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05 November 2019

TREBOL case: notoriety as a defence in non-use cancellation actions

Peru’s Administrative Court of Appeals has dismissed an action for the cancellation of the mark TREBOL in Class 1 due to non-use, as the owner had demonstrated that the mark was a variation of the well-known figurative trademark TREBOL in Class 11.  

05 November 2019

The positive placebo effects of high-performance brand reputation revealed

A recent study has brought to light new research revealing that trademarks with a performance-enhancing reputation have a positive placebo effect on consumers – the author telling WTR that the findings help challenge the assumption that consumers lose when they pay extra for a high-prestige brand.

05 November 2019

Tencent mounts defence of WeChat brand protection efforts, but key numbers not yet public

Tencent Holdings’ general counsel has submitted a rebuttal to criticism of the company’s brand protection activities on its WeChat platform, arguing that inclusion on the Office of the US Trade Representative’s next notorious markets list would be “unwarranted”. The document sheds light on how the company is approaching its anti-counterfeiting efforts.

05 November 2019

OpSec to acquire MarkMonitor’s brand protection business as Clarivate looks to streamline offerings

OpSec Security and Clarivate Analytics have announced an agreement which will see OpSec acquire MarkMonitor’s brand protection, anti-piracy and anti-fraud business. The announcement came on the day that Clarivate reported its third-quarter results, the company noting that the move will allow it to streamline its IP solutions offerings.

05 November 2019

General Court attempts to solve Rubik’s Cube puzzle

In Rubik’s Brand Ltd v EUIPO, the EU General Court has confirmed the cancellation of an EU trademark consisting of the shape of the well-known Rubik’s Cube puzzle in the latest decision in the long-running battle between Rubik’s Brand and Simba Toys.

04 November 2019

KIPO’s crackdown on Korean copycats and what it means for foreign brands

A Korean government crackdown on alleged copycat brands has seen two businesses have offices shut down, and product seizures in shops operating overseas. WTR consulted Korean practitioners to ascertain how foreign brands need to adapt to stay safe of the campaign.

04 November 2019

Criminal sentence handed down for possession of infringing FC Barcelona t-shirts

The Madrid Court of Appeal has upheld a lower court decision sentencing the defendant to five months’ imprisonment for possessing 9,317 counterfeit items of clothing for commercial purposes, including t-shirts infringing the IP rights of FC Barcelona.

04 November 2019

Keep calm and CARRY ON ping-ponging between a hearing officer and an appointed person

The decision of the appointed person in opposition proceedings between ITV Studios Ltd and Carry On Films Limited serves as a reminder that all relevant grounds should be taken into consideration at the first instance to limit the burden on the parties and the court system.

04 November 2019

Chinese company to acquire Thomas Cook brand and appears to have grabbed a bargain

In our latest opinion piece, we consider the news that Fosun Tourism Group is purchasing the Thomas Cook brand, recently valued at £836 million, in a deal worth £11 million – arguing that the company is making a canny acquisition.

04 November 2019

“They hoped to grind us down” – Bentley Clothing voices relief at trademark win against motoring giant

UK family-run fashion business Bentley Clothing has prevailed against Bentley Motors in a long-running trademark dispute. Talking to WTR, the owner of Bentley Clothing speaks of the stress that the case has caused.

02 November 2019

DHgate steps up anti-counterfeiting messaging; denies business relationship with Superbuy

Major Chinese online marketplace DHgate has published a stringent defence of its anti-counterfeiting efforts and – following the discovery of a possible link to Superbuy – denies any relationship with the popular Chinese shipping agent.

01 November 2019

Six counterfeit hotspots that you must be aware of in Indonesia

In the latest edition of our  series on marketplaces across the world that reportedly engage in the trade of counterfeit goods we head to Indonesia.

01 November 2019

Good news for trademarks owners: trademark office may now issue declarations of notoriety 

The Costa Rican trademark office’s Administrative Guideline DPI-0003-2019, which details the procedure for obtaining a declaration of notoriety of a mark, was recently published in the Official Gazette.

01 November 2019

Never underestimate the importance of DUNGEONS in Dungeons & Dragons

In Kalypso Media Group GmbH v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between the mark DUNGEONS and the earlier mark DUNGEONS & DRAGONS for games and computer games.

01 November 2019

Brands could be the centre of renewed focus during Israel’s scale-up phase

The start-up nation’s register is dominated by foreign applicants but, as the government throws its weight behind maturing businesses, strong branding will help domestic companies to become a feature of the economy.