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25 August 2010

Peter Dengate Thrush: the internet’s ringleader

On the cusp of the new generic top-level domain application period, ICANN Chairman Peter Dengate Thrush tells WTR that the trademark community may have delayed the process enough and that the board may be ready to force it into submission.

25 August 2010

Auction sites: time for a history lesson

Frederick Mostert, chairman of the Walpole IP & Brand Protection Working Group, suggests that the solution to the problem of trademark piracy on online auction sites can be found by drawing on historical experience

04 May 2010

Domain name management

With the ‘.рф’ domain extension approved, it is important that trademark owners plan registrations now, or risk costly enforcement action later.

04 May 2010

Creating a global approach

While litigation is usually regarded as a last resort in the event of infringement, sometimes it is difficult to avoid. In such cases it is important to ensure that you have the right strategy in place – particularly when the infringement has a cross-border dimension. Nowadays, when problems can arise in many corners of the world, the need to think ahead and understand how systems work in different countries is greater than ever.

04 May 2010

Letters

The Trademark Technical and Conforming Amendment Act 2010 provides for a study to examine “the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner”. The act was sponsored by Senator Patrick Leahy (Vermont), in whose state Monster Energy Drinks sought to prevent a microbrewery’s use of the mark VERMONSTER for beer.

04 May 2010

Criticism website disputes: searching for a middle ground

Criticism websites can be problematic for trademark owners, which are turning to the UDRP more frequently to tackle such issues. However, this is one of the main areas of contention among panellists, with conflicting views on how to address the complexities involved

04 May 2010

When enforcement becomes bullying

A trademark owner has a legal duty to police its mark. But when does good-faith, albeit aggressive, protection of trademark rights become bad-faith bullying based on a claim of rights which do not exist?

04 May 2010

Domain name management

The time has come for brand owners to fight back against online infringement.

04 May 2010

Domain name management

There are a number of obstacles for foreign companies to overcome when registering a ‘.br’ domain name.

04 May 2010

Domain name management

A number of issues are raised by the registration of ‘.it’ domain names, but these need to be overcome as ownership of domain names is crucial to obtain IP rights that can be defended against third parties.

04 May 2010

Growing clarity in South Africa

In the latter part of 2009, South Africa’s Supreme Court of Appeal handed down four noteworthy trademark judgments

04 May 2010

Charting the development of the trademark industry through INTA

An analysis of INTA membership and annual meeting participation and programmes, compared against available industry data, serves as a useful barometer of the trademark industry

07 July 2010

Protecting your good name in China

Having transliterated your brand and company names, the next step involves properly protecting them both to counter the risk of infringement.

07 July 2010

Trademark acquisitions – time to do your homework

Trademark counsel rarely have the time and resources to contribute fully to decisions on corporate acquisition activities. But to provide expert, effective, transaction-specific trademark due diligence, several issues should be considered.

04 May 2010

Domain name management

The IL-DRP plays a significant role in the resolution of domain name disputes through out-of-court proceedings. However, the source of its legal authority and the binding force of its decisions are uncertain.