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14 October 2019

No remedy for failure to prove bad faith at time of domain name registration

A recent UDRP decision involving the domain name ‘aizel.com’ highlights the importance of proving bad faith at the time of registration of a domain name, especially when the complainant’s trademark did not yet exist at that time.

14 October 2019

Eight counterfeit hotspots in Argentina that brand owners should be aware of

In the latest edition of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Argentina.

14 October 2019

General Court confirms invalidity of trademark consisting of 2D depiction of shape of goods that performs a technical function

In Roxtec AB v EUIPO, the EU General Court has upheld a decision of the Second Board of Appeal of the EUIPO finding that a figurative trademark depicting a black square containing seven concentric blue circles was invalid.

11 October 2019

ADDICTED 'marijuana' device mark invalidated on application by adidas

In a decision that provides a warning to companies seeking to parody well-known brands, the UK Intellectual Property Office has upheld adidas's application for a declaration of invalidity of the device mark ADDICTED.

11 October 2019

Online betting heats up in the US with string of M&A activity

Flutter Entertainment’s acquisition of The Stars Group would show that, despite uncertainty, major players in the gambling industry see the newly liberated US as a high-growth market.

11 October 2019

Second user vaping company has no claim to AFFLICTION

The US Court of Appeals for the 10th Circuit has found that the district court had erred in finding that there was no likelihood of confusion between the mark AFFLICTION for apparel and the mark VAPE AFFLICTION for vaping accessories.

10 October 2019

Counterfeit hotspots in Malta that brand owners should have on their enforcement radar

In the next part of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to the Mediterranean island of Malta.

10 October 2019

Brexit, trade wars and political turmoil: what dominated the 2019 Nation Brand report

Brand Finance has released its annual Nation Brand report, which sees notable movement from developing countries – highlighting the economic shift powered by innovation in the Middle East, Africa, Asia and Latin America.

10 October 2019

Vietnam joins the Hague System

On 30 September 2019 Vietnam presented its instrument of accession to the Hague System to WIPO. Vietnam is now a member of all three international registration systems, in addition to the PCT system for patents and the Madrid system for trademarks.

10 October 2019

#DARFERDAS? case: CJEU clarifies distinctiveness requirements

In a case involving the mark #DARFERDAS?, the Court of Justice of the European Union has held that, when examining the distinctive character of a mark, all the likely types of use must be taken into account.

09 October 2019

Crowd-shipping: a new frontier in the fight against counterfeiting?

Multiple crowd-shipping platforms now allow the transport of small packaged goods to be handled by independent contractors. WTR looks into the potential challenge this may pose to brands and anti-counterfeiting professionals. 

09 October 2019

The similarity threshold for trademark dilution under Article 8(5) – how low does it go?

The EU General Court has overturned the denial of Volvo’s opposition against the registration of the mark V-WHEELS, holding that the EUIPO had incorrectly found that the relevant marks were dissimilar for the purposes of Article 8(5) of EU Regulation 2017/1001.

09 October 2019

NBA crisis highlights the China conundrum for all brands

We speak with IP and PR experts on what brand owners must learn from the NBA's ongoing crisis in China, with one claiming that this is “the biggest trademark story of the year”.

09 October 2019

UDRP complaint has more holes than Swiss cheese

A WIPO panel has refused to order the transfer of the domain name ‘solothurn.com’ because the complainants – three entities related to the Swiss city of Solothurn – had failed to establish the first element under the UDRP.

08 October 2019

Ortlieb v Amazon - the constant struggle to find what you are looking for

In the longstanding dispute between outdoor gear company Ortlieb and Amazon in Germany, the Federal Supreme Court has confirmed that the use of the trademark ORTLIEB by Amazon in online advertisements constituted trademark infringement.