make My Trip, the Bombay High Court has refused to quash an order for issuance of summons passed by the Magistrate’s Court in criminal proceedings for trademark infringement. Read more

26 Aug 2019

Fighting hydra-headed rogue websites: the rise of the dynamic injunction

The Delhi High Court’s decision to direct 'dynamic injunctions' against rogue websites in a bid to end the ‘whack-a-mole' headache is a progressive one. However, there is still more that could be done. Read more

14 Mar 2019

India’s upcoming data protection regime

India is on the cusp of enacting its first comprehensive legislation on data protection, a natural fallout of the nine-judge constitution bench of the Supreme Court recognising the right to privacy as a fundamental right in the historic judgment Justice KS Puttaswamy v Union of India (24 August 2017). Read more

25 Feb 2019

The digital revolution and the future of India’s financial service brands

India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement. Read more

Portfolio Management

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18 Nov 2019

Protecting and enforcing design rights: India

1 Oct 2019

Procedures and strategies for pharmaceutical brands: India

In early 2019 the Department of Industrial Policy and Promotion released a draft e-commerce policy to strengthen enforcement mechanisms for IP owners. Although the steps taken are generally welcome, there are some clauses which require further contemplation. Read more

2 Jul 2019

Bombay High Court: one cannot contend that a word is generic and seek registration of a mark where that word is dominant

In Royal Dryfruit Range v Royal Suvidha, the Bombay High Court has ruled in favour of plaintiff Royal Dryfruit Range and restrained defendant Royal Suvidha from using the trademark/trade name ROYAL SUVIDHA in respect of dry fruits. Read more

29 Apr 2019

How brands can avoid backlashes and PR blunders during India’s election

As India’s Lok Sabha elections reach their apex, multiple international and domestic brands have made a stamp on the election with intriguing marketing campaigns. Local experts tell WTR about the opportunities and risks of this activity. Read more

Trademark law

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22 Jul 2019

Why India’s colour-coded label plan should be a concern for FMCG brand owners

The Food Safety and Standards Authority of India is currently seeking comments on the draft of its new labelling and display regulation. In this guest post, rights holders in the food and drinks industry are warned over its potential negative impact on product packaging. Read more

28 Jan 2019

Litigation procedures and strategies: India

In 2015 the Indian legislature passed a new act – the Commercial Courts Act – which came into effect in January 2016, with the objective of streamlining and expediting commercial lawsuits, including IP disputes. Read more

7 Jan 2019

Protecting and enforcing design rights: India

While the Indian Patent Office has four branches (in Chennai, Delhi, Kolkata and Mumbai), there is only one branch of the Design Office, which is found in Kolkata. Read more

29 Oct 2018

How India is helping brands combat counterfeiting

India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise. Read more

Twitter

01 Apr 2020

@WTRmagazine RT @trevorclittle: The WTR Industry Awards shortlist has just been revealed. It is a reminder that, during these difficult times, companies… Read more

01 Apr 2020

@WTRmagazine WTR Industry Awards: the 2020 shortlisted teams and individuals unveiled. https://t.co/oWePT8TqZu #WTRAwards https://t.co/tFoAaElMHe Read more

01 Apr 2020

@WTRmagazine RT @techsonIP: Covid-19 emergency means the work of trademark counsel is more important than ever https://t.co/AEUHSCT8Xo Read more

01 Apr 2020

@WTRmagazine RT @MarksmenTweets: The CARES Act and the #USPTO: assessing the potential impact of the act’s provisions https://t.co/zlRIFDnNwf by @WTRMa… Read more

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Samson Gang Yu

Managing Partner

Beijing, China

Kangxin Partners, PC

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