United States of America

Register tracker: trademark trends in North America and Europe (May – August 2021)

The latest data reveals that filings are down, particularly domestic applications

Register tracker: trademark trends in North America and Europe (May – August 2021)
Stellar speaker line-ups revealed for upcoming <em>WTR </em>events in Europe and the US
27 Oct 2021

Stellar speaker line-ups revealed for upcoming WTR events in Europe and the US

WTR is pleased to unveil the speaker line-up for its upcoming series of one-day events in London, San Francisco, Chicago and New York this December.

President Biden announces pick for next USPTO director; trademark policy to take backseat in hearings
27 Oct 2021

President Biden announces pick for next USPTO director; trademark policy to take backseat in hearings

US President announces intention to nominate Kathi Vidal for the position of Under Secretary for Intellectual Property and Director of the USPTO.

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Today

TTAB: reckless disregard for truth satisfies ‘intent to deceive’ requirement

In a landmark decision, the US Trademark Trial and Appeal Board has expanded the grounds on which fraud may be found by holding that proof of reckless disregard for truth or falsity may be sufficient to show an intent to deceive. Read more

26 Oct 2021

Apple loses Huawei legal battle; Trump’s trademark spree; Gucci counterfeits seized – news digest

In our latest round-up, we look at CPA Global announcing that it will go by Clarivate, how e-commerce is used to peddle fake goods, and much more. Read more

25 Oct 2021

Accessory designer prevails in lawsuit brought by Frankie Edith Kerouac Parker’s estate

In this dispute over the use of the name Edie Parker (the first wife of Jack Kerouac and a figure of the Beat Generation), a US district court has held that the common law right of publicity cannot be used to deprive a defendant of its federally-secured trademark rights. Read more

22 Oct 2021

Nauru opens trademark office; Facebook plans new name; Tencent named China’s most valuable brand – news digest

In our latest round-up, we look at the Brazilian IPO introducing GI stamps, the SUN JAM trademark case being settled in Zimbabwe, and much more. Read more

Anti-Counterfeiting

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19 Oct 2021

eBay urged to ban airbag sales; McDonald’s prevails in McVegan dispute; INTA files amicus brief – news digest

In our latest round-up, we look at how digital stamps help tackle fakes in Tanzania, brands warning of marketing activism, and much more. Read more

18 Oct 2021

Pressure for US to crack down on counterfeits as study reveals alarming impact of fakes

The Buy Safe America Coalition has published a scathing new study revealing “the devastating impact of the sale of fraudulent goods” on US consumers, businesses and the economy as a whole. Read more

15 Oct 2021

2021 INTA Annual Meeting capsule keynotes; fountain pen trademark drama; Disney+ to expand into Asia – news digest

In our latest round-up, we look at Montenegro expanding its TMclass participation, KIPO seeing a significant increase in covid marks, and much more. Read more

14 Oct 2021

Renewed calls for US marketplaces and social media platforms to be added to USTR list, as platforms respond

During the comment period for the 2021 Notorious Markets List, calls have been made for US online marketplaces and social media platforms like Amazon and Facebook to be included. Read more

Brand management

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15 Oct 2021

AB InBev's beyond-beer strategy could transform its brand portfolio

Its staple brands still have an important role to play as the brewer looks to expand into adjacent product areas such as hard seltzer and canned cocktails. Read more

11 Oct 2021

Xerox: the company you thought you knew

We go behind the scenes at a transformed Xerox to learn how the company’s trademark strategy is helping it to branch into new markets. Read more

11 Oct 2021

Brand protection and security threats: domain management at Red Ventures

An interview with Tegan Dover, information technology procurement manager at Red Ventures, the owner of consumer brands including Lonely Planet, CNET, ZDNet and TV Guide. Read more

8 Oct 2021

Challenger cosmetics brands poised to thrive online

The beauty industry is in a period of major disruption, but the shift to e-commerce has benefitted DTC brands. Read more

Enforcement and Litigation

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8 Oct 2021

Sony ‘most hated’ brand; INFORM Consumers Act introduced; AB InBev considers beer sale – news digest

In our latest round-up, we look at the USPTO issuing a final rule on international classification changes, the IACC celebrating the Italian Finance Police general commander, and much more. Read more

1 Oct 2021

INTA announces Annual Meeting keynote; tips from a USPTO examining attorney; domain security concerns – news digest

In our latest round-up, we look at the future of NFTs in the IP industry, the Hershey Company taking the Cookie Department to court, and much more. Read more

30 Sep 2021

Amazon reaches settlement with influencers, will donate payments to INTA

Amazon has reached a settlement with two influencers it accused of using TikTok, Instagram and Facebook to promote and facilitate the sale of counterfeit goods on its platform. Read more

28 Sep 2021

Facebook ruling could open floodgates for state-law claims against internet companies

A Third Circuit decision allowing a US news anchor to sue Facebook for the unauthorised use of her image could lead to a wave of state-law claims against internet companies and online platforms, legal experts warn. Read more

Government/Policy

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20 Oct 2021

“The loss of the disparagement bar is something to be truly lamented” – new study looks at USPTO post-Tam

A new research paper has analysed the removal of the disparagement provision at the USPTO following the Supreme Court’s groundbreaking Matal v Tam ruling. Read more

19 Oct 2021

US trademark filing activity is on the decline: is it indicative of a dwindling economy?

In an exclusive guest post, it is revealed that US trademark filings could see the first decline in over a decade – and the reason for the unexpected fall could be a concern for the wider economic condition. Read more

13 Oct 2021

New low-cost filing platforms with striking similarities to controversial Trademark Terminal target US applicants

Just weeks after controversial low-cost filing agency Trademark Terminal ceased operations, WTR has identified three more platforms that may be related to it. Read more

9 Oct 2021

USPTO director rumours highlight urgent need for heightened trademark ops focus

A frontrunner for the permanent USPTO director role has emerged this week. With trademark operations facing unprecedented challenges, it is critical that the successful candidate directs more resources and support to trademark stakeholders. Read more

Law Firms

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14 Oct 2021

What more can your firm do for LGBTQ+ equality?

The Long Read: Diversity officers at the top-ranking firms for LGBTQ+ equality unpick the fundamentals of an effective D&I strategy. Read more

30 Sep 2021

Law firm leaders must be accountable: Fox Rothschild diversity officer on creating an inclusive culture

Kimberly Bullock Gatling, partner and chief diversity and inclusion officer at Fox Rothschild LLP, discusses the challenges of accountability and the steps that firms can take to build a more inclusive culture. Read more

28 Sep 2021

Disney sues over Marvel superhero rights; Reebok and Jelly Belly partnership; INTA and Wanhuida sponsorship – news digest

In our latest round-up, we look at a new study painting a worrying picture of lawyer wellbeing, PepsiCo introducing top brands to SodaStream, and much more. Read more

27 Sep 2021

Quarter of US law firms consider office space reductions as new work patterns emerge

The American Intellectual Property Law Association has released its 2021 Report of the Economic Survey. Read more

IP Offices

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25 Sep 2021

USMCA or FTA, UK GI regime will be defining factor in talks with US

Prospects of a trade deal and speculation that the United Kingdom could join the United States-Mexico-Canada Agreement have dominated coverage of the UK prime minister’s trip to Washington DC. Read more

24 Sep 2021

Amazon bans hundreds of Chinese brands; record-breaking year at UKIPO; Netflix acquires Roald Dahl rights – news digest

In our latest round-up, we look at Japanese companies urged to prepare for litigation in China, the UKIPO rejecting attempts to register footballer names, and much more. Read more

21 Sep 2021

Volkswagen drops ‘.brand’ new gTLD; Ice Cube likeness claim fails again; Watercress added to UK GI list – news digest

In our latest round-up, we look at how verification sticker labels are reducing counterfeit seed cases in Kenya, Nodwin Gaming acquiring an IP portfolio, and much more. Read more

21 Sep 2021

USPTO sanctions another attorney for signing off trademark applications from China without proper checks

The OED has published a new order regarding a US licensed attorney who admitted to performing ‘inadequate’ reviews of trademark filings as part of a business relationship with a foreign firm. Read more

Online

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30 Sep 2021

SHOP SAFE Act advances: AAFA calls for swift passage as critics slam legislation

The Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce (SHOP SAFE) Act has been approved by the House Judiciary Committee. Read more

23 Sep 2021

Dogecoin clean-up operation proves it does not pay to wait

The creators of meme-currency Dogecoin are facing an uphill battle to register their rights and fend off third-party applications, but other inventors can learn a lot from their troubles. Read more

21 Sep 2021

Confusing similarity v likelihood of confusion standards under the Anti-cybersquatting Consumer Protection Act

This decision of the US Court of Appeals for the 11th Circuit has implications for establishing that a defendant’s domain name is confusingly similar to a mark under the ACPA. Read more

17 Sep 2021

Emma Raducanu trademark misreporting; new INTA resolution; Oreo and Pokémon team up – news digest

In our latest round-up, we look at US Customs unveiling a dedicated centralised inspection facility in Los Angeles, the Kroger Co joining Buy Safe America, and much more. Read more

Portfolio Management

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1 Oct 2021

How Netflix builds long-term strategy around popular content and brands

The company purchased the Roald Dahl story catalogue, which it will leverage in streaming but also in its burgeoning video game and consumer businesses. Read more

16 Sep 2021

Lanham Act reaches foreign defendants’ extraterritorial conduct, but worldwide injunction too broad

In this dispute between a US remote control manufacturer and its former distributors, the US Court of Appeals for the 10th Circuit has considered the extraterritorial reach of the Lanham Act. Read more

8 Sep 2021

How Ford is redefining itself – starting with legacy trademarks

Evolving industries and a renewed brand focus require a new way of navigating trademark issues, reveals Ford chief trademark counsel Sharon Sorkin. Read more

7 Sep 2021

Starting afresh: the new face of Ford trademarks

Chief trademark counsel Sharon Sorkin reveals how she has been realigning legal with Ford’s renewed brand priorities in her first two years on the job. Read more

Trademark law

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28 Sep 2021

Why your TTAB judgment may fall flat in court

Parties must be aware of the vital differences between TTAB administrative proceedings and federal court civil litigation highlighted by a recent Third Circuit decision. Read more

16 Sep 2021

All eyes on SCOTUS: dispelling confusion on initial interest confusion

A longstanding circuit split could be resolved if the US Supreme Court accepts certiorari in a case that hinges on the initial interest confusion doctrine. Read more

15 Sep 2021

Inconsistency, fraud, laundering – research decries challenges for cannabis companies at the USPTO

A new study has investigated the so-called ‘trademark laundering trap’ that cannabis companies face if they seek brand protection at the USPTO. Read more

16 Aug 2021

USPTO criticised in scathing report from US Department of Commerce; expert warns of ‘troubling Sinophobia’

The US Department of Commerce has published a scathing report into the USPTO trademark registration process, claiming that it is “not effective” in preventing fraudulent or inaccurate registrations. Read more