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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.

14 July 2014

Jordan v Qiaodan - or how the Chinese press may hurt or help your trademark case

The decision in the case brought by basketball player Michael Jordan against Qiaodan Sports is due to be handed down soon. Michael Jordan sued the Chinese company for infringement of his right of name, as 'Qiao Dan' is the Chinese translation of ‘Jordan’. An article entitled “The TRAB and legal experts firmly support Qiaodan Sports”, published in a major financial newspaper, shows how the Chinese press may play a role in trademark lawsuits.

02 June 2009

Taser's suit against owner of Second Life dismissed

Taser International Inc's suit against Linden Research for use of the TASER mark on Second Life has been voluntarily dismissed. The case illustrates the fact that trademark owners may no longer be able to ignore the extensive unauthorized commercial use of their intellectual property in virtual worlds such as Second Life.

19 April 2019

‘.inc’ TLD prepares for general availability with high price point, as details emerge of brand registrations

The ‘.inc’ new gTLD is currently in sunrise with a $2,499 annual retail price, a price point that may deter cybersquatters, but a number of large brands – including Apple, BMW, Google and Marriott – have moved to protect brand-related terms.

30 October 2015

Change of address

By some measure, East Asia appears ahead of the curve when it comes to awareness and adoption of new web domains; but a slow start for certain IDNs may cause some brands to worry about their investments in the space

18 May 2016

Reasonable compensation for published EU trademark

Advocate General Wathelet has rendered his opinion in Irina Nikolajeva v OÜ Multi Protect in response to a request for a preliminary ruling by the European Court of Justice in regards to the interpretation of Articles 9(3) and 102(1) of the Community Trademark Regulation.

06 September 2013

Samsung v Apple saga: Invalidity Division rules on validity of Apple’s tablet RCD

In Samsung Electronics Co Limited v Apple Inc, in a decision that lacks the headline-grabbing ‘cool’ language of its UK cousin on the associated infringement issues, the Invalidity Division of OHIM has ruled on the validity of Apple Inc’s RCD No 000181607-001. Although Apple’s design survived Samsung’s numerous attacks based upon no less than 50 cited pieces of prior art, the decision is not quite the victory it may initially seem.

26 June 2013

Federal Court effectively gives monopoly to composite mark made up of descriptive words

In REA Group Ltd v Real Estate 1 Ltd, the Federal Court has considered an action for misleading and deceptive conduct, passing off and trademark infringement against Real Estate 1 Ltd for its use of the domain names 'realestate1.com.au' and 'realcommercial1.com.au'. Among other things, the court held that, because the essential feature of the 'realcommercial.com.au' mark is 'realcommercial' (a ‘concocted’, rather than descriptive, phrase), use of 'realcommercial' gave rise to a real danger of consumer confusion.

29 November 2012

M&S v Interflora: death of the witness gathering exercise

In Marks and Spencer Plc v Interflora Inc, the Court of Appeal has effectively killed off what was a commonplace practice of adducing favourable evidence of confusion (or lack thereof) from members of the public in trademark actions where such witnesses were selected from a wider group of survey respondents (so-called ‘witness gathering exercises’).

26 October 2018

A perfect match? How marketing and legal can create a productive partnership

The historical ‘us versus them’ mentality between marketing and legal departments is not an inevitability – with the right approach, the relationship can be productive and mutually beneficial.

03 July 2017

Law firm hacks, YouTube takedowns and the rise of the Google brand: our top trademark stories of 2017 so far

As we reach the halfway point of 2017, we reveal the most-read blogs and Premium Updates on World Trademark Review so far this year – with online spats, trademark solicitation scams, INTA grand finale overcrowding and cyber-attacks on law firms all featured in the top 20.

22 March 2011

Senate report makes 18 recommendations to improve IP protection

The final report of the information mission created by the Senate’s Law Commission to assess the efficiency of Law 2007-1544 on the fight against counterfeiting has been published. The report makes 18 recommendations to improve the protection of intellectual property. For example, it recommends the creation of a new status alongside the existing status of 'editor' and 'host' created by the E-commerce Directive.

08 May 2015

Combating counterfeiting online: current regime and future developments

With the worldwide reach of the Internet, counterfeiters are no longer limited to brick-and-mortar locations. Counterfeiters also benefit from anonymity, the ease of online payment systems, the ability to move their operations seamlessly from website to website (or, in the case of online marketplaces, to change their identity) and enhanced methods to attract unwitting consumers, such as search engine optimisation and the use of copyrighted images from legitimate rights holders to advertise counterfeit wares. The global problem of online counterfeiting requires rights holders to adopt a robust online enforcement programme. This programme must necessarily take into account the existing legal framework, which is more fully described below.

23 June 2011

ICANN and the trademark community – a broken relationship?

The footprint of the trademark community in ICANN’s new gTLD policy is deep and defined. ICANN approved its controversial programme just this week after years of intense policy development from countless stakeholders. While it is without doubt that trademark owners had a small but loud voice in the process, they are now evaluating the extent of their success and, after such a tortuous experience, some are wondering how they can ever work within the ICANN model again.