North America

Four key relationships at the heart of Teva’s pharmaceutical trademark management – exclusive interview

Laurence Rickles, chief trademark counsel at Teva, provides tips for successful pharmaceuticals brand rights management, and the four relationships that success depends on.

Four key relationships at the heart of Teva’s pharmaceutical trademark management – exclusive interview
14 Jan 2019

Clarivate Analytics announces $4.2bn merger deal; reveals plans for public listing  

Public investment vehicle Churchill Capital Corp and Clarivate Analytics have announced an agreement to merge, with the combined company – Clarivate – to become publicly listed on the New York Stock Exchange.

14 Jan 2019

Amazon and Toyota CEOs top male-dominated brand ambassador ranking

New study ranks corporate CEOs as brand ambassadors, with Amazon’s Jeff Bezos topping the list. The research highlights the gender disparity that exists at the higher echelons of company management.

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18 Jan 2019

Restricting keyword advertising can be anti-competitive, holds the FTC

In a case concerning 1-800-Contacts’ approach to curbing competitors’ use of “1-800-Contacts” as an online search keyword, the US Federal Trade Commission has weighed in for the first time on whether restricting the use of trademark keywords is anti-competitive. Read more

17 Jan 2019

World-class speaking line-up revealed for upcoming WTR conferences in Chicago

WTR is pleased to announce the first set of speakers for the upcoming Brand Protection Online and Managing Trademark Assets US events, which take place on consecutive days in March.  Read more

11 Jan 2019

Johnson & Johnson data focus: inside the world’s biggest trademark portfolio

In the first of a new series, we shed light on how this pharmaceutical giant's trademark holdings have contributed to its business strategy. Read more

11 Jan 2019

Battling online counterfeiters: four key considerations for litigation

While litigation against counterfeiters on e-commerce sites can have distinct benefits over other methods of enforcement, it is not a one-size-fits-all option.  Read more

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Anti-counterfeiting

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13 Dec 2018

Into the grey: fighting unauthorised imports

The grey market is a worldwide phenomenon. While trademark law offers remedies, there need to be material differences between grey-market and authorised goods – which is not always the case. Read more

7 Dec 2018

Managing Elvis and Marilyn Monroe: acquisition lessons from Authentic Brands Group

WTR sits down with Jay Dubiner, general counsel of Authentic Brands Group, to get insight into brand management of an IP portfolio that includes Marilyn Monroe, Elvis Presley and Shaquille O'Neal. Read more

29 Nov 2018

European Union and United States announce record-breaking counterfeits crackdown; do domain seizures actually train infringers?

This week, both Europol and ICE reported record-breaking numbers in regard to takedowns of domain names selling counterfeit products. One expert tells us that infringers have found an easy solution to this temporary obstacle. Read more

23 Nov 2018

Supreme and Adidas most counterfeited fashion brands; Taobao remains go-to platform for fakes

A recent survey on the “world’s largest replica discussion board” has revealed insights into the demographics, habits and brand affinity of those who regularly buy fake fashion goods. Read more

Brand management

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12 Dec 2018

Get real: protecting fictional brands

Recent jurisprudential trends show that courts are more and more willing to afford protection to fictional brands. However, there are several nuances of which to be aware. Read more

6 Dec 2018

Democratising trademark surveys – academic calls for step-change in distinctiveness evidence gathering

New study calls for a revolution in trademark survey evidence, with an expert telling us he hopes that brand owners will start embracing lower-cost survey alternatives. Read more

30 Nov 2018

“An encouraging evolution of the laws in China” – exclusive interview with NBCUniversal’s Monique Cheng Joe

WTR speaks with Monique Cheng Joe, head of brands and content at NBCUniversal, about the significant challenges of managing intellectual property for a global media and entertainment conglomerate. Read more

16 Nov 2018

Cheesy CJEU decision, Black Friday counterfeit risk and Elon Musk in stand-off with Tequila Regulatory Council: news round-up

In our latest round-up, we look at Elon Musk's attempts to secure Tequila-related brand rights, the CJEU's decision that the taste of food cannot be protected by copyright, and the heightened risks of buying counterfeits on Black Friday. Read more

