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29 October 2018

Choose your weapon: litigating trademarks US-style

While there is an arsenal of tools with which a rights holder can address infringement, each requires careful consideration. The initial choice of remedy is a good place to start.

23 October 2018

GI face-off – debating current geographical indication protections

We bring together two organisations with different perspectives on geographical indications to discuss the best route forward for this unique form of protection.

15 October 2018

Genericism: is the trademark education video the new norm?

The recent Velcro video was highly successful in generating discussion about the use of the company’s trademark, providing crucial insight into brand communication strategies.

03 October 2018

“Very good for brand owners” – IP experts react to USMCA; INTA lauds deal as “major enhancement” over NAFTA

Following the announcement of a new major trade agreement between Canada, Mexico and the United States, we reached out to IP experts to explore their views on the IP aspects of the new deal. 

02 October 2018

Attack on the senses: a comparison of non-traditional marks

Practitioners need to be aware of the differences between obtaining protection for smell, taste and texture marks in the European Union and the United States.

01 October 2018

Moving and shaking: securing protection for shapes and movement marks

With non-traditional trademark registrations on the rise, a nuanced understanding of the differences between obtaining protection in the European Union and the United States is crucial.

28 September 2018

Sounds and colours: EU and US approaches to non-traditional marks

Following a rise in non-traditional trademark registrations, practitioners should be aware of the differences between obtaining protection in the European Union and the United States.

27 September 2018

Design patent lessons from <em>Apple v Samsung</em>

The long-running face-off between Apple and Samsung over the design elements of their phone products offers a number of key takeaways for rights holders.

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

When your business address is a trademark: description of historical location is fair use  

In a decision which clarified the application of the Lanham Act’s fair use defence, the US Court of Appeals for the Sixth Circuit has held that a name or term can be used in a descriptive or geographic sense if done in good faith

31 August 2018

<strong>Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up</strong>

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more.