Latin America & Caribbean

Trademark litigation in Brazil: 12 key questions answered

In the second part of this focus on enforcement in Brazil series, 12 key questions on litigation processes and strategies are answered.

Trademark litigation in Brazil: 12 key questions answered
18 Sep 2019

Laying the groundwork for enforcement success in Brazil

Litigation success in Brazil is ultimately rooted in an understanding of the law and the strategic approach adopted. In the first of a two-part article, João Vieira da Cunha and Jaddy M A P Messias of Gusmão & Labrunie answer five key questions about the pre-litigation phase.

17 Sep 2019

Five counterfeit hotspots that you should be aware of in Chile

For the next edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head back to Latin America and focus on Chile. 

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17 Sep 2019

Peruvian authorities crack down on counterfeiters: huge raid conducted in Lima shopping centre

The Peruvian authorities have recently carried out one of the biggest-ever strikes against counterfeiters, raiding 120 informal establishments in the Polvos Azules shopping centre, a hotspot for fakes in Peru. Read more

16 Sep 2019

An inside view on Brazil's accession to the Madrid Protocol

Brazil’s accession to the Madrid Protocol is a landmark development for the international trademark system. Tove Graulund of Graulund Consulting provides her take on this move and the lessons that can be learned from it. Read more

12 Sep 2019

WTR Industry Awards 2020 nomination window now open

WTR is now seeking nominations for the WTR Industry Awards 2020 and next edition of WTR 300: The World’s Leading Corporate Trademark Professionals. Nominate now to recognise the leading in-house professionals. Read more

12 Sep 2019

AUDI v AUDITRAINING: misunderstanding the concept of dilution of notorious trademarks

In opposition proceedings filed by Audi AG against the registration of the mark AUDITRAINING in Class 41, the National Trademark Office of Colombia has arguably misunderstood the concept of dilution of notorious trademarks. Read more

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Anti-counterfeiting

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10 Sep 2019

24 counterfeit hotspots that you should be aware of in Brazil – part two

In the second part of our look at physical marketplaces that reportedly engage in the counterfeit goods trade in Brazil, we look at locations that brand owners should know from the central and southern regions of the country. Read more

23 Aug 2019

Connecting continents: exclusive interview with EUIPO head of IP Key Latin America 

IP Key Latin America seeks to bridge an IP knowledge gap between the European Union and the host of diverse countries in Latin America. WTR spoke to Pedro Duarte, head of IP Key Latin America, for insight into the project’s successes. 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

20 Aug 2019

North Korea establishes IP institute, Amazon intangibles tax win, and Brazil fee request: news digest

In our latest round-up, we look at retail companies leading a ‘brand health’ survey, the Belarus IP office correcting a mistake, the New York Times delving into the world of counterfeit books, and much more. Read more

Brand management

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2 Aug 2019

De Beers’ winning strategy: if you can’t beat ‘em, join ‘em

The world-renowned diamond company has drastically shifted its brand strategy in the past year, managing to strengthen its own market position while weakening that of its rivals. Read more

24 Jul 2019

WTR heads to Brazil – IPBC Latin America 2019 unveiled with new focus on managing the IP lifecycle

IPBC Latin America will be held in São Paulo on 4 December 2019 to explore managing the IP lifecycle. This year WTR is teaming up with sister titles IAM and Latin Lawyer on the event, which will include a focus on brands. Read more

12 Jul 2019

PepsiCo teams goes defensive to protect brand

The trademark team operating in Latin America is faced with a unique set of challenges – being prepared is the best defence against the high level of infringement it faces. Read more

28 Jun 2019

Inside Facebook’s trademark portfolio as company reacts to criticism and boosts value

The tech giant has managed to withstand the negative impact of criticism over its handling of users’ data and policing of content. The future, though, will bring new challenges. Read more

Enforcement and litigation

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17 Sep 2019

Peruvian authorities crack down on counterfeiters: huge raid conducted in Lima shopping centre

The Peruvian authorities have recently carried out one of the biggest-ever strikes against counterfeiters, raiding 120 informal establishments in the Polvos Azules shopping centre, a hotspot for fakes in Peru. Read more

12 Sep 2019

AUDI v AUDITRAINING: misunderstanding the concept of dilution of notorious trademarks

In opposition proceedings filed by Audi AG against the registration of the mark AUDITRAINING in Class 41, the National Trademark Office of Colombia has arguably misunderstood the concept of dilution of notorious trademarks. Read more

9 Sep 2019

24 counterfeit hotspots that you should be aware of in Brazil – part one

In a special two-part edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Brazil.  Read more

29 Aug 2019

Six counterfeit hotspots that you should be aware of in Nicaragua

A local IP law firm reveals locations that rights holders should have on their counterfeit enforcement radars in the Central American nation of Nicaragua. Read more

Goverment/policy

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30 Jul 2019

Why the legal profession should encourage diversity and inclusion

Embracing diversity and nurturing inclusion is not only the right thing to do, it is good business. Yet the legal profession has been slow to change and capture the opportunity. Read more

17 Jul 2019

Five counterfeit hotspots you should be aware of in the Dominican Republic

In a new regular series, we highlight marketplaces across the world that reportedly engage in the trade of counterfeit goods. This week, we focus on hotspots in the Dominican Republic. Read more

