Work Area: Trademark law

Latest content

Spotlight on the right-to-repair movement and IP rights in India

The growing right-to-repair movement is demanding that manufacturers stop suppressing consumer and third-party repairs; however, manufacturers claim that this will force them to reveal proprietary technology and that poor-quality repairs will create brand dilution. Trends in India favour access to quality goods at free market prices.

07 July 2022

Lessons from the first six months of the Trademark Modernisation Act

With more options for combating trademark registration for non-use comes greater potential for error. Fortunately we have some more guidance from the USPTO on best practices for success.

07 July 2022

Ruling sparks debate over whether preparatory work alone constitutes genuine use

A 2020 case in which a court ruled that preparing a genuine commercial plan for a mark does constitute use, even if no sales are made or advertisements taken out, is attracting much commentary over whether this principle might be more widely applied.

30 June 2022

What the data says about the first six months of the Trademark Modernisation Act

Back in December 2021 the USPTO enacted the Trademark Modernisation Act. A deep dive into the numbers so far offer a fascinating insight into how this relatively new act is affecting the US trademark landscape.

30 June 2022

Court rules on conflict between a trademark and an indication of origin arising from licence agreement

The IP Court has overruled Rospatent’s rejection of a trademark owner’s right to use their mark, RUSSIAN STEEL, for vodka. The court held that the alleged similarity of the trademark and an indication of origin constituted an unacceptably broad interpretation of the norm.

30 June 2022

Vietnam to recognise sound marks; M&M’s metaverse; Scotch Whisky granted US certification mark – news digest

In our latest round-up, we look at a Kosher certification group suing JetBlue, Kellogg splitting into three independent companies, and much more.

28 June 2022

Taiwanese legislature passes amendments to Trademark Act to meet CPTPP requirements

It is expected that the amendments will strengthen the protection of trademark rights, uphold social justice and respond to the industry's expectations.

23 June 2022

District court rejects laches defence in infringement case on remand from appellate court

A court has ruled that a statute of limitations for infringement has expired after a trademark owner waited 12 years to bring legal action. Therefore, the burden of disproving delay has shifted from the alleged infringer to the trademark owner.

23 June 2022

An IP revolution in Kazakhstan: vastly improved brand protection measures introduced

The Kazakhstan Parliament has passed amendments to its IP legislation, including the addition of trademark opposition proceedings and geographical indications.

16 June 2022

How to protect brands in the metaverse

NFTs and other emerging tech are mobilising a tidal wave of capital, with law makers and courts desperately trying to catch up, Evan Rothstein and Hafeez Khan of Arnold & Porter take a deep dive into current IP laws and cases, to shine a light into this emerging space.

16 June 2022

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