Enforcement and litigation

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18 Jan 2019

Restricting keyword advertising can be anti-competitive, holds the FTC

In a case concerning 1-800-Contacts’ approach to curbing competitors’ use of “1-800-Contacts” as an online search keyword, the US Federal Trade Commission has weighed in for the first time on whether restricting the use of trademark keywords is anti-competitive. Read more

11 Jan 2019

Johnson & Johnson data focus: inside the world’s biggest trademark portfolio

In the first of a new series, we shed light on how this pharmaceutical giant's trademark holdings have contributed to its business strategy. Read more

8 Jan 2019

Protecting and enforcing design rights: United States

The grant of a design patent entitles the owner to exclusive rights to that design, such that the owner may bring suit against an infringer. In order to assess whether a design patent has been infringed, the scope of protection available to the allegedly infringed design must be properly determined. Read more

4 Jan 2019

Amazon counterfeit problem, Richemont signs up with Alibaba, and branding turns into blanding: news digest

In our latest news digest, we look at the Minnesota Vikings being mocked over a trademark application, the startup which prevailed in a trade dress battle, Trump reusing a notorious Game of Thrones-inspired poster, and much more. Read more

Goverment/policy

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9 Nov 2018

Sweden to modernise trademark rules, new USPTO deputy director, and Benelux fee changes: news round-up

In our latest round-up, we look at a study showing the scale of illicit alcohol, a Counterfeit Mini ad being lauded, luxury brands' increasing use of sound design in their products, and much more. Read more

9 Nov 2018

Why Canada’s unexpected trademark reforms are good news for brand owners

Trademark reforms proposed by the Canadian government are positive for brand owners, with mechanisms to tackle trademark squatting and modernised dispute resolution proceedings. Read more

8 Nov 2018

Could CSR hold the key to encouraging senior management appreciation of the trademark function?

This week in New Orleans, INTA president Tish Berard suggested that engagement with corporate social responsibility (CSR) activities could hold the key to secure management buy-in into the trademark legal function. Read more

6 Nov 2018

US Navy donates trademark licensing money, Lego prevails, and Pinduoduo attracts brands: news round-up

In our latest round-up, we look at a fashion designer ‘naming and shaming’ buyers of counterfeits, Japan banning trademark registrations for era names, Georgia celebrating its 100,000th trademark application, and much more. Read more

Law firms

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16 Oct 2018

How Canada’s new cannabis regime will impact a range of brands and law firms

With Canada set to legalise recreational cannabis, our latest opinion column looks at why trademark counsel should watch this development closely. Read more

9 Oct 2018

Victory for Chanel, Samoa moves closer to Madrid, and how Google+ shutdown could affect brand owners: news round-up

In our latest round-up, we look at the EUIPO celebrating design rights, MaxxOil hitting back against “baseless” media reports, the Saudi IP office pledging more international cooperation, and much more. Read more

5 Oct 2018

Kavanaugh testimony sparks beer trademark, Canada Goose admits fakes are beneficial, and UK food fraud concern: news round-up

In our latest round-up, we look at Colombia’s national IP office launching an accelerated trademark form for commercial brands, Toys-R-Us cancelling its brand auction, and much more. Read more

17 Sep 2018

Trademark litigation remains flat in 2018 as Central District of California continues to be ‘go-to’ venue

Lex Machina has reported that 2,745 trademark litigation cases have been filed in the US so far this year. Therefore, the projected total for year-end  indicates that filings will remain flat after a near-decade of decline. Read more

IP offices

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4 Jan 2019

Trolls on the rise, Brexit disruption and China’s domination: data trends of 2018

Having just rung in the new year, it is the perfect time to look at the trends which have characterised the trademark landscape in 2018, and discuss what is to come in 2019. Read more

4 Dec 2018

USPTO report pledges to sustain quality amid rising applications – but are fraud issues glossed over?

