Opinion

When registrars and their proxy services enable abuse, liability may follow

 This week’s Saturday opinion argues that it is in the interest of privacy to support actions geared toward weeding out bad actors in the DNS space.

10 September 2022

The great debate: should retail platforms be liable for trademark infringement?

The benefits of increasing platform liability for online trademark infringement outweigh the risks, argues Mewburn Ellis senior professional support lawyer Emma Kennaugh-Gallacher, in this week’s Saturday opinion.

03 September 2022

Ben and Jerry’s fails in injunction bid against Unilever, as brand and business approaches clash

This week a US district court rejected an injunction request from Ben and Jerry’s to prevent the transfer of its Israeli business to a local licensee.

27 August 2022

Verizon’s biggest ever UDRP win reminds users of the mechanism’s value

Verizon has recovered more than 70 infringing domains in a UDRP decision handed down this week. The case highlights the value – and cost-saving benefits – of the process to rights holders at a time when the system is under review.

20 August 2022

Trademark teams cannot wrestle increasing workloads alone

Companies need to better support their trademark departments if they want them to succeed as genuine business partners.

13 August 2022

Elon Musk v Twitter is a reminder that all brands must prepare for being targeted by passionate fan bases

The high profile legal dispute is a reminder that all brands must prepare for the fallout of being targeted by a person with a massive fan base that will passionately defend their idol.

06 August 2022

Five steps to retain talent during the great resignation

In this week’s opinion column, Joseph Bichanich, client director of global law firms at Anaqua, suggests five tips for keeping hold of IP talent at a time when employees are quitting in record numbers.

30 July 2022

In rocky economic times, brands need to put reputation above all else

As positive consumer sentiment towards brands erodes, it is more important than ever that companies consider the reputational impact of the decisions they make.

23 July 2022

Increasing demand for sustainability calls time on fast fashion, but brands must tread carefully as they adapt

A growing focus on sustainability is having a significant impact on fashion and apparel brands. The best protection strategy will need authenticity and accuracy at its core, argues this week's Saturday opinion.

16 July 2022

Why you cannot afford to ignore the metaverse

As brands amass on the sidelines, the numbers say the metaverse has to be taken seriously.

09 July 2022

Why innovative pre-apply services lead to better trademark applications

Nathan Abraham, deputy director, tribunal at the UKIPO, outlines why he believes AI-driven pre-apply services should be the future of trademark application filing.

02 July 2022

UK calorie labelling rules: tips for brands

New calorie labelling requirements could have a significant effect on the relationships that restaurant brands have with consumers.

25 June 2022

Engaging CFOs is an IP challenge overcome through collaboration

Trademark professionals should make a more concerted collaborative effort with CFOs, argues this week’s Saturday opinion.

18 June 2022

Brands and politics: what the corporate world’s muted response to gun control means

Muted brand responses to recent mass shootings in the US offer a genuine test of whether companies can stay out of the debate at a time when consumers demand that they take a stance.

11 June 2022

David versus Goliath: why size matters in trademark disputes

The size of the opposing party should be a key consideration before initiating trademark proceedings, argue Powell Gilbert’s Tom Oliver and Alex Borthwick, in this week’s opinion column.

04 June 2022

TRUMP TOO SMALL and the problem of trademark merchandising

In an exclusive column, Michael Grynberg, professor of law at the DePaul University in Chicago, looks at how a controversial trademark decision relates to brand merchandising – and why it matters.

28 May 2022

Dog toy or art? What is an expressive work for Rogers artistic relevance test?

The Ninth Circuit BAD SPANIELS ruling should be taken seriously as an immediate problem to be solved, argues Leason Ellis partner Martin Schwimmer, in this week's guest opinion column.

21 May 2022

Collapse in brand loyalty calls for refocus on values

The cost-of-living crisis means that an increasing number of UK consumers are prioritising saving money above shopping with their favourite brands. Clear brand values are the only way to survive the upheaval.

14 May 2022

Lessons from the USPTO’s war on rule-breaking trademark practitioners

In this week's opinion, McCabe & Ali partner Emil J Ali looks at what recent disciplinary orders from the USPTO in the past few months tell us about its approach to trademark law.

07 May 2022

Ukraine fundraising initiatives illustrate the positive power of the trademark community

From Brand Action for Ukraine to job support and lawyers rocking out to help those affected by Russia’s invasion of Ukraine, recently established initiatives serve as a reminder of the positive power that can be wielded by the trademark community.

23 April 2022

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