Work Area: Trademark law

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Two draft IP laws submitted for public consultation: what you need to know

The draft laws - one on trademarks, and one on patents, utility models and supplementary protection certificates - attempt to remedy legal deficiencies and align Albanian law with EU legislation.

27 February 2024

Why brand owners should have an eye on Latin America

Recent developments in Chile, the Dominican Republic and Venezuela illustrate why the Latin American region should feature in all global trademark strategies.

26 February 2024

Are algorithms making trademarks obsolete?

A new academic paper argues that algorithms which do our shopping for us should make brand professionals consider how trademarks hold their value when no one sees them.

24 February 2024

Rolex loses out on disgorgement of profits from laches defence in Fifth Circuit ruling

A Fifth Circuit decision has clarified the difference between the restoration and customisation of luxury watches, as well as the impact that a delay in filing infringement charges can have on the success of a disgorgement claim.

22 February 2024

Romania: Key Developments Following Implementation of the EU Enforcement Directive

Featured in The Trademark Litigation Review 2024

Rights holders should ensure that they understand the most recent developments in Romanian trademark case law in order to successfully pursue infringement cases - specifically the conditions for a preliminary injunction to be granted, the elements considered by the court when assessing a request for damages, and the prima facie validity of a trademark right.

21 February 2024

DNPI resolution recognises and regulates non-traditional trademarks

Pursuant to Resolution No 18/23, it will be possible to register position, pattern, motion and multimedia marks from 1 March 2024.

20 February 2024

Recent UAE laws provide robust infringement and counterfeit combatting regime

We unpick the trademark implications of two laws that have come into force in the United Arab Emirates in the past two years.

19 February 2024

Scotch Whisky GI infringement case clarifies independent rights of registered owners following Madhya Pradesh High Court ruling

The Scotch Whisky Association has filed an infringement suit that sheds light on the interaction between registered owners and authorised users of geographical indications when it comes to the right to sue in India.

15 February 2024

Federal Circuit cements threshold between sentiment and source identification in registration refusal

The informational matter doctrine has proved crucial in deciding where to draw the line between source identification and sentiment following a TTAB refusal to register the mark ‘everybody vs racism’.

15 February 2024

Specialist chapter: Crucial Considerations for Brand Owners Contemplating Legal Action in Spain

Featured in The Trademark Litigation Review 2024

Initiating legal action in Spain, or any other jurisdiction, is a significant step for brand owners. Before taking such action, it is crucial to consider various factors and ask some key questions to ensure that the legal process aligns with your brand protection and enforcement goals.

13 February 2024

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