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14 November 2008

Protection of unregistered trademarks and other commercial signs

Unregistered trademarks, trade names and other business signs are protected in Canada under the common law action of passing off. Although this grants unregistered rights extensive protection, passing off carries a heavy burden of proof

14 November 2008

Focus on ASEAN Intellectual Property Association

The ASEAN Intellectual Property Association was established with the aim of providing a means for ASEAN governments to enhance IP cooperation between member countries. It has had many successes to date and is hoping to establish a regional ASEAN trademark registration system, similar to the CTM in the European Union

14 November 2008

Trademark managementThe lowdown on brand-led corporate transactions

Brands have often been marginalized in favour of tangible assets in the context of corporate transactions. Increasingly, though, companies and practitioners are recognizing the importance of brands.

18 September 2008

Wahaha gets the last laugh - for now

In the latest instalment of the battle between Danone Group and Wahaha Group over the WAHAHA trademark in China, the Hangzhou Intermediate People's Court has upheld a decision of the Hangzhou Arbitration Commission in which the latter had ruled that Wahaha was the owner of the WAHAHA trademark.

04 September 2008

Plundering Culture

While the scope of protection to be afforded to indigenous peoples’ rights is still the subject of international debate, brand owners should take note that the efforts to preserve or revive these rights mean that some names or traditional imagery may not be used freely

04 September 2008

The inside track – Coca-Cola

The recently appointed European trademark counsel for The Coca-Cola Company talks to World Trademark Review about moving from private practice, tightening budgets and poor customs legislation, among other things

04 September 2008

Trademark managementA guide to licensing and franchising in Russia

Recent changes to Russia’s IP legislation have reinforced a statutory platform for contractual licensing and franchising in Russia. While the new rules have clarified certain aspects, licensing and franchising remain complex operations in Russia

01 August 2008

Boxing clever: Lonsdale in split decision

In Leofelis SA v Lonsdale Sports Ltd, a case involving the complex licensing arrangements relating to the LONSDALE marks, the Court of Appeal for England and Wales has partly allowed the defendants' appeal of the trial judge's decision. Among other things, the court held that the defendants had not made misrepresentations during certain licensing negotiations.

09 July 2008

Second Circuit examines effect of transferring trademark 'in gross'

In The Topps Co Inc v Cadbury Stani SAIC, the US Court of Appeals for the Second Circuit has overturned a summary judgment in favour of Cadbury Stani SAIC after determining that the licence in suit was ambiguous and inapposite for determination on summary judgment. The court also discussed the legal effect of transferring a trademark 'in gross'.

08 July 2008

Queen tribute case highlights use of company law remedies in IP disputes

In Showtime Management Australia Pty Ltd v Showtime Presents Pty Ltd, the New South Wales Supreme Court has granted an interlocutory injunction requiring the repatriation to Australia of the profits of Queen tribute concerts, to be held securely pending the outcome of the proceedings. The case highlighted the use of Corporations Act remedies in an IP dispute.

07 July 2008

Licensors must not frustrate licensees' use of trademark

In JLCS Pty Ltd v Squires Loft City Steakhouse Pty Ltd, the Federal Court has considered the licensors' obligation not to frustrate the licensees' use of a trademark. Among other things, the court held that the licensors had an obligation not to use the name Squire's Loft in a location so proximate to the licensees' restaurant that it would result in a significant adverse effect on the goodwill of the restaurant.

01 July 2008

Brands from the frontlineDuPont model may offer business solutions

The structure and organization of DuPont pose IP protection and enforcement challenges. The recent creation of a brand protection centre is helping the business to meet these challenges and may provide inspiration for other brand owners

01 July 2008

Industry Awards 2008

On May 20 2008 World Trademark Review announced the winners of its second Industry Awards for in-house trademark counsel at a ceremony in Berlin. The awards are designed to recognize the vitally important work done by in-house trademark counsel, and identify the teams and individuals that are performing their functions to the highest possible standards. The following pages feature profiles of the winners

01 July 2008

Best of Berlin

The International Trademark Association’s (INTA) annual meeting is still the most important event in the trademark community’s calendar. Taking the famous wall of its host city as inspiration, the theme for the 130th annual meeting in Berlin this year was ‘breaking down barriers’, with a focus on crossborder and cross-discipline issues. In this section, World Trademark Review looks at some of the highlights of the conference

01 July 2008

Awards night

Over 100 senior trademark professionals attended the second World Trademark Review Industry Awards (www.Industry-Awards.com) at the stylish Hotel de Rome in Berlin. The following brand owners were represented: Adam Opel, Allianz, Amazon, Anheuser-Busch, Apple, Bayer, Beiersdorf, BP, Cadbury Schweppes, Diageo, DuPont, eBay, ExxonMobil, Federación Nacional de Cafeteros de Colombia, General Electric, GlaxoSmithKline, Google, Gucci, Harley- Davidson, Honeywell International, Intel, Johnson & Johnson, Mars, Microsoft, Nestlé, News Corp, Nokia, Pepsico, Petrobras, Philips, Procter & Gamble, Richemont, Sanofi-Aventis, The Coca-Cola Company, TimeWarner, Total, UBS, Viacom and Yamaha