North America

Enforcement data reveals destination shift for counterfeits originating in China

The true scope of the illicit trade of fake goods is hard to define, but analysis by Rouse indicates that Southeast Asia is a fast-rising hotspot

Enforcement data reveals destination shift for counterfeits originating in China
How should authors utilise trademarks to protect their literary works: the US perspective
7 Aug 2020

How should authors utilise trademarks to protect their literary works: the US perspective

How should literary authors be proactively protecting themselves through trademark rights? In this two part series, WTR spoke to a handful of legal experts to find out – kicking off with the US perspective.

Arrest over fake Tokyo 2020 medals; counterfeit lemons seized; Indonesia trademark rise – news digest
7 Aug 2020

Arrest over fake Tokyo 2020 medals; counterfeit lemons seized; Indonesia trademark rise – news digest

In our latest round-up, we look at the Chinese government bringing live-streaming for IP services to Douyin (the Chinese version of TikTok), a shipment of counterfeit belts being seized in Louisville, and much more.

Latest

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4 Aug 2020

“A step in the right direction”: CBP ruling on small consignments set to strengthen anti-counterfeiting toolkit

US Customs and Border Protection has issued an administrative ruling clarifying the duty-free exemption status of certain low-value shipments sent to US fulfilment centres and domestic warehouses. Read more

4 Aug 2020

Research finds that most major Twitch streamers have not obtained registered trademark protection for their brands

New research from WTR reveals that some of the most popular content creators on Amazon’s streaming video platform Twitch have not sought registered trademark protection. Read more

4 Aug 2020

Drop shipping sites are flooding influencers with counterfeit goods: what brands should do

As even high-profile influencers such as Kylie and Kendal Jenner are caught by drop shipping scams, here are the steps that brands can take to reduce the risks. Read more

4 Aug 2020

Googles wins right to sue Google

In a dispute between the alleged owner of the GOOGLES mark and Google Inc, the US Court of Appeals for the Second Circuit has vacated and remanded the district court’s dismissal of the case for lack of subject matter jurisdiction. Read more

Anti-Counterfeiting

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31 Jul 2020

Jeff Bezos on fake goods; Dyson counterfeiters jailed; trademarks at risk in Kenya – news digest

In our latest round-up, we look at INTA’s Unreal Campaign going virtual, how counterfeiting is on the rise in India, Romania upgrading its e-filing system, and much more. Read more

27 Jul 2020

Fraud, filings and fee rises – new USPTO trademark commissioner shares ongoing challenges and opportunities

The USPTO has hosted its second-ever virtual Trademark Public Advisory Committee meeting, with new trademark commissioner David Gooder revealing the “encouraging” recovery of trademark filings. Read more

24 Jul 2020

Redskins become Washington Football Team; Coca-Cola drops brands; Trump rally trademark – news digest

In our latest round-up, we look at Nestlé streamlining its portfolio, the Indian government asking e-commerce platforms to display country of origin, the new Seattle NHL team name, and much more. Read more

24 Jul 2020

USPTO director talks counterfeits, highlighting role that seller vetting can play in fight against fakes

USPTO Director Andrei Iancu has called for industry and government to work in a systemic and sustained manner to fight back against the prevalence of counterfeit goods online. Read more

Brand management

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31 Jul 2020

Why scalability is key to service provider M&A activity: exclusive interview with OpSec CEO

WTR sits down with OpSec CEO Selva Selvaratnam to discuss the market for legal service providers and the Clarivate-CPA Global merger. Read more

29 Jul 2020

Brand changes: moving forward with an eye on the past

In this guest post, Virginia Marino, shareholder at Brinks Gilson & Lione, reveals the necessary steps that any brand adviser should take when faced with a brand overhaul. Read more

29 Jul 2020

Clarivate and CPA Global to merge; “transformative combination” will shake up IP service provider market

Clarivate has today announced an agreement to merge with management software company CPA Global, a deal described as “a natural next step for both businesses”. Read more

