United States of America

From the NBA to INTA: exclusive interview with Ayala Deutsch

WTR sat down with Ayala Deutsch, executive vice president and deputy general counsel at NBA Properties and new INTA president, to talk about her plans for the future and how the association will address the challenges facing the trademark industry.

From the NBA to INTA: exclusive interview with Ayala Deutsch
27 Jan 2020

Do better or face the consequences: Homeland Security sends counterfeits warning to e-commerce platforms

The Department of Homeland Security has issued its long-awaited report into fake goods. The report offers a range of best practices that e-commerce platforms should implement – and threatens action should they fail to do so.

24 Jan 2020

Brand Tracker: the filing trends of the world’s most valuable brands  

In the first instalment of a new series, we track the trademark filing activity of the world’s most valuable brands – revealing that Mercedes-Benz may be gearing up to launch an AI assistant.

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24 Jan 2020

US Postal Service, Amazon and Google named most trusted brands for reliability – but consumer priorities are changing

The US Postal Service, Amazon and Google have topped a ranking of the most trusted brands in the United States. But while reliability is key to securing consumer trust, ethical issues are becoming increasingly important.  Read more

23 Jan 2020

Alibaba reveals 2019 IP enforcement data; Siemens, Dyson and Coach among brands joining AACA  

WTR analysed data from Alibaba's latest IP Protection Report, revealing that it has supplied 1,045 IP-related leads to law enforcement authorities in the past 12 months.  Read more

23 Jan 2020

When it’s all in the family: reverse confusion not a basis for broad trademark remedies

In Fabick Inc v JFTCO Inc, a trademark dispute originating from a family feud, the US Court of Appeals for the Seventh Circuit has addressed the issue of reverse trademark confusion and the scope of available remedies. Read more

23 Jan 2020

Kasper VPN scam: YouTube urged to combat fraudulent ads featuring third-party brands

Scam adverts on YouTube are using popular brand names to lure viewers to download potentially malicious phone apps. The fraudulent activity is being viewed by hundreds of thousands of people and is a difficult issue for brand owners to enforce or monitor. Read more

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Anti-counterfeiting

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20 Jan 2020

Edible tags aim to tackle counterfeit medicines, but come with implementation considerations

Research from Purdue University has produced an edible security tag for pharmaceuticals in an effort to stem the flow of counterfeit medicines. Will costs overrule invention when it comes to the tag’s implementation into the market? Read more

16 Jan 2020

US-China trade deal: the brand protection perspective

WTR presents the key IP and anti-counterfeiting pledges that rights holders should be aware of from the major new trade deal signed between the United States and China. Read more

14 Jan 2020

Amazon law enforcement data pledge, Muji trademark blow, and Lazada IP takedown stats: news digest

In our latest round-up, we look at Italian football club Fiorentina taking the lead in blockchain anti-counterfeiting, a SUSSEX ROYAL application being filed at the USPTO, the EUIPO launching its annual user satisfaction survey, and much more. Read more

10 Jan 2020

Panda Express lawsuit threat, BTS dispute resolved, and Philippines and Laos registry cooperation: news digest 

In our latest round-up, we look at the worst year on record for British retail, the Norway IPO warning of dodgy invoices, Romania implementing an upgrade to its design e-filing system, and much more. Read more

Brand management

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17 Jan 2020

Siemens’ controversial coal mine contract has put brand at risk of greenwashing accusations

The German conglomerate has portrayed itself as a steward of sustainability, but when it comes to corporate social responsibility, it’s an all or nothing game as this week’s coal mine contract backlash illustrates. Read more

15 Jan 2020

Analysis and takeaways as defence preclusion is considered in US Supreme Court hearing

In this guest analysis, K&L Gates partner Susan Kayser charts the decades-long trademark dispute between Lucky Brand Dungarees and Marcel Fashions Group that led up to the highest US court accepting certiorari for the case. Read more

7 Jan 2020

BBC prevails in China, Disney moves to protect Baby Yoda, and new USPTO CFO: news digest

In our latest edition, we look at Facebook moving to combat deepfakes,  Clarivate Analytics finalising an agreement with OpSec Security, Volvo scoring a US court win against Chinese counterfeiters, and much more. Read more

