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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.

12 October 2007

Use by non-registered licensee defeats cancellation claim

The Colombian Trademark Office has held in a legal opinion that the owner of a registered trademark may rely on the use made by a non-registered licensee to avoid the cancellation of the trademark for non-use. Surprisingly, this approach is contrary to Article 162 of Andean Community Decision 486, which states that, in the absence of registration, a licensing agreement shall be "invalid with respect to third parties".

05 October 2007

Assignee's fraudulent trademark registrations cancelled

In Superior Commercial Enterprises Inc v Kunnan Enterprises Inc, the Court of Appeals has declared that Superior Commercial Enterprises did not lawfully own the trademarks KENNEX and PRO-KENNEX, as ownership by way of assignment was fraudulently obtained. Superior had failed to disclose that it was a mere distributor of the assignor's products in its application for registration of the trademarks.

20 September 2007

Former distributor has no joy in KICKAPOO infringement claim

The Malaysian Court of Appeal has discharged an injunction granted to the former distributor of the Kickapoo carbonated drink against the drink's current distributor. The court held that as the former distributor is not the mark owner, it does not have a proprietary interest in the mark and thus its remedies lies in contract rather than trademark law.

11 September 2007

Different but the same

With a large, relatively wealthy population, the United Kingdom is a European jurisdiction that no trademark owner can afford to ignore

11 September 2007

An enduring trademark legacy

The success of E&J Gallo Winery has not only made a family name famous around the world, but has also tested how well a personal commitment to the value of trademarks can translate into a brand strategy

11 September 2007

Trademark managementProduct quality and trademark licensing in China

A growing number of foreign trademark owners are seeking trademark licensing opportunities in China to exploit the commercial value of their marks. However, they often overlook the issue of quality control