International

Lagging behind? Trademark issues revealed as substantial risk for esports industry

Major new survey finds IP and licensing are the most significant legal issues facing the esports industry. The findings reveal an opportunity for law firms across the world in the fledgling esports space.

Lagging behind? Trademark issues revealed as substantial risk for esports industry
11 Nov 2019

A new approach to deter and identify China’s internet counterfeiters – exclusive guest post

How brand owners can identify the producers and sellers of counterfeit goods in China, the threat of which could help curb their illicit activity altogether.

8 Nov 2019

Google’s tie-up with Fitbit, if successful, would open more doors than one

The tech giant has big plans within the wearable technologies sector, as it seeks to take a bite of Apple.

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11 Nov 2019

When "sweet water" becomes bitter

A three-member panel has denied the transfer of a domain name consisting of the Spanish generic term ‘agua dulce’ (‘sweet water’ or ‘fresh water’ in English) under the UDRP due to the lack of sufficient evidence supporting the targeting of the complainant’s trademark. Read more

10 Nov 2019

OpSec acquires MarkMonitor’s BP business; Korea’s copycat crackdown; WeChat’s USTR rebuttal; Red Cross exclusive interview; plus much more

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

5 Nov 2019

The positive placebo effects of high-performance brand reputation revealed

A recent study has brought to light new research revealing that trademarks with a performance-enhancing reputation have a positive placebo effect on consumers – the author telling WTR that the findings help challenge the assumption that consumers lose when they pay extra for a high-prestige brand. Read more

5 Nov 2019

OpSec to acquire MarkMonitor’s brand protection business as Clarivate looks to streamline offerings

OpSec Security and Clarivate Analytics have announced an agreement which will see OpSec acquire MarkMonitor’s brand protection, anti-piracy and anti-fraud business. The announcement came on the day that Clarivate reported its third-quarter results, the company noting that the move will allow it to streamline its IP solutions offerings. Read more

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Anti-counterfeiting

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30 Oct 2019

Registry and registrar DNS abuse framework: a positive step that falls short

A group of domain name registries and registers have developed a framework to fight abuse in the DNS. In this guest analysis, the development is welcomed but there are concerns over the narrow definition of DNS abuse. Read more

15 Oct 2019

Alibaba commended, PIPCU needs you, RPMs review update: takeaways from Brand Protection Online Europe

WTR held its inaugural Brand Protection Online Europe in London yesterday, which featured speakers from brands including Alibaba, PayPal, Superdry and Tommy Hilfiger. We share a variety of takeaways from the day. Read more

9 Oct 2019

Crowd-shipping: a new frontier in the fight against counterfeiting?

Multiple crowd-shipping platforms now allow the transport of small packaged goods to be handled by independent contractors. WTR looks into the potential challenge this may pose to brands and anti-counterfeiting professionals.  Read more

6 Oct 2019

TGI Fridays exclusive; new Amazon IP initiative; inside the McDonald’s brand portfolio; counterfeiting hotspots; plus much more.

Everything we covered on WTR over the last seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

Brand management

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31 Oct 2019

Still time to nominate the industry’s leading lights for recognition in the WTR 300

Nominate to ensure that the work undertaken by in-house professionals across the globe receives the recognition it deserves – and be in with a chance to win a free place at an upcoming WTR event. Read more

24 Oct 2019

The rise of competitive advertising: risk and opportunity in domain names using competitors’ marks

The likes of Apple, Dunkin’ Donuts, Microsoft and T-Mobile have all used third-party brands in domain names as part of creative marketing campaigns. Stephen Jadie Coates of Coates IP explores the dos and don’ts of using a competitor’s mark in a domain name. Read more

4 Oct 2019

As rivals take aim, McDonald’s eyes big tech to drive growth

The fast-food powerhouse has turned to machine learning tech in a bid to personalise the brand experience - however, its rivals have demonstrated that personality is as powerful as technology. Read more

1 Oct 2019

Stronger together: building diversity and inclusion through partnerships

From informal initiatives to formal programmes, diversity activities can take many forms at law firm level. Read more

