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12 March 2018

Bacardi bourbon battle hits the mainstream press; UK company pledges to fight on

Over the past few days, a UK business owner’s dispute with Bacardi over its Angel’s Envy bourbon brand has garnered media attention in trade and national press titles. The dispute highlights a quandary for large companies when the ‘David v Goliath’ narrative is cited – whether to engage in public arguments or to keep quiet.

28 February 2018

Local use and invalidations: when use can defeat a registration

The Court of Appeal has considered when unregistered use can defeat an existing trademark registration, finding that localised unregistered use may be sufficient to invalidate a registered mark.

27 February 2018

Alibaba gone quiet? Brand owners give mixed response to marketplace giant's recent anti-counterfeiting efforts

​​​​​​​Over the first two months of the year, there has been little anti-counterfeiting messaging emanating from Alibaba. We speak to brand owners about whether there has been much under-the-radar activity. 

23 February 2018

The death knell for bulk domain enquiries? Rights holders voice concern as ICANN reveals proposed WHOIS model

Intellectual property experts have seized on gaps in ICANN's latest WHOIS model, claiming it could create significant roadblocks to effective enforcement efforts.

22 February 2018

Good news for rights holders: SON and NAFDAC enter into partnership to tackle fake and substandard products

The Standard Organisation of Nigeria and the National Agency for Food and Drugs Administration and Control have entered into a partnership to tackle and combat fake and substandard products in the country.

20 February 2018

Changing attitudes to letters of consent - what brand owners need to know

Letters of consent have been problematic in China, where brand owners often experience difficulty in obtaining such letters from local companies and having them accepted by the courts. However, there are encouraging signs that the situation is changing.

16 February 2018

JOY fails to prevent registration of HISPANITAS JOY IS A CHOICE despite enhanced distinctive character

In Jean Patou Worldwide v EUIPO, the General Court has confirmed that there was no likelihood of confusion between the figurative mark HISPANITAS JOY IS A CHOICE and the earlier mark JOY for “perfumes” in Class 3.

16 February 2018

Brands risk “destructive” reputational damage from lack of transparency about influencer marketing, study warns

A majority of UK consumers have a poor understanding of the regulations surrounding influencer marketing, with brands failing to capitalise on the public’s desire to remain informed, claims new study.

13 February 2018

Federal Circuit bleeps Lanham Act ban on immoral or scandalous marks

In In re: Brunetti, the Federal Circuit has reversed the TTAB's finding that the mark FUCT as used in connection with various apparel items was unregistrable under Section 2(a) of the Lanham Act.

12 February 2018

UDRP panel finds RDNH; complainants should disclose all prior dealings with respondent

A UDRP panel has denied the transfer of ‘modz.com’ to the owner of the mark MODZ, and also made a finding of reverse domain name hijacking for failure to disclose prior communications with the respondent. 

07 February 2018

Ram Trucks ad backlash; will negative press translate to longer term brand value?

Criticism of a Ram Trucks ad aired during this week’s Super Bowl broadcast continues to rumble on. A key question from a brand perspective is whether holding ground in the face of a backlash is the right approach.

05 February 2018

General Court confirms that DUAL EDGE is descriptive for Class 9 goods

In LG Electronics, Inc v EUIPO, the General Court has confirmed that DUAL EDGE is descriptive and lacks distinctive character for mobile phones and related goods.

27 April 2018

Good news for brands owners: custodial sentences given to owners of stores selling counterfeit goods

Following a significant operation carried out at Ecuador’s largest informal market, the owners of three stores in which counterfeit goods were seized were arrested and given prison sentences.

25 April 2018

Victory for Coca-Cola: Delhi High Court grants permanent injunction against use of KINLEY

The Delhi High Court has issued a permanent injunction prohibiting Glacier Water Industries from using Coca-Cola’s KINLEY mark and passing off its goods as those of Coca-Cola.

24 April 2018

Blow for Crocs: 3D mark representing famous clogs declared invalid

The Dominican Republic's Patent and Trademark Office has ordered the cancellation of a 3D trademark representing Crocs Inc's famous clog shoe, as the mark was considered to be functional.