The USPTO has published its latest strategic plan, which focuses on the need to be equipped to handle the ever-increasing number of trademark filings, with little mention of ongoing fraud issues. Read more

27 Nov 2018

A cause for celebration: the USPTO reflects on another productive year

It has been another busy year for the USPTO, with major changes including enhanced stakeholder outreach and further action to tackle fraudulent solicitations. Read more

20 Nov 2018

Russian president on fakes, Google trademark win, and tale of the counterfeit-catching brothers: news round-up

In our latest round-up, we look at Pakistan stepping up its fight against fakes, the Finnish IP office reminding users about an impending trademark change, IP Australia seeking user input, and much more. Read more

Online

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15 Nov 2018

“Online platforms are benefiting from counterfeits”: exclusive interview with American National Red Cross’s Allison Leader

As part of our ongoing series of interviews with WTR 300-featured corporate trademark counsel, we spoke to Allison Leader about the challenges she faces at American National Red Cross and what it takes to successfully manage brand rights in the not-for-profit sector. Read more

4 Nov 2018

A lawsuit is coming? – HBO nails PR response in trademark spat with Trump

After US President Donald Trump caused a stir on Twitter with a Game of Thrones reference, HBO's response was pitch-perfect in terms of avoiding controversy while deftly reminding people not to misuse its trademarks. Read more

31 Oct 2018

Settlement privilege and domain name arbitrations: the case of ‘potterybarnbaby.ca’

A recent decision under Canada’s Domain Name Dispute Resolution Policy shows that deeming correspondence “without prejudice” may impact a complainant’s ability to prove the registrant’s bad faith and could ultimately decide the outcome of the dispute. Read more

29 Oct 2018

Amazon TLD moves forward but work remains before ‘.amazon’ becomes a reality

The ICANN board has decided that Amazon’s application for the ‘.amazon’ TLD should be moved from the ‘will not proceed’ designation, paving the way for future delegation of a string that has been in limbo for five years.  Read more

Portfolio management

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12 Dec 2018

Get real: protecting fictional brands

Recent jurisprudential trends show that courts are more and more willing to afford protection to fictional brands. However, there are several nuances of which to be aware. Read more

6 Dec 2018

Democratising trademark surveys – academic calls for step-change in distinctiveness evidence gathering

New study calls for a revolution in trademark survey evidence, with an expert telling us he hopes that brand owners will start embracing lower-cost survey alternatives. Read more

19 Nov 2018

The date is set: 17 June 2019 – Canada’s new trademark law will be in force

After years of uncertainty, a date has finally been set for the implementation of Canada’s new trademark law. This update highlights some of the main changes to Canadian law and provides some recommendations for mark owners. Read more

15 Nov 2018

“Online platforms are benefiting from counterfeits”: exclusive interview with American National Red Cross’s Allison Leader

As part of our ongoing series of interviews with WTR 300-featured corporate trademark counsel, we spoke to Allison Leader about the challenges she faces at American National Red Cross and what it takes to successfully manage brand rights in the not-for-profit sector. Read more

Trademark law

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8 Jan 2019

Protecting and enforcing design rights: United States

The grant of a design patent entitles the owner to exclusive rights to that design, such that the owner may bring suit against an infringer. In order to assess whether a design patent has been infringed, the scope of protection available to the allegedly infringed design must be properly determined. Read more

4 Jan 2019

Trademark litigation overtakes patent actions as ‘new normal’ emerges

New data reveals that 4,017 trademark litigation actions were filed in the United States in 2018. After a near decade of decline, it appears that litigation levels are stabilising in the country – a contrasting picture to that of patents.   Read more

31 Dec 2018

Weeding out trademark infringers

For years the marijuana industry was an underground business, posing little threat to trademarks. But the recent ‘green explosion’ means that trademark owners must enforce their rights or risk their reputations. Read more

26 Dec 2018

The intersection between trademarks and labelling laws: as illustrated by the Canadian food and cannabis industries

There are many Canadian trademark laws, regulations and statutes regarding selection, labelling and advertising in the food and recreational cannabis industries – all of  which affect long-term branding rights and enforcement. Read more

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