29 Jul 2020

Time is running out to have your say on whether non-legal trademark services suppliers are delivering what you need

WTR needs your views on trademark search, watch and portfolio management services. Read more

Enforcement and Litigation

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24 Jul 2020

Supreme Court: BOOKING.COM can be registered as a trademark

In USPTO v Booking.com BV, by an eight-to-one vote, the US Supreme Court has rejected a per se rule by the USPTO that a generic word followed by ‘.com’ is necessarily generic. Read more

22 Jul 2020

Call for government to do more on brand misuse and ad fraud on social media as report reveals scale of problem

A new report has revealed the extent of fraudulent and infringing advertisements on social media platforms targeting major brands, providing an action plan to clamp down on illicit activity. Read more

21 Jul 2020

WIPO launches Madrid Application Assistant; USPTO teleworking; Rouse looks to the future – news digest

In our latest round-up, we look at malls and street vendors in Southeast Asia moving online, an impending deadline for Brazilian GIs, HALLOUMI facing a fresh fight in the United Kingdom, and much more. Read more

17 Jul 2020

How do you rebrand a franchise like the Washington NFL team? Seven key takeaways

The Washington Redskins NFL team is to retire its longstanding name and logo. Despite the relative uniqueness of the situation, though, there are important lessons that can be learnt. Read more

Government/Policy

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29 Jul 2020

“The time is right” – call for US government to form dedicated anti-counterfeiting agency

NAM has issued a report on the scale of the counterfeits industry and proposed radical changes to the ways in which the private and public sectors combat the trade in fake goods. Read more

28 Jul 2020

Xinjiang forced labour supply chain controversy highlights importance of trademark counsel guidance

As several of the world's biggest fashion brands are accused of being complicit in human rights abuses in Xinjiang, what should trademark professionals do? Read more

20 Jul 2020

Food and beverage industry the new brand restrictions battleground as calls for action escalate

The food industry is fast becoming the focus of brand restrictions, with new calls for action against unhealthy foods in the United Kingdom and concern over Mexico’s new labelling regime culminating in a missive from INTA last week. Read more

16 Jul 2020

“Worrying for brand owners” – groundbreaking study finds disparities in trademark examiner determinations

New research has found “meaningful variation” in the trademark registration rates, publication rates and speed of trademark examining attorneys at the USPTO. Read more

Law Firms

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27 Jul 2020

Dyson, Jack Daniels, Walmart and more join expert roster for WTR Connect

WTR can now reveal more speakers to our upcoming WTR Connect event, including experts from Amazon, ASOS, Dyson, Gilead, Jack Daniels, SuperDry and Walmart. Read more

17 Jul 2020

UK is battling Brexit negotiations and the coronavirus, but it is still on track for its biggest trademark year yet

The first week of July was the busiest the UKIPO has ever seen, putting to rest any fears that the coronavirus pandemic would have lasting effects on application levels. Read more

17 Jul 2020

Beyoncé prevails; brand licensing increase; counterfeits and organised crime – news digest

In our latest round-up, we look at a new Diageo announcement showing further commitment to sustainability, the UKIPO advertising for examiner roles, the upcoming release of a children’s book on IP, and much more. Read more

14 Jul 2020

A fragile industry? High proportion of US law firms with strong trademark practices seek coronavirus financial support

Research conducted by WTR reveals that 66 US law firms with market-leading trademark practices have made use of the government’s Paycheck Protection Programme. Read more

IP Offices

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31 Jul 2020

Revealed: Jonathan Morton, Nyall Engfield and Benjamin Becker are top China representatives at USPTO

A year on from the USPTO's domicile rule change, new data shows the leading China-based representatives on trademark applications at the agency. Read more

16 Jul 2020

A connected world: learnings from the first internationally linked trademark database

In an exclusive guest post, academics in Australia share findings from their new study into the first database that links equivalent trademarks across national offices into a single comprehensive offering. Read more