2 Jan 2020

#FairUse? Third-party trademarks in social media hashtags

European and US case law suggests that there are very few situations in which use of a third party’s trademark in a hashtag is permissible. As a result, those looking to advertise on social media need to be aware of the strict rules that apply. Read more

Enforcement and litigation

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23 Jan 2020

Alibaba reveals 2019 IP enforcement data; Siemens, Dyson and Coach among brands joining AACA  

WTR analysed data from Alibaba's latest IP Protection Report, revealing that it has supplied 1,045 IP-related leads to law enforcement authorities in the past 12 months.  Read more

23 Jan 2020

When it’s all in the family: reverse confusion not a basis for broad trademark remedies

In Fabick Inc v JFTCO Inc, a trademark dispute originating from a family feud, the US Court of Appeals for the Seventh Circuit has addressed the issue of reverse trademark confusion and the scope of available remedies. Read more

17 Jan 2020

KIPO urges idol IP protection, Extinction Rebellion brand headache, and CCFN praises US-China deal: news digest 

In our latest round-up, we look at a Love Island star being reprimanded due to an Instagram post, the theme for World IP Day 2020, the Chilean IP office being praised for a reduction in the gender gap, and much more. Read more

17 Jan 2020

‘Lotso’ more than non-exclusive licensor-licensee relationship needed for personal jurisdiction  

In Diece-Lisa Industries Inc v Disney Enterprises Inc, the US Court of Appeals for the Fifth Circuit has held that jurisdiction over the licensees does not extend personal jurisdiction to the licensor where the latter has no additional contacts with the forum. Read more

Goverment/policy

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20 Dec 2019

IP Australia fee consultation, Ferrero denied in Singapore, and call for USPTO examining attorney help: news digest

In our latest round-up, we look at the Serbian IPO reducing its fees, the Korean IP Office getting a budget boost, US Senators opposing China’s WIPO director general nominee, and much more Read more

20 Dec 2019

What 2019 filing numbers tells us about the US trademark landscape

Our exclusive deep dive into the latest USPTO filing data reveals some telling tendencies about Nice classes and Madrid versus national and state applications. Read more

20 Dec 2019

What 2019 filing numbers tells us about the US trademark landscape

Our exclusive deep dive into the latest USPTO filing data reveals some telling tendencies about Nice classes and Madrid versus national and state applications. Read more

16 Dec 2019

Coincidence or corruption? Trump lawyer responds to accusation White House held off Argentina tariffs for trademark reasons

We look at the claim from nonpartisan watchdog Citizens for Responsibility and Ethics in Washington that recent trademark activity in Argentina is proof that “President Trump is for sale”.  Read more

Law firms

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2 Jan 2020

Practice management: creating a successful mentoring programme

While the value of mentoring is undisputed, it can take many forms, some of which are more fruitful than others. Finnegan reveals its creation of a mentoring programme and, crucially, how it measures success. Read more

13 Dec 2019

Nestlé ice cream brand sale, Somalia registry resumes, and IP issues of Greta Thunberg: news digest

In our latest round-up, we look at Swiss IP court data being released, Brand Finance getting certified, Fred putting its intellectual property up for sale, the Austrian IPO launching some new online services, and much more. Read more

11 Dec 2019

As Congress investigates USPTO trademark fraud, research finds suspicious specimens continue

A new investigation from WTR finds that the problem of suspicious specimens persists – with legal representatives providing eye-opening accounts of the challenge faced by both IP practitioners and examining attorneys. Read more

28 Nov 2019

The Intel Rule: latest corporate effort to encourage diversity in law firms set to roll out

Intel’s executive vice president and general counsel has officially announced a new rule which – from 2021 – will see the company work with law firms that are “above average in terms of diversity” only. Read more

IP offices

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13 Jan 2020

USPTO to re-allow PO boxes on trademark applications following privacy backlash

The USPTO is facing continued criticism over new rules that require trademark applicants to submit their domicile street address. In response, the registry reveals plans to re-introduce the ability for applicants to use PO boxes. Read more

7 Jan 2020

Acting USPTO commissioner for trademarks confirmed, as attention turns to the future

The USPTO has officially confirmed Meryl Hershkowitz as acting commissioner for trademarks following the retirement of Mary Boney Denison. History suggests that the next commissioner could already be toiling away in the agency’s Alexandria headquarters. Read more

