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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.

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

16 June 2015

'Attempt' to attract internet users for commercial gain sufficient under UDRP

In a recent case under the UDRP, a WIPO panel has ordered the transfer of a domain name to an American rap singer and his company. Among other things, the panel rejected the respondent's argument that he did not earn any money from the click-through advertisements on the website, as the attempt to attract internet users for commercial gain - and not the actual commercial success - already constituted evidence of bad faith.

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.

01 January 2016

Tools at the ready

Based on feedback from key figures across the trademark community, World Trademark Review presents some of the most useful online tools that can be used by counsel to streamline daily workflows

30 September 2019

Building an effective enforcement strategy to fight unfair competition in advertising

In the fight against unfair marketing practices, businesses operating in Russia would be well advised to understand the correlation between unfair advertising and unfair competition and to take account of the relevant legal provisions so as to build up an effective enforcement strategy.

08 January 2020

The risk factor in religious marks: a study of four major jurisdictions

An Indian court recently ruled that God's name was registrable as a trademark. We spoke to experts across four key jurisdictions about the different risks brands should be aware of before registering a religious name as a mark.

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.

29 March 2017

Trademark procedures and strategies: Russia

Legal protection of trademarks in Russia is governed by the relevant provisions of Part 4 of the Civil Code 2008 (the latest amendments to which were enacted on July 4 2016). The Civil Code also provides the basics for registration procedures, which are developed in detail in the administrative regulations of the Russian Trademark Office (Rospatent).

21 April 2015

Court of Appeal at odds on own name defence and non-use revocation

In Maier v ASOS plc, the Court of Appeal has found that the defendants’ use of the mark ASOS created a likelihood of confusion and damaged the distinctive character of the CTM ASSOS. Nevertheless, by a majority decision, the defendants were held to be able to rely on the 'own name' defence against trademark infringement. Significantly, the court acknowledged the importance of notional and fair use of a mark when assessing infringement and invalidity.

27 February 2020

How intellectual property transformed the e-sports industry: interview with Fnatic’s Andrew Cooke

In a conversation with WTR, Andrew Cooke, general counsel of e-sports team Fnatic, reveals that an entire generation of e-sports athletes are waking up to the power of their IP as brands race to catch up with this rapidly evolving consumer market.

01 January 2016

Italy: Italian protection for geographical indications

Protection for geographical indications and designations of origin is highly effective in Italy, especially when it comes to collective trademarks

02 November 2019

DHgate steps up anti-counterfeiting messaging; denies business relationship with Superbuy

Major Chinese online marketplace DHgate has published a stringent defence of its anti-counterfeiting efforts and – following the discovery of a possible link to Superbuy – denies any relationship with the popular Chinese shipping agent.

01 March 2016

United Kingdom: Navigating the social media environment

The increase in different media channels continues to present difficulties in clearing marks for use and steering a business on brand selection