Work Area: Enforcement & litigation

In our latest round-up, we look at a TikTok authentication partner expanding into sneakers, counterfeit Apple and Samsung products being seized in Canada, and more

20 August 2024

An ongoing dispute offers insight into the relevant practices of the SOIT Opposition Division in confirming that overall similarity can be found even in cases in which the central verbal elements are not identical.

20 August 2024

Featured in Trademark Litigation Review 2025

The past year has seen several high damages awards cases in China, and the courts are applying different methods to calculate amounts. As approaches differ across the country, it is crucial for rights holders to understand current judicial practices, which ultimately demonstrate a stronger focus on deterring infringers. 

20 August 2024

Featured in Trademark Litigation Review 2025

There are two enforcement avenues in China when a trademark has been infringed: filing a complaint before the Market Supervision Administration and litigating before the courts. When deciding which route to take, brand owners must consider specific aspects of the legal framework. 

20 August 2024

Featured in Trademark Litigation Review 2025

A deep dive into litigation proceedings, available defences and damages reveals the need-to-knows for companies considering enforcement in Japan. April 2024 reforms to Japan’s Trademark Act now make it possible to confiscate counterfeit goods as trademark-infringing goods, even if they are imported for personal use.

20 August 2024

Featured in Trademark Litigation Review 2025

The CNIPA is zeroing in on protecting prior rights in opposition proceedings, and recent practices indicate that the administration is increasingly relying on catch-all provisions to curb bad-faith filings. Rights holders must be aware of these emerging trends in order to bolster their chances of success in opposition proceedings.

20 August 2024

Featured in Trademark Litigation Review 2025

The courts have continued to crack down on bad-faith trademark filings, improving the quality of administrative cases and curbing malicious trademark hoarding. It is crucial for plaintiffs to collect evidence of use to support damages claims. 

20 August 2024

Featured in Trademark Litigation Review 2025

The Indian IP landscape is evolving rapidly, and recent developments are moulding litigation while also raising contentious issues. The jurisdiction of India’s high courts is in the spotlight, particularly when it comes to handling trademark rectification cases under the Trademarks Act. It is hoped that a more rigorous assessment of jurisdiction will discourage abusive filings. 

20 August 2024

The Japan Patent Office has found a low degree of similarity between Apple’s logo and a device mark representing a quarter-cut apple.

20 August 2024

Premier League football brands are losing out on close to a quarter-of-a-billion pounds each year, and the problem is only set to worsen, study finds.

19 August 2024