In our latest round-up, we look at the Qatar versus Saudi Arabia piracy battle escalating, former employees of Hermès appearing in court for counterfeiting, a legal blow for Stan Lee’s daughter, and much more.
The small island country has boosted its tourism by turning itself into a brand; the jurisdiction is increasingly attractive for multinational brands and it makes its presence known on the world stage. Read more
In our latest round-up, we look at Stella McCartney prevailing in a trademark dispute, Lego being named the United Kingdom’s favourite brand, the Mexican Industrial Property Office announcing a new electronic notification service, and much more. Read more
In the latest issue of <i>World Trademark Review</i>, we explore how the FernMark collective mark licensing programme is helping New Zealand businesses (like start-up tea producer Zealong) to expand and protect their brands overseas. Selling tea to China – which alone produces one-third of the world’s supply – may sound like a Sisyphean task, but it is one that New Zealand start-up Zealong has taken up with aplomb.
Recent reports indicate that New Zealand winemakers are seeking GI protection for their labels. As wine consumption grows in emerging markets such as China and Russia, domestic producers are increasingly concerned about potential knock-offs being passed off as premium labels. However, while the wine industry considers using GI status as a way of fending off counterfeiters, a number of commentators have expressed scepticism over its practical benefits.
The government has laid the first criminal charges for counterfeiting in relation to the Rugby World Cup, which is being held in New Zealand in 2011. The charges were laid under the Major Events Management Act, which deals with ambush marketing for 'major events'.
WTR analyses how indigenous cultures are protecting their intellectual property and speaks with an expert on how trademark practitioners must be more aware of this burgeoning field of rights. Read more
Following a recent investigation into trademark solicitation scams by <i>World Trademark Review</i>, the Commerce Commission in New Zealand has confirmed that it has reached an interim agreement with a trademark solicitation company to refund businesses that inadvertently paid an invoice for the publication of filed trademarks.
Allegations that McDonald’s restaurants have been charging customers in some of New Zealand’s poorest areas more than those in wealthier districts have highlighted the challenge facing franchisors when trying to control brand messaging.
After public outrage over a trademark infringement dispute, a New Zealand-based attorney has penned a column claiming that New Zealanders are “unsophisticated and naive” in their attitude towards IP rights.
New research from WTR has found that the IP offices of the UK, Brazil, Japan and Benelux have the most accessible website platforms for users, including those with motor or vision impairment. Read more
Already a leader in terms of online offerings, the IP Office of New Zealand is now seeking to maximise business IP awareness in order to allow companies to make the most of their intellectual property. Read more
The Intellectual Property Office of New Zealand is a quiet pioneer when it comes to handling trademark data and now it wants the rest of the world to follow suit. In this article, it explains how it can be done. Read more
The constant flood of trademark solicitation scams has been a blight to the IP community for a number of years now. But a recent success in New Zealand has led to over NZ$600,000 in refunds being paid to affected parties. Expert commentators are hopeful that this positive outcome could be repeated in other jurisdictions and may serve as a deterrent to other trademark solicitation operators.
In the second of our four-part series on IP office innovation, we take a look at digital tools and services. We reveal the registries leading the way in areas including website functionality, e-filings and open data access. Read more
In <I>Intercity Group (NZ) Limited v Nakedbus NZ Limited</I>, the High Court has held that Nakedbus had not infringed Intercity’s trademark INTERCITY when it purchased the keyword ‘inter city’ via Google AdWords. However, the court found that Nakedbus had infringed Intercity’s mark by using the words 'inter city' in Google advertisements. Among other things, the court rejected Nakedbus’ argument that it only used the words descriptively.
The Domain Name Commission Limited, the body responsible for running the ‘.nz’ namespace, is considering whether to introduce second-level registrations directly under ‘.nz’. There have been two consultation periods so far. Following the initial consultation, the DNCL proposed an initial sunrise period for holders of third-level domain names registered before a certain date to register or reserve the equivalent ‘.nz’ domain names in priority.
The ‘.nz’ domain name registry has launched a new second-level domain, ‘.kiwi.nz’. The extension has no restrictions and is available for registration by anyone. However, the launch has not pleased everybody: the CEO of Dot Kiwi Ltd, the company that has applied for the new gTLD ‘.kiwi’, claimed that "there will now be widespread confusion” between ‘.kiwi.nz’ and ‘.kiwi’.
In <i>Telstra Corporation Limited v E-Promote</i>, a Domain Name Commission expert has ordered the transfer of the domain names 'telstaclear.co.nz', 'telsraclear.co.nz' and 'telstarclear.co.nz' to Telstra Corporation Limited. According to the expert, the inference that the domain names were registered with misspellings of Telstra's trademarks in order to direct traffic to the registrant's websites was inescapable.
In <I>Crocodile International PTE Ltd v Lacoste</I>, the Supreme Court has ruled that one of Lacoste’s trademarks must be removed from the trademark register because Lacoste has not used it. Interestingly, the court ruled that, if a trademark has not been used, there is no discretion not to revoke it.
Two organisations with substantial reputations recently came head to head in a trademark battle in <i>World Masters Games 2017 Limited v MasterCard International Incorporated</i>. The decision indicated that all parties to proceedings needed to “tidy up their respective acts” as poor pleading and irrelevant evidence would be dealt with rigorously.
In <i>Crocodile International Pte Ltd v Lacoste</i>, Lacoste faced an issue that many owners of registered logos may encounter – the stylisation of its logo had evolved from the one protected by its New Zealand Registration. The question to be decided was whether the marks used by Lacoste qualified as use of that registration.
Despite the uncertain future of the Trans-Pacific Partnership Agreement (TPPA), the New Zealand government has introduced legislation to bring its trademark laws into line with the TPPA in relation to additional damages.
The New Zealand Court of Appeal has issued a decision after Red Bull appealed the High Court's decision against an interim injunction to prevent Drink Red from selling a ready-mixed drink containing vodka and an energy drink, and an energy drink without alcohol.
Red Bull has failed to obtain an interim injunction preventing Drink Red from selling a ready-mixed drink containing vodka and an energy drink and an energy drink without alcohol, despite evidence suggesting that confusion was likely and that Drink Red had a serious case to answer.