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12 September 2018

Trademark procedures and strategies: Canada

Unregistered trademarks do not have statutory protection in Canada. The owner of an unregistered mark may enforce its rights, but this necessitates the establishment of a reputation through extensive use of the mark in Canada.

12 September 2018

A year in review: key trademark decisions from the federal courts in 2017

Decisions handed down in 2017 scored victories for the First Amendment over trademark rights in two monumental decisions, one by the Supreme Court and the other out of the Ninth Circuit, which may end up in the Supreme Court as early as 2019.

11 September 2018

Trademark procedures and strategies: United States

Trademark enforcement in the United States can be expensive and time consuming. As a result, trademark owners often enforce their trademark rights through informal means, such as cease and desist letters and negotiated settlements.

11 September 2018

<strong>More #MeToo trademark applications, USPTO scandalous marks fight, and FIFA thanks Rospatent for World Cup help: news round-up</strong>

In our latest round-up, we look at more trademark applications related to the #MeToo movement, the Swedish IP Office warning against fake election posters, a US court having its say on trademark bullying, and much more.

06 September 2018

<strong>Ninth Circuit reaffirms laches as an equitable defence in trademark cancellation actions </strong>

In Cosmetic Warriors v Pinkette Clothing, the US Court of Appeals for the Ninth Circuit has addressed the availability of laches in trademark infringement and cancellation actions under the Lanham Act. 

04 September 2018

<strong>Nike in political firestorm, Lego blocks Chinese infringer, and Ghana steps up fight against fakes: news round-up</strong>

In our latest round-up, we look at a fashion brand in a dispute with two NFL teams, the New York Times shining the spotlight on illicit vendors in Barcelona, Nike facing a brand boycott due to its new Colin Kaepernick ad campaign, and much more.

29 August 2018

Canada moves ahead with fluid marks

Major amendments to Canada’s Trademarks Act are set to broaden the ability of brand owners to protect fluid marks, but will also introduce new obstacles to slogans.

26 August 2018

Harmonisation in practice: a dialogue about foreign trademarks

Industry experts from the United States, the European Union and China outline the key considerations for those looking to expand their portfolios internationally.

03 August 2018

Defunct NFL franchise trademarks, counterfeiters target Kickstarter and Pinduoduo investigated: news round-up

In our latest round-up, we look at how tomato DNA is being used to combat dangerous counterfeits, the Vega+ games console losing branding rights, and much more.

31 July 2018

“Stop the uncritical worship of the God of Automation”: practitioners push back on end-to-end electronic filings

Practitioners have raised concerns about the USPTO's proposed move to implement end-to-end electronic filings, with current systems criticised and warnings that it could create an opportunity for trademark scammers.

26 July 2018

TTAB finds sales to single customer, although not substantial, sufficient to avoid abandonment of MOMBACHO for cigars

The US Trademark Trial and Appeal Board has dismissed a petition for cancellation of the mark MOMBACHO for cigars, rejecting the contention that the respondent's meager sales did not qualify as bona fide use of the mark.

18 July 2018

Well-known marks: multijurisdictional approaches to fame

Obtaining well-known status for a trademark can be a powerful tool for rights holders. However, different approaches must be used to secure enhanced protection. This three-part series considers the best route in 10 key jurisdictions, starting with the United States.

13 July 2018

ICE’s anti-counterfeiting efforts highlighted as US politicians call for its abolition

Legislation was tabled yesterday in the US House of Representatives calling for the abolition of the Immigration and Customs Enforcement (ICE). It sparked a reminder on the agency's crucial role in the fight against counterfeit goods.

13 July 2018

Fifth Circuit: keep your claws off THE KRUSTY KRAB

In a case regarding the Krusty Krab restaurant from SpongeBob SquarePants, the US Court of Appeals for the Fifth Circuit has confirmed that a specific element from a television series can receive trademark protection.

12 July 2018

Can ear plugs tune out colour? Bright green colour for ear plugs not functional

In a case involving competing producers of foam ear plugs, the US Court of Appeals for the Ninth Circuit has held that there remained a dispute of material fact as to whether the bright green colour is functional for ear plugs.