5 Jul 2019

Pelispedia case: illegal film and series sites deactivated in Uruguay

A recent case involving popular streaming site Pelispedia shows that the Uruguayan authorities are committed to fighting transnational crimes against IP rights.   Read more

28 Jun 2019

PTO makes preparations for Brazil’s adhesion to the Madrid Protocol

The Brazilian Patent and Trademark Office has been making efforts to prove that it is ready for the Madrid Protocol, which is due to enter into force in October 2019. Read more

Law firms

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15 Aug 2019

Six ways to evolve your practice to meet client demands: insights from the law firm elite

We explore how changing client demands are shaping the modern law firm practice – and present insight into how to future-proof operations. Read more

1 Aug 2019

Mind the gap – why law firms must bridge the gender divide

The legal sector is traditionally a male-dominated industry and although that is changing, more work needs to be done to combat inequality. Read more

11 Jun 2019

South African police attacked during counterfeit raid, Chile IP office new director, and Airbnb versus Hairbnb: news digest

In our latest edition, we look at the 2 millionth trademark application at the EUIPO, a new report finding that UK students are "actively disloyal" to brands, a collection of fake video games released, and much more. Read more

13 May 2019

“Unusual and very risky” – warning to brands as Venezuelan IP office launches cash payments of fees

The Venezuelan IP Office has introduced a new payment method involving paying cash deposits at a specific bank branch. Experts describe the process as complicated and have warned of significant risks. Read more

IP offices

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8 Aug 2019

“Great news for the IP community” – US government authorises trademark protection in Venezuela

A General Licence has been issued by the US government that explicitly authorises the protection of all intellectual property in Venezuela. The move follows significant challenges for US companies seeking to protect their brands in the country. Read more

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

17 Jul 2019

Healing confusion – choosing the correct name for pharmaceutical trademarks

Similarity among prescription drug names should be avoided, as the potential confusion carries a risk to consumer health. Bringing the best pharmaceutical trademark to market can be arduous, but it will assist in the safe prescription of medication. Read more

12 Jul 2019

Trademark solicitation scams: identifying the scale of the issue

In a major upcoming investigation, WTR will look at the scourge of trademark solicitation scams. Today we ask readers to share their experience of spurious trademark invoices. Read more

Online

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25 Jun 2019

Amazon TLD back in limbo as governments rail against e-commerce giant and ICANN

Amazon’s application for the ‘.amazon’ TLD is back on hold after the Colombian government lodged a request for ICANN to reconsider its decision to proceed with the applications.  Read more

18 Jun 2019

ICANN pushes back on government pressure, prepares to publish ‘.amazon’ PICs

ICANN has written to South American government figures, seeking to push back on pressure to rethink its decision to proceed with the ‘.amazon’ applications. Read more

31 May 2019

Natura attempts to further consolidate Brazilian cosmetic market with a bid for Avon

In this week’s exclusive data analysis, we explore how Natura’s keen understanding of its consumer base, combined with previous acquisitions, has it poised to take on international expansion. Read more

19 May 2019

What brands need to know about the trademark activity of Michael Gleissner

WTR has reported extensively on the massive trademark filing operation of multimillionaire businessman Michael Gleissner. For those not fully aware of this activity, we have put together an infographic that illustrates the potential impact for brands. Read more

Portfolio management

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27 Jun 2019

New PTO resolution brings significant changes to Argentina’s trademark system

Resolution 123/2019 of the Argentinean Patent and Trademark Office, which clarifies some of the changes recently introduced by the amended Trademark Law and sets forth additional rules, has entered into force. Read more

26 Jun 2019

Owners beware: severe restrictions placed on trademarks in the pharma industry

Since 2015 the Chilean Congress has been discussing a bill that will modify the country’s legislation on pharmaceuticals. However, in the past months the bill has undergone various modifications that would severely restrict the use of trademarks in the industry.    Read more

8 Jun 2019

Esports: an untapped market for both brands and law firms

The industry is still in its early days, but it is growing by leaps and bounds. Brands such as Coca-Cola and Champion have already jumped into the ring to capitalise on this marketing opportunity, but teams need help getting their portfolios up to scratch to better grow their businesses. Read more

31 May 2019

Natura attempts to further consolidate Brazilian cosmetic market with a bid for Avon

In this week’s exclusive data analysis, we explore how Natura’s keen understanding of its consumer base, combined with previous acquisitions, has it poised to take on international expansion. Read more

Trademark law

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9 Sep 2019

24 counterfeit hotspots that you should be aware of in Brazil – part one

In a special two-part edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Brazil.  Read more

19 Aug 2019

Five counterfeit hotspots you must be aware of in Colombia

Our series highlighting markets that reportedly engage in the trade of counterfeit goods continues with Colombia. We look at why the Latin American nation is a challenge for rights holders tackling fake goods and identify key locations to police.  Read more

29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

25 Jul 2019

Non-traditional marks in Latin America: close-up on Colombia

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play in Colombia.     Read more

Find an expert

Sophie Peat
Senior Associate
George Town, Cayman Islands
HSM IP