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03 May 2017

High Court determines appeal against refusal of SOVEREIGN trademark

The recently dismissed appeal against a hearing officer's decision to refuse the registration of the mark SOVEREIGN in respect of "gold commemorative coins" is a reminder that the threshold for success on appeal from a hearing officer – whether to the appointed person or the High Court – is high.

15 August 2017

Mystery over fake TMview site owned by Gleissner; source suggests tycoon may seek license fee from EUIPO

A website owned by a company related to notorious trademark filer Michael Gleissner has been found imitating the EU Intellectual Property Office’s search platform TMview. The site has been described as a “phishing page” by one attorney, but an insider source tells World Trademark Review it is more likely that the entertainment tycoon is looking to sell or license the domain to the EUIPO.

01 August 2017

EFF highlights “trademark bullying” evasion tactics as debate over new gTLD policing heats up

The Electronic Frontier Foundation (EFF) and Public Knowledge have published a report advising domain name registrants that, in a bid to “minimise exposure to trademark bullying”, they should avoid registering domains in the new gTLD environment. While counsel may object to the ‘bullying’ label being extended to legitimate enforcement efforts, the report could have a positive payback for policing strategies.

08 September 2017

Major initiative launches to combat illicit trade, aims to unite anti-counterfeiting and supply chain innovators

A new private sector initiative, the Transnational Alliance to Combat Illicit Trade, was unveiled this week with a mandate to “stop the significant and growing economic and social damages caused by illicit trade”.​ Director General Jeffrey P Hardy told World Trademark Review that anti-counterfeiting efforts will be just one work stream, with the organisation aiming to foster a cross-sectorial effort against illicit trade in all of its guises.

08 September 2017

Technology sector brands are boosting ASEAN economies, new report reveals

A new study into the economic importance of trademarks in five Association of Southeast Asian Nations countries has provided compelling evidence that trademark-intensive industries make a vital contribution to gross domestic product, employment and productivity in the region. The report, commissioned by the International Trademark Association, highlights the role played by technology brands in regional economies.

08 September 2017

Fakes on sale, big brands in attendance: dispatches from the China Trademark Festival

The China Trademark Association (CTA) held its annual Trademark Festival in the last week, with domestic and international representatives attending in their thousands. We spoke with various attendees about their observations and highlights from the event.

06 September 2017

Sultan of Oman issues and ratifies three important IP-related treaties and laws

The Sultan of Oman has recently issued and ratified three important IP-related treaties and laws – the Gulf Cooperation Council Trademark Law, the protocol amending the Trade-Related Aspects of Intellectual Property Rights Agreement and the amendment to the Marrakech Agreement.

04 September 2017

Hindustan Unilever triumphs in slander of goods case

In Hindustan Unilever Limited v Gujarat Cooperative Milk Marketing Federation Ltd, the Bombay High Court recently held that an action for disparagement of a plaintiff’s product can be sustained even if the advertisement is directed towards an entire class of products within which a complaining plaintiff’s product falls.

17 July 2017

Copycat packaging enjoined for unfair competition on dilution grounds

The Seoul Central District Court recently granted a preliminary injunction against the sale of a banana-flavoured jelly product on the grounds of dilution. The court found that the plaintiff's banana-flavoured milk product was a well-known source identifier. As such, the plaintiff had rights to its appearance even for non-milk products.

12 July 2017

‘.storage’ to be relaunched

The registry has announced that it has acquired ‘.storage’, its 10th new generic top-level domain (gTLD). already operates ‘.xyz’, the largest new gTLD, and eight others, which it has acquired subsequently through a joint venture with Uniregistry.

11 July 2017

Speculate to accumulate: CPA Global steps up Asia investment after reports that company is mulling sale

CPA Global has announced an undisclosed investment in Korean IP services provider Markpro. The move comes after recent reports that the company is exploring a possible sale or flotation of the business. In that context, this week’s move to step up Asian market penetration should not come as a surprise to industry analysts.

07 July 2017

A TTAB trend – barring surname trademarks

In a published opinion authored by Justice Quinn, the Trademark Trial and Appeal Board has continued its recent trend of denying applications on the Principal Register of names that could be characterised as a surname, unless there is evidence of acquired distinctiveness.

06 July 2017

Exclusive survey finds OAPI agents broadly optimistic but concerns raised over frequent errors, slow examinations and soaring trade in fakes

An independent survey conducted by World Trademark Review has assessed the sentiment of agents accredited by the African Intellectual Property Organisation (OAPI) and feedback was decidedly mixed.

06 July 2017

Clash of the cleaners

In a recent decision under the Uniform Domain Name Dispute Resolution Policy before the World Intellectual Property Organisation, a panel not only denied the complaint, but also held that it had been brought in bad faith and constituted an abuse of the administrative proceeding – a practice known as ‘reverse domain name hijacking’.

04 July 2017

Regulations of Legislative Decree 1075 have been approved

In December 2016 Legislative Decree 1309 was published in the Official Gazette El Peruano. This decree establishes that the Executive Branch will issue the regulatory provisions of Legislative Decree 1075.