News
Turmoil in the world economycontinues to affect thetrademark industry, withorganizations slashing costs in abid to weather the storm.
The Internet Corporation forAssigned Names and Numbers(ICANN) has come under firefrom brand owners over itshandling of the trademarkprotection policy for theexpanded generic top-leveldomain (gTLD) space developedby the ImplementationRecommendation Team (IRT).
The protection framework inChina continues to develop withthe China Trademark Officebringing into force theRegulation on Issues in Relationto Trademark Assignments.
The advocate general ofEurope’s highest court, LuísMiguel Poiares Pessoa Maduro,has given his backing toGoogle’s AdWords system,
Country correspondent
A boom in advertising over the past 10 years is reflected in the development of related legislation. However, thereis limited case law from the courts in this field due to the significant enforcement powers of regulatory bodies.
Russian advertising law is not extensive and can be ambiguous, but an analysis of recent cases reveals thatthe legislation is, for the most part, interpreted intuitively.
The ECJ’s decision in the O2 Case has clarified key issues unique to Benelux. However, inconsistencies inapproach are still apparent.
In a landmark decision, the High Court of Madras has attempted to tighten the rules on comparativeadvertising. However, the ruling may have opened the door to inconsistency in the interpretation of thelaw in this area.
A recent high-profile marketing initiative by a Mexican pharmaceutical company appears to be a clearexample of unfair competition. This article puts the campaign in context and looks at the likely outcomefor the advertiser.
While a fully joined-up European advertising policy remains a dream, at least the Danish system hasbeen updated to provide comprehensive coverage. Moreover, individuals have a strong ally against unfairadvertising in the shape of the Consumer Ombudsman.
Is the online use of a third-party mark to link through to competitor products lawful? Case history inIsrael to date shows an increasing leniency towards this activity - Oren Mandler and Kfir Luzzatto analyzethe reasons why.
Advertisers must take into consideration provisions of the Consumer Code and Legislative Decree 145/2007when devising a marketing campaign. Any breach of the rules could lead to the advertisement beingsuspended and a fine.
Often the best way to make a product stand out is to compare it to competing products on the market. However,while powerful, comparative advertising treads a fine legal line between good business and unfair competition.
Norwegian law offers several means of enforcement against unfair and comparative advertising. This articleanalyzes the options available and provides an overview of recent amendments to the Marketing Control Act.
Brazil’s new fondness for comparative ads has highlighted ambiguities in the legal regime in this area.However, there is considerably more certainty over ambush marketing: the country’s selection as host of the2014 World Cup and the 2016 Olympics have already prompted bills on the subject.
Facebook is bringing in new privacy measures in response to criticism in Canada over its handling ofpersonal data. The new approach looks likely to have an impact on mark owners' advertising strategies.
The legislation on unfair and comparative advertising has its roots in the rules on unfair competition.The introduction of changes to the Advertising Code in 1998 clarified the law by implementing the EUComparative Advertising Directive.
The sprawling legislative regime governing advertising, along with a fragmented administrative system,means that practitioners must stay on their toes when trying to determine whether an advertisement ispermitted in Spain.
Columns
While brand owners seek a commonapproach to the treatment of goods intransit, counterfeiters are using thecurrent rules to hide their tracks. Withouturgent attention, the tide of fake goodscould overwhelm rights holders’ defences
The pace of change on the Internet meansthat a mark could potentially becomegeneric within a matter of months. But isthe use of a mark as a verb, so often thefirst step to ‘genericide’ in the past, nowreally such a bad thing? Is it time to allowmarks “to verb up”?
At first glance, two recent landmark USdecisions suggest a divergence inapproach to online contributorytrademark infringement. Scratch underthe surface, though, and consistency inthe application of previous rulingsbecomes apparent
Features
The co operation fund has ignited an animateddebate across the European Union. WTR askswhether the money can harmonize Europe’sfragmented trademark system once and for all
The decision on whether to try a case before a judge ora jury is a vital part of US trademark litigation strategy.Picking the wrong option can prove damaging
South African trademark law has historically followeda similar path to EU legislation. However, a recentruling from the Supreme Court on distinctivenessthrough extensive use appears to signify a dangerousdeparture from European precedent
Most litigation is geared towards obtaining aninjunction, but damages are often well worthpursuing. The challenge for rights holders is thatthe requirements for obtaining an award tend todiffer in each federal circuit
Opposition backlogs have reached alarming levels inIndia. The Intellectual Property Office’s new controllergeneral claims to be taking steps to rectify theproblem, but recent cases show that rules designed tocurb unnecessary delays are being abused
Selective distribution can be vital to preserve brandimage. Competition policy is changing in Europe andrights holders must be aware of the implications
By overturning the Medinol doctrine on fraud, theFederal Circuit has removed the threat of cancellationhanging over many trademarks, but the decisionre-opens the door to falsely obtained registrations inclear breach of the Trademark Law Revision Act
Prosecution and litigation are two central columns supporting thebusiness of protecting trademark rights in the United States. The firstof those pillars has undergone a significant change in recent months,while the second remains as complex as ever. In this three-part special,WTR examines and provides guidance on the latest developments atthe US Patent and Trademark Office (USPTO) and the federal courts.
