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25 April 2018

One month until GDPR deadline: INTA and US government call for urgent rethink over WHOIS approach

With the GDPR enforcement date of May 25 fast approaching, the US government and INTA have expanded on their concerns – with a warning that a WHOIS blackout will result "in a field day for bad actors".

17 April 2018

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and  the war of words over plans for an IP markets watch list.

17 April 2018

adidas takes anti-counterfeiting fight to Instagram sellers, highlights enforcement challenge faced by brands

adidas and Reebok International have filed a lawsuit against 53 sellers of alleged counterfeit goods on social media sites. For those not yet monitoring the platform, the action provides a reminder that Instagram should be part of your policing strategies.

20 March 2018

US Customs head confirmed, Latvia trims WHOIS data and trademark offers Cambridge Analytica clues: news round-up

In our latest round-up, we look at how a trademark scammer has rebranded, how a trademark may offer clues on the company that has hit headlines across the world, Cambridge Analytica, and much more.

28 February 2018

The evolution of internet service provider and host liability

The sheer scope of online counterfeiting and the anonymity that the Internet provides counterfeiters necessitate that brand owners look to internet service providers – whose roles in the world of e-commerce are essential – for assistance in blocking or preventing counterfeiters from using their services. 

28 February 2018

Data protection: WHOIS ready to enforce your trademarks?

Privacy advocates hail the new General Data Protection Regulation as a big step forward in the protection of personal data against misuse and abuse by commercial interests. But how does our increasingly global internet-based society deal with bad actors, including criminals, in the face of these new privacy protections?

28 February 2018

Going phishing: countering fraudulent campaigns

Two new policies going into effect soon underline the fact that the phishing attacks and spoofing that lead to data breaches are only increasing in frequency – and there is no slowing down in sight.

28 February 2018

Lessons from historical Uniform Domain Name Dispute Resolution Policy decisions

For counsel not yet familiar with the Uniform Domain Name Dispute Resolution Policy, this chapter provides a high-level overview of the policy. For even the most veteran practitioners, this chapter offers insights and lessons learned over the past 19 years.

07 February 2018

Ram Trucks ad backlash; will negative press translate to longer term brand value?

Criticism of a Ram Trucks ad aired during this week’s Super Bowl broadcast continues to rumble on. A key question from a brand perspective is whether holding ground in the face of a backlash is the right approach.

06 February 2018

US Senate confirms Iancu, Zimbabwe targets fakes and brands oppose Conor McGregor: news round-up

In our latest news round-up we look at how the Zimbabwe government is pledging to tackle counterfeit goods, the brands being accused of using “underhand tricks” to fool consumers, and much more.

05 January 2018

Reverse domain name hijacking leads to award of attorney fees

The Southern District of Florida has granted the award for attorney fees after PeopleNetwork decided not to pursue its oppositions against registrations for various BEAUTIFUL PEOPLE marks due to lengthy and costly proceedings. 

01 January 2018

United States: Case law shines a light on internet evidence at motion to dismiss stage

Assessing the relevance of internet evidence can be a daunting task for rights holders. However, if submitted accurately at the earliest stages, such evidence may sway infringement proceedings

24 November 2017

With Black Friday in full swing, exclusive research reveals brand protection gaps in new gTLDs

While consumers enjoy the low prices offered on Black Friday, the sales period is a significant challenge for trademark practitioners – especially for protecting shoppers from online scams. 

22 November 2017

Unexpected termination of a licence agreement proves costly

The District Court for the Southern District of Florida has entered a stipulated judgment for $1.5 million against an ex-licensee of the TECHNOMARINE trademark for federal trademark infringement and unfair competition. 

13 October 2017

Generic top level domains may not be generic

The US District Court for the Eastern District of Virginia recently overturned a finding by the Trademark Trial and Appeal Board that the mark BOOKING.COM was generic for travel agency services in Class 39 and hotel reservation services in Class 43. The ruling could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording.