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25 August 2010

Publicity and image rights

Italian law provides strong protection for personal names and portraits as trademarks. The relationship between image protection and trademarks is defined by the few articles in the Industrial Property Code that deal specifically with images and personal names in relation to trademarks.

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

28 October 2010

Letters

Use WTR’s letters page to comment on issues raised in the magazine and WTR Daily, and to air your views on the industry.

28 October 2010

Unregistered trademarks

There are two types of unregistered trademark. The first, type A, is a trademark that is not registered in any class of goods or services within its jurisdiction; the second, type B, is a trademark that is registered in one or more classes or subclasses, but not in the class or subclass concerned in the dispute.

07 July 2010

Kurian hits out at rumours over reorganization of Indian IPO

The controller general of the Indian Intellectual Property Office (IPO), P H Kurian, has moved to quash rumours that the trademark function is set to be removed from the jurisdiction of the IPO.

07 July 2010

Design and trade dress

Different approaches are available for protecting design and trade dress, depending on how established the product is in the Chinese market.

02 November 2009

Advertising

In a landmark decision, the High Court of Madras has attempted to tighten the rules on comparative advertising. However, the ruling may have opened the door to inconsistency in the interpretation of the law in this area.

02 November 2009

Advertising

While a fully joined-up European advertising policy remains a dream, at least the Danish system has been updated to provide comprehensive coverage. Moreover, individuals have a strong ally against unfair advertising in the shape of the Consumer Ombudsman.

02 November 2009

Advertising

Advertisers must take into consideration provisions of the Consumer Code and Legislative Decree 145/2007 when devising a marketing campaign. Any breach of the rules could lead to the advertisement being suspended and a fine.

02 November 2009

Advertising

Often the best way to make a product stand out is to compare it to competing products on the market. However, while powerful, comparative advertising treads a fine legal line between good business and unfair competition.

02 November 2009

Advertising

Norwegian law offers several means of enforcement against unfair and comparative advertising. This article analyzes the options available and provides an overview of recent amendments to the Marketing Control Act.

02 November 2009

Advertising

Brazil’s new fondness for comparative ads has highlighted ambiguities in the legal regime in this area. However, there is considerably more certainty over ambush marketing: the country’s selection as host of the 2014 World Cup and the 2016 Olympics have already prompted bills on the subject.

06 January 2010

Managing the divorce

The dispute over the Danone-Wahaha joint venture offers some valuable lessons for companies considering partnerships in Asia. Many of the problems that can arise are preventable through careful planning and an understanding of local business culture.

06 January 2010

Well-known and famous marks

The scope of traditional trademark protection is expanding with the recognition of well-known marks and marks with a reputation. Despite there being no legal definitions of these concepts, Portuguese doctrine and jurisprudence are working towards solutions which will enable owners of such marks to defend their rights.