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16 August 2018

“What I saw in China 8 years ago, I am now seeing in Brazil”: insights from New Balance’s brand protection lead

We speak to Daniel McKinnon, head of global brand protection at New Balance, about his approach to trademark enforcement, “paltry” damages awarded in China, the problems of “parasite brands”, and much more.

01 March 2018

Gucci successfully opposes registration of GUCCITECH in Class 11

The IP adjudicator has upheld Guccio Gucci SpA’s opposition to the registration of the figurative mark GUCCITECH in Class 11 under Sections 8(2)(b), 8(4) and 8(7)(a) of the Trademarks Act.

26 February 2018

Supreme Court: risk of damage to one of trademark's functions is sufficient to constitute infringement

The Supreme Court has considered whether use of a former supplier's mark on the packaging of the new supplier’s products constituted infringement. 

27 April 2018

New hope for 'Black Friday' offers in Germany?

The German Patent and Trademark Office has held that the trademark BLACK FRIDAY was descriptive and must therefore be kept free for use by competitors.

17 January 2018

Alibaba on the offensive: warns brands not to trust Notorious Markets List, undecided on future cooperation

​​​​​​​Alibaba Group continues to talk tough in the wake of Taobao remaining on the USTR's latest Notorious Markets List, now suggesting that brand owners should no longer trust the report.

08 December 2017

US retail brands are teeming with life despite the so-called 'retail apocalypse': exclusive data analysis

World Trademark Review takes an in-depth look at the retail sector. As one of the most dynamic branding environments of any industry sector, we analyse how the top brands in this field have performed.

06 September 2017

Red flag for retailers using another’s online listings

In a recent case in the Intellectual Property Enterprise Court two related claimants, both online flag retailers, brought a successful trademark infringement action and a successful action for passing off against another online retailer. The case highlights the challenges of sales through an online marketplace, particularly where similar or identical products from rival enterprises may be grouped together.

10 May 2017

JD.com becomes first Chinese marketplace to join AAFA; promises "cooperation with international fashion brands"

One of the largest online marketplaces in China, JD.com, has signed up to the American Apparel & Footwear Association with a pledge to partner with international fashion brands “on issues surrounding IP protection”. While it celebrates being the first Chinese e-commerce company to become a certified member of the association, some may see parallels between this move and Alibaba’s brief membership of the International Anti-counterfeiting Coalition – which, nearly a year ago to the day, resulted in considerable kickback from members.

27 January 2017

Supreme Court affirms that shop decorations and trade dress are protected under unfair competition law

The Supreme Court has affirmed a high court decision in which the latter had held that a bakery shop's general appearance and other trade dress elements were protected under the Unfair Competition Prevention and Trade Secrets Act. This case is noteworthy as it is the first time that the Supreme Court has specifically recognised the protection of such rights in shop interior and outdoor decorations under the law.