14 Jul 2020

Experts from Amazon, GSK, Hugo Boss, Sony, Target and Disney among first confirmed participants for WTR Connect

WTR can now reveal the first confirmed participants to our upcoming WTR Connect event, including David Gooder, USPTO commissioner of trademarks, and experts from companies including Burberry, Starbucks and Under Armour. Read more

14 Jul 2020

3D printing boom continues; covid-19 new gTLD spike; Trump trademark refused – news digest

In our latest round-up, we look at Muji USA filing for bankruptcy, Mondelez dropping product lines, Instagram filing an opposition, Montenegro joining DesignClass, and much more. Read more

Online

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21 Jul 2020

“The death of trademark” – study finds that AI could adversely affect brand usage

A new research paper has looked at how improvements in AI could affect trademark doctrine – with the academic behind the study claiming that “trademarks may become less important in the future”. Read more

10 Jul 2020

Amazon to list seller names and addresses; Google launches trademark initiative; UK Intellectual Property Office Brexit preparations – news digest

In our latest round-up, we look at Kazakhstan turning to technology to combat counterfeits, Rangers football club refreshing its brand, a Lady A lawsuit, and much more. Read more

8 Jul 2020

#Crisis: leveraging contractual protections in influencer agreements

With most trademark professionals adapting to new brand protection practices during the covid-19 pandemic, there are key contractual considerations to bear in mind when working with influencers in crisis situations. Read more

3 Jul 2020

New trademark law in Cyprus; Burger King trolls McDonald’s; INTA looking for tomorrow’s leaders – news digest

In our latest round-up, we look at Uber looking to bolster its food delivery unit, China approving 33 IP centres, the EUIPO unveiling an SME offering, and much more. Read more

Portfolio Management

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24 Jul 2020

Sorry Big Dairy, milk alternatives (and the brands that support them) are here to stay

Oatly, a prominent Swedish oat milk maker, is now worth over $2 billion. Plant-based milk brands are quickly consolidating the market, and their quirky, hard-hitting campaigns are attracting a whole range of consumers. Read more

15 Jul 2020

Kanye West pulls out of presidential race: could a lack of trademark activity have predicted it?

Research conducted by WTR reveals a lack of trademark applications related to his campaign, leading to the question of whether he was ever fully in the race. Read more

13 Jul 2020

Challenges in Canada: how CIPO is tackling a backlog caused by covid-19, legislative change and Madrid

In exclusive comments to WTR, the Canadian IP Office (CIPO) has revealed the factors that have led to lengthy examination timeframes. However, efforts are being made to speed up examinations. Read more

10 Jul 2020

How Tesla builds its brand on the allure of Elon Musk

The electric vehicle manufacturer’s market value keeps climbing higher and higher – and so does its brand value. Why? Because investors and consumers alike are drawn in by the company’s quasi-influencer CEO. Read more

Trademark law

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10 Jul 2020

“Psychological dominance” – study reveals power of trademarks and fragility of functionality doctrine

A new study has brought together examples of the ‘power of trademarks’ and proposed a new theory of functionality based on the concept of the ‘fragility’ of certain elements of a mark. Read more

8 Jul 2020

Gotta get a message to you: a strategy for protesting at the USPTO

Letters of protest are an important tool for influencing decisions on problematic applications by third parties, but the wrong approach can have significant repercussion. Read more

8 Jul 2020

Mirror image: using UK and US case law to protect publicity rights

The lack of a single, codified body of law to explicitly protect image or publicity rights on either side of the Atlantic means that high-profile individuals must draw from a variety of causes of action and legal tools to protect their interests. Read more

1 Jul 2020

“A victory for any brand owner that has invested to build a brand”: Booking․com and legal experts react to Supreme Court decision

WTR has compiled some of the immediate responses to the SCOTUS opinion in USPTO v Bookingcom that rejected that a generic word plus ‘.com’ is automatically generic. Read more