Features
Infringers are getting smarter in China – they no longer copy trademarks directly but target a product’s look. So how can rights holders best protect unique packaging, creative shapes or innovative designs in the world’s biggest market?
It is now four years since Mexico officially ascended to the Madrid Protocol. We examine how local practitioners have been adapting to this new trademark ecosystem and see what common issues are arising
Drafting a letter demanding that an infringer cease its illegal activities is a standard task for many trademark practitioners. But each one needs to be carefully structured in order to achieve its objective – done well, a good cease and desist can actually lead to significant goodwill
The trademark landscape in Kenya is set to shift dramatically with proposed changes to the law. We examine some of the key developments and the issues that brand owners need to be aware of in order to protect their marks effectively in the east African nation
A passionate debate has erupted over the publication of brand valuation ranking tables. We brought two of the most high-profile parties together to state their cases and gave each an opportunity to respond. The result is thought provoking and, unsurprisingly, heated
The ECJ has clarified that individual marks must be used as indicators of origin in order for their use to qualify as genuine. The decision throws up several issues related to quality signs, most notably in Germany, where certification marks are not recognised
Amazon’s recent successful independent review panel decision with regard to the ‘.amazon’ gTLD could have a significant effect on ICANN governance
In a groundbreaking piece of research, academics in the Netherlands have studied exactly why applicants file for trademarks. The results reveal a clear difference between the motives of so-called ‘innovators’ and ‘non-innovators’
Brazil has no legal definition of ‘parallel imports’, despite this being an issue that blights many international brands. However, rights holders can take measures to combat this practice in the Brazilian marketplace
For corporate counsel, sponsored marketing posts are becoming an increasingly complicated issue. We look at how to comply effectively with UK and US practice codes to avoid any legal or PR headaches down the road
Several technology companies are promising to eradicate counterfeits from the Chinese marketplace as part of their marketing push. However, rights holders should be wary of trusting that product authentication will make a major dent in the battle against fakes in China
Columns
With the first three rounds of negotiations complete, the European Commission has published its position paper on intellectual property. The content provides possible answers to some of the key questions surrounding EU trademarks post-February 2019
Timely advice for both in-house and private practice lawyers, from someone who has been successful in both spheres
Advances in technology have been transforming the workflow of trademark practitioners over several years. We take a look at how the rise of artificial intelligence will change the status quo even more
Trademark-related quotes, opinions and observations from around the globe
Country correspondent
As the Indian food and beverage market becomes increasingly alluring to brand owners, the courts are witnessing an eruption in trade dress protection and advertising disputes.
Products need innovative strategies to stand out on shop shelves, especially in the food and beverage sector. While such marketing can increase sales, it also risks compromising trademark protection
Although trade dress is an essential tool for brand owners trying to boost consumer recognition in the food and beverage sector, enforcing trademark protection can be a thorny issue
Amid a string of changes to the Trademarks Act, food and beverage brand owners should be aware of the potential impact that this new legislation will have on their trademark rights in Canada.
The confectionery industry is awash with three-dimensional trademarks. However, EU case law demonstrates that brand owners face considerable difficulties registering and protecting their marks
With the rise of fake food in China and increasing levels of concern from the government and consumers, brand owners should act quickly to protect their IP rights from the fallout of counterfeiting.
Rights holders’ innovative use of design demonstrates that in the modern market, food packaging is a vital advertising tool which is also eligible for IP rights protection.
News
