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17 May 2019

INTA Annual Meeting is a record-breaker, Brexit energy drink denied, and Florida Man trademark spat: news digest

In our latest round-up, we look at a new study that finds 25% of online purchases are for fakes, the EU General Court ruling on a NEYMAR mark, counterfeit containers seized in Malta, tips on making a brand matter, and much more.

16 May 2019

Vested rights clause restores trademark to original applicant

In Sköld v Galderma Laboratories LP, the US Court of Appeals for the Third Circuit has addressed the issue of trademark ownership under since-terminated development and commercialisation agreements.

14 May 2019

Procedures and strategies for anti-counterfeiting: United States

Grey market goods do not qualify as counterfeit; therefore, distributors and sellers of grey market goods are not subject to criminal penalties. However, rights holders may have other claims against such distributors and sellers based on other intellectual property or contract laws.

14 May 2019

Brexit Party versus Change UK, Hells Angels victory, and INTA Annual Meeting on the up: news digest

In our latest edition, we look at Guns ‘N’ Roses moving to protect a trademark, Indian farmers prevailing over PepsiCo in a potato legal battle, top Indian brands backing underdogs in Cricket World Cup, and much more.

13 May 2019

“Time for our political leaders to get involved” – war of words escalates after UGG decision in favour of Deckers

A jury in the US has found that Australian Leather wilfully infringed a trademark registered to Deckers Outdoor Corporation. The defendant has vowed to appeal, with one member of its legal team calling on the Australian government to intervene.

10 May 2019

USPTO trials software to tackle fake specimens; downgrades growth expectations

USPTO director Andrei Iancu has expanded on efforts to tackle fake specimens of use on the US trademark register and the unauthorised practice of law, and provided an update on anticipated filings growth.

08 May 2019

“Unprecedented” – USPTO suspends API access but pledges to work with IP service providers to mitigate impact

Earlier this week, the USPTO suspended its TSDR API following a spike in data scraping that has impeded the work of internal employees. However, IP technology vendors have confirmed it will impact some of their services.

07 May 2019

‘.club’ TLD launches new trademark protection offering – with some major caveats

The registry operator of the ‘.club’ TLD has launched a service designed to offer qualified brands and trademark owners “comprehensive” protection in the namespace. However, there are significant caveats and restrictions.

03 May 2019

“Just be respectful” – why brands must wise up to indigenous IP rights

WTR analyses how indigenous cultures are protecting their intellectual property and speaks with an expert on how trademark practitioners must be more aware of this burgeoning field of rights.

25 April 2019

“A recurring and disturbing issue that is of grave concern” – INTA warns of increase in unsolicited communications

INTA has sent a mass email to members of its mailing lists acknowledging an increase in unsolicited communications and warning about the sale of data available on its membership and event directories.

25 April 2019

Many trademark offices are still trying to grasp service brands: exclusive interview with American Airlines’ Donald Broadfield

Donald Broadfield, chief IP and data counsel at American Airlines, explains how he seeks to overcome the challenges of protecting the company’s service brands, and emphasises the importance of crafting contracts that prevent IP disputes with commercial partners.

18 April 2019

Federal Circuit clarifies commercial use evidence requirements at USPTO’s request

The court last week made precedential a January 2019 opinion it issued on the type of website specimens required to prove commercial use. The move follows a request by the US Patent and Trademark Office, which argued that it would provide clarity and reduce the chances of future litigation.

18 April 2019

Notre Dame misinformation highlights brand protection challenge for media organisations

There have been numerous reports of fake media accounts spreading conspiracy theories around the Notre Dame Cathedral fire. Such activity around major events is a reminder of the significant challenge that IP practitioners face. 

16 April 2019

Trump rebrand advice, INTA to offer free trademark legal services, and P&G sells two brands: news digest

In our latest round-up, we look at the USPTO unveiling details of its World IP Day event, the IP Office of the Philippines seeking to amend the country’s IP code, a ranking of most relevant brands, and much more.

16 April 2019

US trademark litigation levels predicted to be stable through 2019

Data reveals that 863 trademark litigation actions were filed in the United States in the first quarter of 2019, up significantly year on year. However, that upward trajectory is not expected to continue.