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18 April 2019

Federal Circuit clarifies commercial use evidence requirements at USPTO’s request

The court last week made precedential a January 2019 opinion it issued on the type of website specimens required to prove commercial use. The move follows a request by the US Patent and Trademark Office, which argued that it would provide clarity and reduce the chances of future litigation.

18 April 2019

<em>Alma Capital</em> decision reflects nuanced approach to UDRP

In a recent decision under the UDRP, the panel has refused to order the transfer of a domain name consisting of the complainant's registered trademark in its entirety as the leading element of the disputed domain name. 

18 April 2019

Notre Dame misinformation highlights brand protection challenge for media organisations

There have been numerous reports of fake media accounts spreading conspiracy theories around the Notre Dame Cathedral fire. Such activity around major events is a reminder of the significant challenge that IP practitioners face. 

11 April 2019

Video game industry may face digital overhaul, but Nintendo can always call upon Mario

Big Tech has dipped its toes into the industry, posing a risk to traditional manufacturers. We take a deep dive into one of the market’s biggest players, Nintendo, to understand how its brands have helped the company sustain its success.

11 April 2019

The Ueda Files: the world’s most prolific trademark filer and a conundrum for brands

An incredibly prolific trademark filer in Japan, Ikuhiro Ueda, is causing headaches for brands, according to experts. In an exclusive investigation from WTR, we reveal the staggering scope of this portfolio-building exercise.

11 April 2019

The Ueda Files: the world’s most prolific trademark filer and a conundrum for brands

An incredibly prolific trademark filer in Japan, Ikuhiro Ueda, is causing headaches for brands, according to experts. In an exclusive investigation from WTR, we reveal the staggering scope of this portfolio-building exercise.

10 April 2019

BOOKING.COM is not generic: Fourth Circuit addresses protection for ‘.com’ trademarks

In Booking.com BV v USPTO, the US Court of Appeals for the Fourth Circuit has weighed in on the somewhat controversial issue of the genericness of a mark that contains a TLD such as ‘.com’.

08 April 2019

Constitutional Court weighs trademark rights against freedom of expression

Following an application by an individual, the Turkish Constitutional Court has considered whether the freedom of expression is violated by an order blocking the access to a website for an indefinite period of time. 

05 April 2019

How South Africa’s predicted economic upswing will create opportunities for brands and their advisors

The country is seeing increased interest from international entities - particularly from the US; this will likely grow in scale as not only the South African economy develops, but as other emerging markets on the African continent grow. 

03 April 2019

“Enough is enough” – content creators vow to work with USPTO to fight back against trademark bullies

In an exclusive interview, the founder of a rapidly-growing group of content creators speaks about challenging “trademark bullies” and “frivolous applications” through evidence-gathering, protest letters and cancellation actions. 

02 April 2019

Fly in the ointment: panel refuses to transfer ‘flygresor.com’ under UDRP

A recent decision involving the domain name ‘flygresor.com’ highlights the fact that the UDRP was designed to address specific issues related to cybersquatting, and that more complex disputes generally fall outside of its scope.

01 April 2019

<em>ClearBank</em> cases: clear-cut denials as domain names predated trademark

Three recent decisions involving the same complainant, ClearBank Limited, show that the doctrine of so-called ‘retroactive bad faith’ is no longer accepted as a reasonable interpretation of the UDRP.

28 March 2019

How Signify’s IP team undertook its global rebrand from Philips Lighting: exclusive interview

Senior IP counsel Joeri Mombers provides a detailed insider’s view of lighting giant Signify's "once in a lifetime" trademark project.

25 March 2019

UDRP respondent establishes prior registration based on unbroken chain of possession

A decision under the UDRP illustrates how a respondent may rely on an unbroken chain of ownership of a disputed domain name to establish its original registration/acquisition date. 

22 March 2019

How Mastercard is adapting to the digital era and going sonic – exclusive interview

Even widely known and well-established companies must continuously adapt their brand strategies to suit the changing technological and commercial environment. This is a key concern at Mastercard, whose head of intellectual property Colm Dobbyn and senior IP counsel Francesca Silverman spoke to WTR this week.