Enforcement and litigation

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10 Nov 2019

OpSec acquires MarkMonitor’s BP business; Korea’s copycat crackdown; WeChat’s USTR rebuttal; Red Cross exclusive interview; plus much more

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

5 Nov 2019

The positive placebo effects of high-performance brand reputation revealed

A recent study has brought to light new research revealing that trademarks with a performance-enhancing reputation have a positive placebo effect on consumers – the author telling WTR that the findings help challenge the assumption that consumers lose when they pay extra for a high-prestige brand. Read more

5 Nov 2019

Tencent mounts defence of WeChat brand protection efforts, but key numbers not yet public

Tencent Holdings’ general counsel has submitted a rebuttal to criticism of the company’s brand protection activities on its WeChat platform, arguing that inclusion on the Office of the US Trade Representative’s next notorious markets list would be “unwarranted”. The document sheds light on how the company is approaching its anti-counterfeiting efforts. Read more

5 Nov 2019

Brand boycott warning, plain packaging litigation threat and fake gold: news digest 

In our latest news digest, we look at the launch of a new pay-to-use name watching service, US government support for the ‘Amazon’ gTLD application, Imperial Tobacco warning of a court challenge to Canada’s Canadian plain packaging regime, and much more. Read more

Goverment/policy

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10 Oct 2019

Brexit, trade wars and political turmoil: what dominated the 2019 Nation Brand report

Brand Finance has released its annual Nation Brand report, which sees notable movement from developing countries – highlighting the economic shift powered by innovation in the Middle East, Africa, Asia and Latin America. Read more

1 Oct 2019

Enforcement in an era of data privacy and redacted WHOIS

Brand experts offer insight and practical guidance on how to ensure that enforcement efforts are not adversely affected by reduced access to data. Read more

23 Sep 2019

The Aboriginal flag dispute in focus: who owns the right to use?

The Australian government is considering whether to compulsorily acquire the rights to use the Aboriginal flag on public policy grounds. Kate O'Rourke of Mewburn Ellis takes a deep dive into the debate. Read more

20 Sep 2019

Air New Zealand’s CEO on controversial application, praise from Peppa Pig and a blow for adidas: news digest 

In our latest news digest, we look at the backlash centred on a SAGA-branded customer brochure, the latest on Air New Zealand’s controversial Kia Ora application, a China IP firm reportedly mulling a sale, and much more. Read more

Law firms

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1 Oct 2019

Reversing the gaze: how trademark specialists can brand themselves better 

There is a somewhat ironic aversion to branding in law firms among many trademark practitioners. We investigate the ways in which firms and individual lawyers can promote their practices and draw in new clients. Read more

27 Sep 2019

Despite concerns over the level of risk, litigation threat planning often omitted from IP strategies

New research has revealed that, while almost two-thirds of legal services buyers are concerned about being a defendant in IP litigation, a quarter of companies that have a specific IP strategy in place state that it does not deal with litigation threats. Read more

26 Sep 2019

Recognising trademark excellence: nominations open for the WTR 300

WTR is seeking nominations for the next edition of WTR 300: The World’s Leading Corporate Trademark Professionals. Nominate now to ensure that the important work undertaken by your in-house peers and colleagues receives the recognition it deserves. Read more

18 Sep 2019

Team building, budget management and Brexit preparations: lessons from TMAP 2019

INTA’s annual Trademark Administrators and Practitioners meeting was held in Europe for the first time this week. WTR was on hand for the event, which presented a number of key takeaways on trademark management and team development. Read more

IP offices

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25 Oct 2019

Supreme most searched fake brand, 'tm.com' for sale, and more unauthorised Greta Thunberg marks: news digest

In our latest round-up, we look at a new study finding few marketers are confident in consistent brand values, brands being warned of being too political, Diesel engaging in a trademark battle with a reality star, and much more. Read more

16 Oct 2019

Global trademark growth slowing as China continues to dominate – breaking down the WIPO Indicators 2019 report

WIPO has published World Intellectual Property Indicators 2019, charting the growth of global IP filing for 2018. WTR presents key takeaways from the trademark data. Read more

29 Sep 2019

Suspicious specimens headache continues; building the Batman brand; unauthorised Greta Thunberg and Extinction Rebellion applications; plus much more.

