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07 June 2019

Supreme Court: rejection of trademark licence in bankruptcy is breach of contract that does not terminate licensee’s right to use mark

The US Supreme Court has reversed a decision of the First Circuit and held that a debtor-licensor’s rejection of a trademark licence under 11 USC § 365 is a breach of contract, but does not revoke or terminate the trademark licence.  

07 June 2019

First INTA 2020 reception invite, Tom Brady fumbles trademark application, and Toys “R” Us brand returns: news digest

In our latest round-up, we look at highlights from the USPTO’s anti-counterfeiting conference, Alibaba’s plan to use blockchain technology for its IP protection system, and much more.

28 May 2019

Battle for the BITCOIN mark, China moves closer to Hague accession, and curry conundrum: news digest

In our latest news digest, we look at the $110 million sale of Sports Illustrated’s intellectual property, the expansion of visual search in TMView, a dispute over a curry-related trademark, and much more.

24 May 2019

Elder Scrolls dispute resolved, new UGG litigation launched, and Hogan Lovells tie-up: news digest

In our latest edition, we look at a strategic partnership between Hogan Lovells and Anaqua, Elder Scrolls settling its video game trademark dispute, Siegel+Gale announcing their new head of strategy, and much more.

22 May 2019

“It’s going to make my life much better” – industry experts welcome SCOTUS licensing decision

The Supreme Court of the United States (SCOTUS) has ruled 8-1 in Mission Product Holdings v Tempnology LLC, with one legal expert telling WTR that the ruling helps to create a more stable trademark licensing market.

20 May 2019

Federal Circuit: trademark decisions rendered by International Trade Commission do not have preclusive effect

In Swagway LLC v International Trade Commission, the US Court of Appeals for the Federal Circuit has held that trademark decisions of the International Trade Commission, like its patent decisions, do not have preclusive effect.

17 May 2019

INTA Annual Meeting is a record-breaker, Brexit energy drink denied, and Florida Man trademark spat: news digest

In our latest round-up, we look at a new study that finds 25% of online purchases are for fakes, the EU General Court ruling on a NEYMAR mark, counterfeit containers seized in Malta, tips on making a brand matter, and much more.

16 May 2019

Vested rights clause restores trademark to original applicant

In Sköld v Galderma Laboratories LP, the US Court of Appeals for the Third Circuit has addressed the issue of trademark ownership under since-terminated development and commercialisation agreements.

14 May 2019

Procedures and strategies for anti-counterfeiting: United States

Grey market goods do not qualify as counterfeit; therefore, distributors and sellers of grey market goods are not subject to criminal penalties. However, rights holders may have other claims against such distributors and sellers based on other intellectual property or contract laws.

14 May 2019

Brexit Party versus Change UK, Hells Angels victory, and INTA Annual Meeting on the up: news digest

In our latest edition, we look at Guns ‘N’ Roses moving to protect a trademark, Indian farmers prevailing over PepsiCo in a potato legal battle, top Indian brands backing underdogs in Cricket World Cup, and much more.

13 May 2019

“Time for our political leaders to get involved” – war of words escalates after UGG decision in favour of Deckers

A jury in the US has found that Australian Leather wilfully infringed a trademark registered to Deckers Outdoor Corporation. The defendant has vowed to appeal, with one member of its legal team calling on the Australian government to intervene.

10 May 2019

USPTO trials software to tackle fake specimens; downgrades growth expectations

USPTO director Andrei Iancu has expanded on efforts to tackle fake specimens of use on the US trademark register and the unauthorised practice of law, and provided an update on anticipated filings growth.

08 May 2019

“Unprecedented” – USPTO suspends API access but pledges to work with IP service providers to mitigate impact

Earlier this week, the USPTO suspended its TSDR API following a spike in data scraping that has impeded the work of internal employees. However, IP technology vendors have confirmed it will impact some of their services.

07 May 2019

‘.club’ TLD launches new trademark protection offering – with some major caveats

The registry operator of the ‘.club’ TLD has launched a service designed to offer qualified brands and trademark owners “comprehensive” protection in the namespace. However, there are significant caveats and restrictions.

03 May 2019

“Just be respectful” – why brands must wise up to indigenous IP rights

WTR analyses how indigenous cultures are protecting their intellectual property and speaks with an expert on how trademark practitioners must be more aware of this burgeoning field of rights.