6 Jan 2020

US trademark litigation levels hit four-year high: top law firms revealed

A total of 4,367 trademark litigation actions were filed in the United States last year. Examination of the data reveals the leading trademark litigation plaintiffs and defendants in the country – as well as the law firms picking up the most work.   Read more

2 Jan 2020

Changing of the guard at the USPTO

As Mary Boney Denison retires from her tenure as USPTO commissioner for trademarks, she reflects on her final year at the office, which involved tackling improper filing behaviours, the introduction of mandatory e-filing and significant IT changes. Read more

Online

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3 Jan 2020

Amazon TLDs set for delegation after seven-year battle

Despite years of opposition from South American countries, ICANN has now signed the Registry Agreements and Specification 13 Amendments for the e-commerce giant's '.brand' applications. '.amazon' and its Chinese and Japanese equivalent strings may be delegated imminently. Read more

30 Dec 2019

Next-level brand protection: best practice tips from industry leaders

Senior brand representatives of some the world’s largest industry names gathered at a recent WTR boardroom event to share strategies and success stories for combating counterfeits and knock-off goods. Sterne, Kessler, Goldstein & Fox’s Monica Riva Talley outlines key takeaways from the discussion. Read more

30 Dec 2019

Next-level brand protection: best practice tips from industry leaders

Senior brand representatives of some the world’s largest industry names gathered at a recent WTR boardroom event to share strategies and success stories for combating counterfeits and knock-off goods. Sterne, Kessler, Goldstein & Fox’s Monica Riva Talley outlines key takeaways from the discussion. Read more

12 Dec 2019

Ongoing Chanel case provides limited clarity on use of third-party marks in hashtags

US case law indicates that there are few situations in which use of a third-party mark in a hashtag is permissible. An ongoing dispute between Chanel Inc and local New York retailer WGACA LLC is a reminder that those looking to advertise on social media must tread carefully. Read more

Portfolio management

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14 Jan 2020

Infringement and filings increase but budget no longer the primary concern, says new study

As trademark filing numbers increase globally, a new report by CompuMark provides data on a rise in infringement incidents that trademark professionals are experiencing. While these infringements are costly, budget does not currently top the list of concerns for in-house teams. Read more

8 Jan 2020

Cookie crumbles against injunction granted to terminated trademark licensee

In Mrs Fields Franchising LLC v MFGPC, the US Court of Appeals for the 10th Circuit has reversed the district court’s grant of a preliminary injunction after termination of the exclusive licence between the parties. Read more

30 Dec 2019

Next-level brand protection: best practice tips from industry leaders

Senior brand representatives of some the world’s largest industry names gathered at a recent WTR boardroom event to share strategies and success stories for combating counterfeits and knock-off goods. Sterne, Kessler, Goldstein & Fox’s Monica Riva Talley outlines key takeaways from the discussion. Read more

30 Dec 2019

Next-level brand protection: best practice tips from industry leaders

Senior brand representatives of some the world’s largest industry names gathered at a recent WTR boardroom event to share strategies and success stories for combating counterfeits and knock-off goods. Sterne, Kessler, Goldstein & Fox’s Monica Riva Talley outlines key takeaways from the discussion. Read more

Trademark law

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16 Jan 2020

How the amicus briefs could sway the US Supreme Court in anticipated ‘booking.com’ ruling

Three amicus curiae briefs have been delivered to the US Supreme Court ahead of its long-anticipated ruling in USPTO v Booking.com. WTR spoke to two experts to see how these briefs may influence the United States' highest court. Read more

8 Jan 2020

The risk factor in religious marks: a study of four major jurisdictions

An Indian court recently ruled that God's name was registrable as a trademark. We spoke to experts across four key jurisdictions about the different risks brands should be aware of before registering a religious name as a mark. Read more

2 Jan 2020

From billboards to influencers: navigating new advertising rules across the Americas

Trademark experts offer insight into the advertising regimes in their respective jurisdictions and, crucially, how brands can avoid falling foul of the law. Read more

2 Jan 2020

Top filers at the USPTO revealed

Whether concerned about bad-faith filing at the USPTO or seeking to benefit from US marks, the level of demand from Chinese entities has been a remarkable phenomenon over the past few years – as the filing data reveals. Read more

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