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01 May 2018

Recent and developing trends in false advertising disputes

A group of senior trademark and brand professionals convened in New York in January to discuss recent and developing trends in false advertising law. This special report details some of the key points and presents essential takeaways.

01 November 2017

China: Fake food: curbing food and beverage counterfeits in China

With the rise of fake food in China and increasing levels of concern from the government and consumers, brand owners should act quickly to protect their IP rights from the fallout of counterfeiting.

01 November 2017

Italy: Salumi shows how innovative packaging can be crucial for food and beverage sector

Rights holders’ innovative use of design demonstrates that in the modern market, food packaging is a vital advertising tool which is also eligible for IP rights protection.

01 November 2017

Russia: Shifting tides of protection in the food and beverage sector

Although trade dress is an essential tool for brand owners trying to boost consumer recognition in the food and beverage sector, enforcing trademark protection can be a thorny issue

01 November 2017

Mexico: Make your product pop – but make sure it is well protected

Products need innovative strategies to stand out on shop shelves, especially in the food and beverage sector. While such marketing can increase sales, it also risks compromising trademark protection

01 November 2017

India: Food and beverage products in the branding crosshairs

As the Indian food and beverage market becomes increasingly alluring to brand owners, the courts are witnessing an eruption in trade dress protection and advertising disputes.

01 November 2017

Canada: Changing the recipe: the amended Trademarks Act

Amid a string of changes to the Trademarks Act, food and beverage brand owners should be aware of the potential impact that this new legislation will have on their trademark rights in Canada.

01 November 2017

Germany: Uphill battle for protection of 3D confectionery marks

The confectionery industry is awash with three-dimensional trademarks. However, EU case law demonstrates that brand owners face considerable difficulties registering and protecting their marks

01 September 2017

Italy: Grapes of wrath: coexistence of unregistered marks in the wine industry

Juggling the coexistence of registered and unregistered trademark rights on Italian family names in the wine industry is a centuries-old practice which the courts appear uninterested in changing

18 May 2017

Food and beverages: fighting counterfeits worldwide

“Fake and dangerous food and drink threaten the health and safety of people around the world who are often unsuspectingly buying these potentially very dangerous goods.” These are the words of Michael Ellis, head of INTERPOL’s Trafficking in Illicit Goods Unit, commenting on Operation Opsen V, which saw the seizure of more than 10,000 tons and 1 million litres of hazardous fake food and drink. This brings home the stark reality of the burgeoning trade in counterfeit and fraudulent food and drink.

01 May 2017

United States: Full steam ahead for Jack Daniel’s trade dress suit

A district court has given Jack Daniel’s the go-ahead to pursue enforcement of its trade dress at trial. This early finding provides some useful pointers on secondary meaning