Opinion

“One of the few effective mechanisms”: academic paper was wrong to target multi-seller litigation actions

This week’s opinion gives the other side of the argument in response to claims that US litigation actions targeting multiple online counterfeit sellers exploit legal loopholes to the detriment of the system.

01 April 2023

Mars CEO pushes back on “nonsense” ESG criticism, highlighting commercial benefit of brands sticking to purpose

This week Mars CEO Poul Weihrauch hit out at “nonsense” criticism of corporate ESG efforts, highlighting the commercial benefits of value-based actions.

25 March 2023

Could AI require platforms to do more to prevent infringement?

In the next five to 10 years, if advanced AI tools become more widespread, a court could hold that reverse-image search tools must be used not only to monitor and take down infringing content, but to prevent it as well.

11 March 2023

Filing volatility continues but the long-term picture may be more predictable after this year

There may be more to falling filings than meets the eye, meaning that 2023 will be an important indicator of future trademark demand.

04 March 2023

A boon or a burden? Report questions whether EU Digital Services Act will ease online enforcement efforts

A major new report has warned that IP-driven innovation hangs in the balance, with warnings that the European Commission’s Digital Services Act could complicate online enforcement efforts. Trademark professionals will be hoping that those fears are unfounded, argues our Saturday opinion.

25 February 2023

Despite obstacles to collaboration, strong partnerships remain a crucial tool in the fight against illicit trade

Collaboration between the public sector, private organisations, legislators, enforcement agencies and investigators will be essential to laying the foundation for far more effective enforcement, argues our Saturday opinion.

11 February 2023

From trademarks to trade secrets: how the brand professional role is evolving

Industry leaders point to an evolution in the role of the brand professional in a preview of our upcoming Trademark Elite Panels report.

04 February 2023

Perception is powerful but authenticity is paramount when it comes to brand sustainability

Amazon, Tesla, Apple and Google lead sustainability brand value rankings but failure to be authentic could land a significant financial blow on companies around the globe, argues our Saturday opinion.

28 January 2023

McDonald’s exit from Kazakhstan could be sign of things to come

McDonald’s may not be the only big brand forced to exit Kazakhstan due to Russia-related supply chain issues, Saturday’s opinion argues.

21 January 2023

With the EUIPO leadership race to begin in earnest, user needs must be the focus

As rumours abound about possible candidates for the EUIPO leadership role, user needs have to remain front and centre when Christian Archambeau’s successor is chosen, argues our Saturday opinion.

14 January 2023

Canal Street action is positive example of brands uniting

With reports of counterfeiters swarming back to New York’s Canal Street, a recent court action involving the likes of Burberry, Balenciaga, Hermès and Louis Vuitton is a strong example of brands uniting against a common enemy.

07 January 2023

Carrot or stick? The European Commission’s notorious markets list places emphasis on cooperation

The European Commission’s latest Counterfeit and Piracy Watch List shines light on its nuanced approach to the relationship with e-commerce platform operators, argues this week's Saturday opinion.

10 December 2022

US Supreme Court Lanham Act case will hopefully return US trademark law to more stable foundations

The US Supreme Court recently granted certiorari in a case that will hopefully settle conflicting Court of Appeals decisions on the cross-border reach of the Lanham Act, notes this week’s opinion.

26 November 2022

Is everything fair in love and Warhol?

The US Supreme Court decision on Andy Warhol’s use of Prince photos raises unresolved questions about fair use.

19 November 2022

Trademark lawyers take over Kleenex social media channels: getting creative to fend off genericide

This week’s Saturday opinion reflects on Kleenex’s social media campaign, the latest effort to creatively educate the public on trademark use.

05 November 2022

USPTO design patent practice review to be expected but now community has chance to have its say

The USPTO is seeking views on the scientific and technical requirements to practise in patent matters before the office, with the establishment of a design patent practitioner bar up for discussion.

22 October 2022

UPS law firm diversity scheme winners revealed as corporate DEI programmes push on despite challenges

Despite some bumps in the road, the momentum behind corporate schemes to drive DEI in the law firm sector are clearly gathering momentum.

08 October 2022

3M anti-counterfeit platform launch is a teachable moment

3M has launched a new global counterfeit reporting platform, in a welcome move for rights holders around the world, this week’s Saturday opinion explains.

01 October 2022

INFORM Consumers Act reintroduced: collaboration versus mandatory action debate continues

The INFORM Consumers Act has been proposed as an amendment to the National Defence Authorisation Act. Our Saturday opinion reflects on the debate that has surrounded the bill.

24 September 2022

FTC seeks views on rules that could provide boost to fight against trademark scammers

The USPTO is currently fighting fraud on three fronts. Two recent developments could be set to provide a boost to the office’s efforts.

17 September 2022