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28 June 2016

Comodo spat shows importance of effective PR around trademark strategies

An internet security company’s trademark filings for the brand name of a rival organisation has caused an uproar in the technology community. While the company has now abandoned the applications, the PR storm surrounding the initial filings – exacerbated by its CEO”s “patronising” comments on the company’s public message board – demonstrates the need for effective messaging around trademark strategies.

01 June 2016

Facebook likes trademark win but Apple falls in China

In a recent high profile case, Facebook secured a victory against a trademark squatter at the Beijing High People’s Court. This comes shortly after Apple was defeated in its iPhone trademark battle.

31 May 2016

Trademarkia and others react to Alibaba’s potential entry into trademark registration world

Alibaba Group is poised to enter the market for trademark filing services through the launch of a platform called Chuangxin Bao. The relative lack of fanfare for the launch suggests a low-key start for the offering, but conversations at last week’s INTA Annual Meeting in Orlando suggest that those in the trademark industry, both inside and outside China, are watching closely.

12 May 2016

Virtual reality is set to emerge as a new trademark battleground, brand owners are warned

If this year’s technology predictions hold true, 2016 will be the year that virtual reality (VR) begins to break into the mainstream. As products from the likes of Google, Facebook, Microsoft, Sony, HTC and Samsung add much-needed competition to a new generation of VR devices, one IP expert tells World Trademark Review that VR platforms and VR-related domains should now be on the policing schedule for most brand owners.

10 May 2016

Great Firewall no barrier to trademark protection as Facebook wins China court battle

Reports emerged over the weekend that Facebook had won a trademark dispute in China, despite the social network being blocked by Chinese authorities. While the mark’s registrant has argued that censorship of Facebook in China precludes it from being a well-known brand there, experts suggest that the court relied instead on the principle of bad faith to rule in the US company’s favour.

28 April 2016

Apple button considered not distinctive

The Federal Administrative Court has dismissed an appeal against a decision of the Federal Institute of Intellectual Property which partially refused to register a design trademark of Apple Inc showing a button form in a round circle.

28 April 2016

Amazon’s clear labelling defeats MTM trademark claims

The Supreme Court has denied certiorari for the Ninth Circuit decision in Multi Time Machine Inc v Amazon.com Inc, which held that Amazon did not infringe MTM’s trademark in its presentation of other competing products in a consumer’s search results.

08 April 2016

Alibaba expands on anti-counterfeiting efforts after spat with rivals

Alibaba chairman Jack Ma has called on rivals JD.com and Tencent to ensure that they are cracking down on the sale of fake goods on e-commerce sites. JD.com subsequently hit back, noting that it “works with third parties, brands and governments who are genuinely focused on tackling counterfeits”. As the war of words continues, World Trademark Review takes a closer look at Alibaba’s current anti-counterfeiting collaborations in China.

29 March 2016

Use of a trademark involves active behaviour and control

The ECJ has considered whether a trademark owner could establish that its mark had been infringed by a third party in an online ad originally published with its consent, but subsequently disseminated without its consent in circumstances where the third party had taken all reasonable steps to remove the ad from the Internet.

22 March 2016

Innelec Multimedia cleared of infringing mark owned by Sony Corporation

Innelec Multimedia contested the seizure of its goods by French Customs. The court found in favour of Innelec and ordered that Customs pay the warehousing fees and compensation.

16 March 2016

Online ad blocker spat shows strategic power of trademarks in open source ecosystem

Apple recently removed Magic AdBlock, a program used to block and filter online advertisements, from its App Store after receiving a complaint of trademark infringement from the producers of rival software AdBlock Plus. The dispute underlines the often crucial role that branding and trademarks can play in open source projects where patent and copyright protection is absent.

09 March 2016

eBay prevails in trademark opposition

US company eBay Inc has successfully opposed the registration of E-MARKET E-BAY HELLAS because of its similarity to its own EBAY marks.

08 March 2016

Leading e-sports team Fnatic: it is “imperative” that the industry takes trademarks seriously

The CEO of one of the biggest e-sports organisations has revealed how trademarks have allowed it to commercialise its brand and expand around the world. In this fledgling sector, such a proactive approach to IP is rare; but major e-sports teams should be more aware of the importance of their brands - both for their own growth and for the credibility of the industry.