Work Area: Trademark law

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NFTs, trademarks and sneakers: a Nike story

What are NFTs and how do they fit into trademark law, if at all? Analysis of US legislation and a deep dive into nominative fair use as a legal defence of NFTs allegedly infringing Nike marks, sheds light on this emerging asset class.

12 May 2022

Amendments that will benefit trademark and design applicants enter into force

These amendments are expected to benefit applicants by providing more opportunities to remedy errors and relaxing time limits for certain procedures.

11 May 2022

Why CNIPA doesn’t suspend trademark procedures in cases of pending prejudicial procedure

China’s Trademark Law provides no guidance for the suspension or coordination of dependent cases, although there are provisions in the rules of certain procedures. Fabio Giacopello of HFG shines a light onto this murky area and provides actionable advice.

05 May 2022

Lodestar v Bacardi has implications for protection of US marks under Madrid Protocol

A new ruling provides invaluable guidance on who holds enforceable priority when a mark is registered prior to use in commerce yet use did not begin until after the allegedly infringing use began.

05 May 2022

Amazon and Salvatore Ferragamo fight fakes; Chile prepares to implement new law; IP Australia releases data report – news digest

In our latest round-up, we look at INTA filing its third amicus brief in a case involving Jack Daniel’s, one of Kathi Vidal’s first speeches as USPTO director, Amazon and Salvatore Ferragamo teaming up to combat counterfeit goods and much more.

29 April 2022

Repairing, refurbishing, embellishing and upcycling – where are the limits on modifying branded goods?

Bryan Wheelock of Harness IP analyses a slew of cases involving modification – including the high-profile Nike Satan Shoes litigation – to tease out the subtle nuances on which a finding of infringement can hinge in this grey area.

28 April 2022

Meta targeted in anti-counterfeiting suit; ARIPO calls for Seychelles IP plan; Disney launches homeware brand – news digest

In our latest round-up, we look at 21,000 counterfeiting cases being solved in China in 2021, most UK consumers opposing plain packaging on unhealthy food, and much more.

26 April 2022

US trademark litigation levels to rise modestly: top plaintiffs and defendants revealed

Trademark litigation filings at US district court level are predicted to rise this year, albeit modestly and closing out the year well below pre-pandemic levels.

14 April 2022

2022 trademark filing at ‘healthy level’, confirms USPTO trademark commissioner

While US trademark filings are trending lower than 2021’s record-breaking levels, the numbers are well above any previous year.

12 April 2022

USPTO prevails in motion to dismiss HAVANA CLUB suit, but dispute continues

A US federal court has granted a USPTO motion to dismiss a complaint filed by Bacardi that centred on the office’s handling of Cubaexport’s HAVANA CLUB mark.

11 April 2022

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