Search results

Selected filters:

North America
Brand management

Article type

Topic

Sector

Jurisdictions

515 results found for your search

Sort options
02 June 2010

NFL not immune from antitrust laws when licensing IP rights

In American Needle Inc v National Football League Inc, the US Supreme Court has clarified when participants in a joint venture may face antitrust liability for their joint activities. The court ruled that the National Football League and its member teams were not immune from the antitrust laws when licensing the teams’ IP rights jointly through a single entity.

28 April 2010

Chanel's brand may need a polish if it cannot stop No 6

If you thought that Chanel's registration for NO 5 in Class 3 was enough to stop a competitor registering NO 6 in the same class, think again. The USPTO has just rejected Chanel's opposition to the NO 6 mark, in a move that could stop owners of famous brands in their tracks.

28 April 2010

Indirect control over goods quality established in sub-licensing context

In Tucumcari Aero Inc v Cassels Brock & Blackwell, the Federal Court of Canada has held that the owner of the trademark MOTO MIRROR (and design) had established that it had indirect control over the quality of the goods sold under the mark, as required by Section 50(1) of the Trademarks Act.

08 April 2010

Bacardi ducks confusion challenge in latest HAVANA CLUB win

While rum drinkers can tell that if it looks like a duck, swims like a duck and quacks like a duck then it probably is a duck, brand owners accustomed to arguing that their trademarks function primarily as source identifiers will read the most recent HAVANA CLUB rum judgment with dismay.

22 March 2010

Obama green lights US trademark study

Last week President Obama signed into law a new US trademark act that contains the provision for a study into mark owners' litigation tactics. But the big question is: will the study uncover anything that mark owners don't already know?

19 February 2010

US brand owners reject ‘loser pays’ option

Members of the INTA enforcement committee have told WTR that a ’loser pays’ trademark litigation system would not work in the United States.

16 February 2010

Trademark monsters: tackling Lanham Act bullies

As a US senator proposes a new study to investigate trademark bullies, WTR considers whether the Lanham Act needs updating.

11 February 2010

US Customs calls for more input from brand owners

US Customs has urged brand owners to help improve border protection by becoming more involved in the process.

03 February 2010

Apple and Fujitsu staying quiet over IPAD trademark dispute

Despite widespread speculation, Apple and Fujitsu are remaining silent over the potential dispute concerning the IPAD trademark. However, it has emerged that Apple owns no major web domain containing the name of its new product.

21 January 2010

Trademark rights trump title of goods, says court

In Pioko International Imports Inc v BOT International Ltd, the Superior Court of Justice of Ontario has confirmed that trademark rights trump title of goods in Canada. This was the message delivered to an applicant which sought a declaratory order stating that the respondent’s trademark rights would not be infringed by the applicant’s importation into Canada of goods bearing the COTTON GINNY marks.

07 December 2009

Foreign term of art in licence must be construed in foreign technical sense

In Sunstar Inc v Alberto-Culver Co, the US Court of Appeals for the Seventh Circuit has declared that a foreign legal term used in a licence agreement should be construed in accordance with the meaning ascribed to it under foreign law. The case generally involved the question of what rights were conveyed to a Japanese licensee to use minor variations of a licensed trademark.

13 November 2009

Trademarks at the centre of latest US-Cuba spat

A US court is set to hear a case in which the plaintiffs are attempting to seize control of trademarks owned by the Cuban government, WTR has learnt. The news comes as commentators predict better relations between Cuba and the United States under President Obama.

09 March 2009

YachtWorld sails to victory based on licensor’s use

In YachtWorld v Clift’s Marine Sales (1992) Ltd, a Canadian Internet Registration Authority panel has concluded that a licensee was able to rely on the trademark rights of the licensor, even though the rights predated the licensing agreement. The panel ordered the transfer of the domain name 'yachtworld.ca' to YachtWorld, the Canadian licensee of the YACHTWORLD mark.

06 March 2009

Overbroad arbitration awards are no laughing matter, says Ninth Circuit

In Comedy Club Inc v Improv West Assoc Associates, the US Court of Appeals for the Ninth Circuit has vacated in part an arbitrator’s award in a dispute over a breached trademark licensing agreement, ruling that the arbitrator had acted with manifest disregard of the law by upholding an overly restrictive covenant not to compete, and had acted beyond his scope of authority by issuing a permanent injunction against non-parties to the agreement.

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.