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01 August 2014

Bombay High Court restrains defendant from using metatags similar to plaintiff's mark

In People Interactive (I) Pvt Ltd v Gaurav Jerry, the Bombay High Court has issued an ex parte ad interim order restraining the first defendant from using the mark SHAADIHISHAADI.COM, including as part of a domain name or in metatags, on the ground that such use infringed the plaintiff’s mark SHAADI.COM. The court also directed defendant GoDaddy to cancel the first defendant's registration for the corresponding domain name.

01 May 2015

African courts flex their muscles

Whether tackling issues surrounding AdWords or shape marks, recent decisions serve as a reminder that Africa should not be overlooked as a source of articulate and progressive reasoning on legal trademark development

12 March 2014

Happy birthday Internet. What do you have in store for trademark counsel next?

Today officially marks the 25th anniversary of the World Wide Web. In addition to the many positive benefits of the electronic era, it is fair to say that the web’s silver jubilee also marks the anniversary of a new era of trademark challenges. The big question is, will the web’s next phase constitute a quantum leap or business as usual in terms of trademark practice?

01 February 2018

Brands unprepared for reputational damage of fake news and hate speech on digital ad platforms: report

Report reveals that few brands have taken adequate measures to prevent online ads appearing alongside potentially damaging content – including fake news.

11 September 2014

Are trademark registrations the new way for angry consumers to make a point?

Brands are well-used to disgruntled customers taking to social media to air their grievances, but consumers wielding trademark law is a less common tactic. However, one UK individual has bucked that trend and has registered a trademark in the name of the bank that is the source of his ire, with the corresponding domain name being used to air his grievances.

12 July 2010

Big brands have only days to block the '.co' cybersquatters

The Colombians are no doubt planning a big party. It seems that their well-funded attempt to turn the '.co' country-code top-level domain into a global alternative to '.com' may well pay off: over half of the top 500 global brands have signed up for a '.co' already. However, WTR has seen a list of domains invalidated during the sunrise period which suggests that the cybersquatters are circling - and brand owners have just days to protect some well-known marks.

05 July 2010

Nickname may constitute legitimate interest in registering domain name

In Sandro Andy v Balzarin, Sandro Andy, a French fashion company, has failed to obtain the transfer of the domain name 'sandro.com' under the UDRP. Among other things, the WIPO panel accepted the respondent's argument that he had a legitimate interest in registering the domain name, as it corresponded to his nickname Sandro.

13 March 2019

Making brand protection more consumer-centric

Online fraudsters, counterfeiters and pirates are becoming more adept at targeting consumers and taking advantage of legitimate brands. If businesses rely on traditional approaches to brand protection in the face of this onslaught, effective brand protection will be extremely difficult to achieve. To put this into perspective, consider the nature and scope of counterfeiting and brand abuse.

10 April 2018

Private practitioner optimism falls as corporate clients demand more for less

This year’s Global Trademark Benchmarking Survey reveals that despite increasing levels of trademark work, pessimism is growing about the future of private practice, with budget-conscious clients demanding more from attorneys.

18 March 2015

Federal Court takes on metatags

In Red Label Vacations Inc v 411 Travel Buys Limited, the Federal Court has addressed the issue of copyright and trademark protection in metatags, concluding that there had been no violation of the plaintiff’s alleged copyright or trademark rights. The case represents one of the first detailed reviews of these issues by a Canadian Court.

04 November 2010

Och! Initial interest confusion sufficient to establish infringement

In Och-Ziff Management Europe Limited v Och Capital LLP, the High Court has found that 'initial interest confusion' was sufficient to establish infringement under the Community Trademark Regulation. This is good news for trademark owners, as many instances of alleged infringement occur when unscrupulous advertisers seek to attract customers, but the identity of the advertiser is clear at the time the goods are purchased.

12 March 2009

Amendments to Trademark Decree Law enter into force

Law 5833, which amends Decree Law 556 on the Protection of Trademarks, has entered into force. The new law amends Articles 9 and 61 of the Decree Law. It aims to fill the gaps created by the January 5 2008 decision of the Constitutional Court, which annulled certain provisions of the Decree Law.

05 October 2012

Domain name must be sufficiently distinctive to be protected under unfair competition rules

The Court of Appeal of Versailles has held that, while a domain name without a supporting trademark could be protected under the rules of unfair competition, it had to be sufficiently distinctive. This case shows that one needs to tread carefully when choosing a strategy to prevent the use of a domain name, as making the wrong choice could result in losing trademark rights.

11 September 2018

<strong>AUTOKEY marks found to have acquired secondary meaning as badge of origin</strong>

The Irish controller for patents, designs and trademarks has found that, although two AUTOKEY marks were liable to be refused under two different sections of the Trademarks Act, the marks had acquired distinctiveness through use.

13 January 2014

Drawing on data to underpin gTLD strategies – and avoid being scammed

With gTLD sunrises now launching on a regular basis trademark counsel should now be in the process of reviewing their online strategies. WTR previously wrote about the need to assess which gTLDs are of most relevance to your brand, whether for marketing/promotional opportunity or two defensively register in. One industry expert has outlined a data-based approach that can be undertaken.