Columns
Ironing out pronunciation discrepancies via careful marketing campaigns can help brand owners to raise brand awareness and recognition, as well as strengthening their marks against competitors with marks that are phonetically similar
Trademark-related quotes, opinions and observations from around the globe
The Supreme Court has ended years of discussion on search engine liability for third-party content by finding that a fault-based standard should be applied in all such cases
In a landmark ruling the High Court of England and Wales has granted an injunction against an internet service provider to prevent access to websites selling counterfeits. While this is good news for rights holders, it is unlikely to be the final word on the matter
Country correspondent
Companies should use social media to promote their products, services and brands. However, when those efforts include posting about celebrities in particular, the key is to proceed with caution
Several interesting judgments regarding the use of images in Poland were handed down in 2014
As there is no specific legislation for the protection of image and publicity rights in Qatar, practitioners should take a adaptable approach when tackling the issue
The Italian legal system grants strong protection to publicity and image rights, and exceptions to such rights must be strictly interpreted
In the United Kingdom, there is no codified body of law which explicitly protects image or publicity rights
With the phenomenal growth of the media, consumerism and celebrity endorsements, the protection of publicity and image rights requires greater attention and specific legislation in India
Protection for publicity and image rights may be limited under the Trademark Law, but an application to register a personal name or portrait as a trademark is highly advisable
Bereskin & Parr LLP
With the explosive growth of internet-based services, misappropriation of identity or personality cases may become even more common in Canada
Anyone in Mexico has the right to choose whether to be publicly known
Romania’s Constitution acknowledges protection for image rights only as a general and indirect principle, but legislation has significantly evolved in this area during the last 20 years
Features
The US Patent and Trademark Office’s publicly available trademark database can make it extremely challenging to maintain secrecy over new products or name changes. However, rights holders can take certain steps to keep future plans confidential
Chinese social media platforms are proving an inexpensive and extremely effective way of promoting brands. Western companies would be well advised to start building a social media profile for their brands, although not before investigating the attendant risks
Eliminating Canada’s use requirement has been much discussed. While there would likely be some negative effects, a number of benefits could result from such a change – in particular, making Canada more attractive to foreign applicants
Kati Levoranta, chief legal officer at Angry Birds creator Rovio Entertainment, outlines the challenges of working for a company that is adapting to the rise of its own home-grown super-brand
Recruitment can be a frustrating, protracted process. World Trademark Review canvasses in-house experts and consultants for their tips and tricks to improve your hiring
Engaging with government on intellectual property is critical for brands if they want new laws to reflect their knowledge, experience and business. Trademark lawyers need to step up in order to help companies to achieve this
Bands launched on reality shows can become overnight sensations, but where does that leave trademark registration and protection? Lawyers need to be able to clear and register marks rapidly in order to capitalise on the often brief window of fame
Slogans are a crucial part of a brand’s marketing efforts. However, Brazil’s IP law has reduced the protection available for slogans, especially where they are used solely as a means of advertising
As new brands and marks continue to proliferate, cases involving claims of reverse confusion have increased dramatically. Practitioners need to understand how courts analyse likelihood of confusion factors differently where reverse, rather than forward, confusion is at issue
As a pathway to a second round of new generic top-level domains is announced and organisations weigh up whether to apply, it is worth considering why the existing ‘.brands’ applied and whether these reasons would be valid criteria for the future
With so many businesses operating across borders, the ability to obtain interim relief on a pan-European basis is an extremely powerful remedy. However, brand owners should consider shopping around for the most favourable forum
Consumers are becoming increasingly sophisticated when it comes to understanding brands, which is highly relevant to the understanding of ‘distinctive character’. However, courts and tribunals are not keeping up with this trend in their decisions
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