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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.

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.

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.

08 October 2019

Associations call for WeChat inclusion on USTR’s Notorious Markets List

Brand and IP associations have used the comment period for the next USTR Notorious Markets List to call for the inclusion of WeChat. It comes at a time of heightened tension between the US government and Chinese tech companies.

07 October 2019

Lithuanian courts examine legal relationship between trademarks and corporate names

In civil proceedings brought by the owner of the mark VILKO TAKAS against UAB KF/SIK Vilko takas, the Lithuanian courts have considered the legal relationship between trademarks and corporate names, as well as the legal protection for domain names. 

02 October 2019

WIPO becomes first non-Chinese entity to administer ‘.cn’ domain name disputes

WIPO has recently announced that its Arbitration and Mediation Centre has been appointed by the Cyberspace Administration of China to administer domain name disputes under ‘.cn’ and ‘.中国’, the ccTLDs for China. 

30 September 2019

Trademark owners beware: domain name registration may be justified by previous distribution relationship

A recent UDRP decision concerning the domain name ‘embryolisseusa.com’ is instructive for trademark owners intending to engage distributors for the sale of their goods/services.

27 September 2019

DC Comics’ day one appreciation of characters sets it up for sustained success

Age-old brands prove yet again to be a key asset as streaming wars heat up, but Batman is bigger than the digital era.

27 September 2019

WIPO Arbitration and Mediation Centre issues first decision under UA-DRP

Following the entry into force of the ‘.ua’ Domain Name Dispute Resolution Policy in March 2019, the WIPO Arbitration and Mediation Centre has issued its first administrative panel decision in proceedings involving a ‘.ua’ domain name.  

26 September 2019

OTTO v OTTO's: Federal Supreme Court partially upholds Swiss retailer's appeal

The Swiss Federal Supreme Court has recently considered a trademark and unfair competition dispute between two companies that owned trademarks containing the element ‘OTTO’.

23 September 2019

Online infringement of American company’s trademark results in imprisonment of Iranian infringer

The Criminal Court of Tehran has sentenced an Iranian scientist to one year of imprisonment for infringement of the American Iron and Steel Institute’s trademarks.

21 September 2019

New Zealand thrives where others have failed – and it is all down to brand

The small island country has boosted its tourism by turning itself into a brand; the jurisdiction is increasingly attractive for multinational brands and it makes its presence known on the world stage.

20 September 2019

“It’s the fear of the unknown”: Microsoft’s Priscilla Gomes on why AI should be embraced by the legal community 

At this week's INTA Trademark Administrators and Practitioners meeting, WTR sat down with Priscilla Gomes, a paralegal in the Windows and games department of Microsoft, to find out whether fears of AI are warranted or misguided by legal professionals.

19 September 2019

CJEU clarifies jurisdiction in online infringement cases: the consumers' country is the place of infringement

In a victory for trademark owners, the Court of Justice of the European Union has clarified the issue of jurisdiction in cases involving the online infringement of EU trademarks.