Everything we covered on WTR over the last seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

27 Sep 2019

INTA’s Brands Manifesto, Liverpool trademark blow, fighting scammers: news digest 

In our latest news digest, we look at INTA’s release of a Brands Manifesto, the Paraguay IP Office conducting another counterfeit crackdown, fee changes in New Zealand, and much more. Read more

Online

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30 Oct 2019

UDRP proceedings: evidence of targeting is crucial

A UDRP case involving the domain name ‘ᴍx.com’ illustrates that targeting is crucial in order to prove bad faith - and the shorter the domain name, the more difficult this is to prove. Read more

24 Oct 2019

UDRP: prior trademark rights are not always a decisive factor

A recent UDRP decision involving the domain name ‘longevitynutrition.com’ shows that complainants should always try and provide tangible evidence with regard to the actual use of their trademark and, where applicable, any degree of public recognition and reputation. Read more

14 Oct 2019

No remedy for failure to prove bad faith at time of domain name registration

A recent UDRP decision involving the domain name ‘aizel.com’ highlights the importance of proving bad faith at the time of registration of a domain name, especially when the complainant’s trademark did not yet exist at that time. Read more

9 Oct 2019

UDRP complaint has more holes than Swiss cheese

A WIPO panel has refused to order the transfer of the domain name ‘solothurn.com’ because the complainants – three entities related to the Swiss city of Solothurn – had failed to establish the first element under the UDRP. Read more

Portfolio management

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27 Sep 2019

Despite concerns over the level of risk, litigation threat planning often omitted from IP strategies

New research has revealed that, while almost two-thirds of legal services buyers are concerned about being a defendant in IP litigation, a quarter of companies that have a specific IP strategy in place state that it does not deal with litigation threats. Read more

18 Sep 2019

Team building, budget management and Brexit preparations: lessons from TMAP 2019

INTA’s annual Trademark Administrators and Practitioners meeting was held in Europe for the first time this week. WTR was on hand for the event, which presented a number of key takeaways on trademark management and team development. Read more

17 Sep 2019

Raiding the raiders, Philippines filings soar and USPTO fees proposal: news digest 

In our first news digest of the week, we look at the rising demand for Chinese trademarks, a swoop on fake Oakland Raiders merchandise, efforts to tackle counterfeit vaping products, the Swiss Parliament’s move to endorse new anti-piracy legislation, and much more. Read more

16 Sep 2019

“Some lawyers don’t recognise the importance of paralegals”: TMAP’s co-chairs on the value of administrators

As INTA’s annual Trademark Administrators and Practitioners meeting got underway in Berlin, WTR sat down with the conference co-chairs to explore how the legal community can better support, and benefit from, their paralegal colleagues. Read more

Trademark law

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5 Nov 2019

Brand boycott warning, plain packaging litigation threat and fake gold: news digest 

In our latest news digest, we look at the launch of a new pay-to-use name watching service, US government support for the ‘Amazon’ gTLD application, Imperial Tobacco warning of a court challenge to Canada’s Canadian plain packaging regime, and much more. Read more

29 Oct 2019

Groundbreaking research reveals significant risks in AI analysis of trademark registers

A new study looking at how AI is used by IP offices warns that “the seductive appeal of the all-seeing algorithm should be resisted” due to current limitations. Read more

27 Oct 2019

The Trump Trademarks; Uber exclusive interview; Rubik’s Cube decision reaction; counterfeit hotspots revealed; plus much more.

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

20 Oct 2019

USPTO fees proposals backlash; online brand protection takeaways; Amazon pushes back over anti-counterfeiting criticism; Ethiopia’s counterfeiting hotspots; plus much more.

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

Find an expert

James Luo
Managing Partner
Beijing, China
Lawjay Partners