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09 November 2007

Philippines making headway

Following a shift of emphasis from the government, the Philippines has made significant progress to improve its IP rights protection regime in the past two to three years

09 November 2007

Advertising

The use of another party’s trademark in advertising remains controversial in the online context. The US courts have yet to come to an agreement as to the legality of practices such as keyword advertising

09 November 2007

Advertising

The relationship between trademarks and advertising has its complexities, prompting questions such as when using another party’s trademark in advertising constitutes an infringement, whether a slogan can be registered as a mark and what advertising uses will suffice to maintain rights in a mark

09 November 2007

Advertising

Ten years ago, comparative advertising featuring third-party marks was unlawful in Benelux. The implementation of the EU Comparative Advertising Directive has forced a change in thinking, but the courts still maintain a relatively strict approach

09 November 2007

The perils of attraction

As a brand it looks as if Playboy has it all. Strong marks and a distinctive logo have made the company a licensing powerhouse. However, this also makes them attractive to counterfeiters

09 November 2007

Money and mayhem

Brand extensions and celebrity endorsements can be the easiest route to a rapid increase in revenue. But as some companies have found out, they are not guarantees of success

09 November 2007

Advertising

It is still unclear when use of another party’s mark in advertising is infringing under UK law. That is why the English courts have referred a number of questions on this issue to the European Court of Justice

09 November 2007

Advertising

Two sets of regulatory frameworks govern advertising practices in Italy. One is self-regulatory, the other legislative. Brand owners looking to promote their products or services in Italy and those advising them need to be fully aware of both systems

09 November 2007

Brands from the frontlineFrom the cradle to the grave

While human life expectancy is on the increase, that of cosmetics trademarks is dwindling. This requires a new approach for the trademark lawyers protecting these brands

09 November 2007

Trademark managementBeware the ambiguous licence termination clause

Licensing should create a win-win situation for both licensor and licensee, but things can still turn sour. Therefore, all licensing agreements should contain unambiguous termination provisions that clearly define which conduct constitutes a fundamental breach

09 November 2007

Building the brand

Four experts discuss some of the crucial issues affecting brand creation and management

09 November 2007

Brazil’s franchising boom

With a growing economy and large population, Brazil is now a key market for rights holders looking to develop their franchising arms. However, brand owners seeking to cash in need to be aware of their rights and obligations

09 November 2007

Advertising

Advertising in Mexico is highly regulated and IP law forms part of the framework governing this area. Brand owners should familiarize themselves with the rules and protection available before embarking on an advertising campaign

31 October 2007

CIRA panel rejects 'bowring.ca' complaint over technicalities

In Bowring & Co Inc v Maddeaux, a Canadian Internet Registration Authority panel has held that Bowring & Co Inc had failed to prove ownership of the BOWRING trademark and to show a Canadian presence. Among other things, the panel read the Canadian Presence Requirements as placing a burden on Bowring to show or demonstrate (and not merely warrant or satisfy) compliance with the requirements.

29 October 2007

Ninth Circuit restricts scope of non-compete obligations under trademark agreement

In Comedy Club Inc v Improv West Associates, the Ninth Circuit has vacated in part a district court order confirming an arbitration award which enforced a non-compete clause under a trademark licensing agreement. Among other things, the court found that the nationwide scope of the injunction awarded by the arbitrator could not be reconciled with California law.