Organisation: Nokia

The Supreme People’s Court has rejected Muji's attempt to recover its hijacked mark by adducing evidence of use of its mark in the context of OEM manufacturing for export. The court held that evidence of such OEM use is not sufficient for the purposes of showing that a mark has been "used and achieved a certain amount of influence in China", as stipulated in Article 31 of the Trademark Law.

23 November 2012

<i>WTR</i> has previously reported on the need to police app marketplaces for trademark infringement – but what of the opportunities that the technology offers to brands? App market analyst Distomo has published new research into download patterns – showing what brands are getting right and how they could improve engagement levels.

31 October 2012

Over the past five years, the IP Business Congress has brought together senior industry professionals to discuss the latest issues around IP value creation. In December the IPBC will venture outside Europe and North America to take the discussion on how rights owners can strategically use intellectual property to create internal and external value to the Chinese market.

18 July 2012

While the majority of applications for the new gTLDs have been in Latin characters, a number of brand owners have used to opportunity to apply for internationalised domain names (IDNs). And out of the 116 IDN applications, the majority of these - around 70 - are in Chinese. While many applicants have remained close-lipped, details about the motivations for applying are coming out – with trademark use a key component.

25 June 2012

Almost 1,500 nominations and two months of extensive research later, the shortlist for this year's WTR Industry Awards can now be revealed. The awards recognise the vital work of in-house trademark counsel and identify those teams and individuals that are performing their functions to the highest standards. The winners will be announced next month at an exclusive reception in Washington DC.

19 April 2012

Proposed changes to the EU Customs Regulation are designed to reinforce the current legal framework for customs' actions, as well as tackling the trade in small consignments of counterfeit goods sent by post. However, this week commentators expressed disappointment over the scope of the proposals.

20 January 2012

The most-read story on <i>WTR</i> in December examined the challenges facing Western companies as they extend their brands into the Chinese market. However, with the gTLD application window looming, the top 10 was also dominated by the latest attempts to stall, redefine and clarify the future of the new online space.

05 January 2012

In Joined Cases <i>Philips</i> and <i>Nokia</i>, in a disappointing decision for IP rights owners, the ECJ has ruled that Customs may seize goods that are "in transit" through the European Union from non-member state to non-member state (under procedures that suspend normal Customs measures) only where there has been a "commercial act" in relation to the goods. It turned down the invitation to find that the "manufacturing fiction" could be applied to secure such seizure.

09 December 2011

In the joined <i>Nokia</i> and <i>Philips</i> cases, the ECJ has specified the conditions under which goods in transit can be seized by European customs authorities. While it has expanded on the circumstances in which temporary detention is permissible, it still leaves brand owners with a number of significant challenges, with one commentator branding the decision “disappointing”.

01 December 2011

Analysis of brand presence in the app store market reveals that 91% of the world’s biggest brands now offer smartphone apps. Where brand owners go, infringers follow – but policing this marketplace might not be as burdensome as it first seems.

15 November 2011