Features
It has been a hectic year in Alicante. While continuing its coreactivities, OHIM came under new leadership, commencedinternal restructuring and found itself at the heart of debateon the future of the European trademark system. In this articleWTR identifies the top filers and canvasses opinion on OHIM’sperformance and the big issues of the day
Many industries tend to use a limited number ofcolours for their trademarks and logos. While therecan be distinct reasons for this, the question brandowners need to ask themselves is whether thebenefits of breaking away from the crowd outweighthose of conforming
Upon joining Tata Technologies, Anubhav Kapoorfaced the challenge of establishing an IP function ata new company while also protecting and steering awell-known global trademark. He explains how thecompany is finding its feet in the IP sphere
There has been fierce debate over the PROTECT IP Act,currently stalled in the Senate. However, withinfringement continuing, the arguments for andagainst the act need to be fully weighed
Fighting cybersquatting in China is getting easier, butinternational companies should lay the foundationsnow, rather than waiting until they are conductingbusiness in the country
The Supreme Court of Canada has taken considerableinterest in trademark issues over the past five years,with the latest decision expected to have a significantimpact on the use of expert evidence in trademarkenforcement proceedings
While existing social media strategies can be appliedto Twitter, it would be a mistake to ignore theparticular ways that the information network is usedby both the public and infringers
The European Commission’s blueprint for IP rights isnot itself a major step forward, but should the digitalworld’s major players be mobilised to support futuredevelopments, it could herald a positive newframework for IP rights protection
WTR considers the hot trademark issues arising fromnext year’s Olympics, with input from industry,officials and even the organising committee’s brandprotection lawyer herself
While the stratospheric rise of apps has increased theburden on trademark counsel, the creation of apolicing strategy is not as burdensome as it seems
The power of the Internet as a resource is limited onlyby knowledge of how to use it, so WTR has pulledtogether 10 of the most useful online tools to helptrademark counsel work smarter and faster
Just when you thought the keywords issue wasdiminishing, advertisers are now targeting online adsbased on behaviour. Is this a new chapter in the battlebetween trademarks and keywords?
News
The International TrademarkAssociation (INTA) and a lobby oflaw professors including CreativeCommons co-founder LawrenceLessig have locked horns over theproposed PROTECT IP Act,currently before US Congress.
The European postal service isbecoming an increasinglypopular channel for counterfeitgoods, according to statisticsreleased by EU Customs. Lastyear the agency seized 48,000counterfeit goods as they passedthrough the postal system– more than three times thenumber seized in 2009.
For regular jurisdictional updates, see WTR Daily. Delivered straight to your inbox, WTR’s regular email news serviceprovides legal updates, industry analysis and the editor’s pick of the best trademark content from around the globe.
Online marketplace operatorscan, in certain circumstances, beheld liable for counterfeit goodssold through its platforms, theEuropean Court of Justice (ECJ)has ruled.
Brand owners are being givenan extra 20 days to opt into theICM Registry Sunrise Btrademark protectionprogramme for the ‘.xxx’ topleveldomain (TLD). Originallyscheduled to last for 30 days,the sunrise will now run for atotal of 50 days from September7, finishing on October 28.
Country correspondent
During the last two years, the Germancourts have decided a number of casesinvolving pharmaceuticals and medicaldevices. However, the courts have oftenreached contrasting conclusions.
Pharmaceutical trademark clearance is acomplex process. A successful pharmaceuticaltrademark passes marketing muster only byresonating with relevant consumers andconveying the right brand message. It mustalso be available for use and registration on aglobal basis, and must survive regulatoryscrutiny not only in the United States, but alsoin several foreign jurisdictions.
Brand owners need to be aware of a number of restrictions when seeking to register pharmaceuticaltrademarks
With new opposition proceedings finally inforce in Italy, it is expected that the ItalianPatent and Trademark Office will also finaliseits practice with regard to pharmaceuticaltrademarks. To this end, the latest rulings ofthe Italian courts on pharmaceuticaltrademarks should be examined.
To safeguard consumers, it is necessary to have clear, simplified and consistent parameters for thecomparison of marks, while avoiding the stifling of competition
As in most other jurisdictions, in China pharmaceutical companies must navigate a dual system forregistration and approval of their trademarks and the commercial names of their products.
The EU regime casts a heavy shadow over the UK pharmaceutical practice
In Canada, the brand name for aprescription drug must be selected bearingin mind not only trademark registrationissues pursuant to the Trademarks Act andwithin the domain of the CanadianTrademarks Office, but also regulatorymatters handled by the TherapeuticProducts Directorate of Health Canada.
Columns
As the exchange of fan art becomes easier,trademark owners are faced with adilemma: should they take the sameenforcement strategy with theircustomers as they do with wilfulcounterfeiters?
Proposed amendments to Taiwan’sTrademark Act align the law withinternational regimes, yet morecontroversial practices remain unaddressed
With addressing every instance of onlineinfringement an impossible task, ElectronicArts has forged a three-pronged approachto online monitoring
