Sector: Retail

The Supreme Court has affirmed a high court decision in which the latter had held that a bakery shop's general appearance and other trade dress elements were protected under the Unfair Competition Prevention and Trade Secrets Act. This case is noteworthy as it is the first time that the Supreme Court has specifically recognised the protection of such rights in shop interior and outdoor decorations under the law.

27 January 2017

New research from brand consultancy Siegel+Gale has analysed nearly 900 brands to create a ranking of those which succeed due to brand promise simplicity. However, achieving simplicity remains an uphill battle.

25 January 2017

The High Court has issued useful guidance on the issue of trademark infringement and passing off in the context of keyword advertising, in a case concerning two bathroom retailers. The case reiterates that keyword advertising is not inherently objectionable from a trademark perspective and that the question is whether the advert is causing confusion.

13 January 2017

The General Court has upheld the decision to reject an application for the mark PRET A DINER following opposition by Pret A Manger. The court found that the appeal lacked substantive arguments and the decision demonstrates that a high degree of distinctiveness and reputation will satisfy assessment purposes where there is a low degree of similarity between marks.

11 January 2017

The issue of intermediary liability is a hot topic, particularly in the online environment, with decisions in <em class="Alright-italic">Tommy Hilfiger</em> and <em class="Alright-italic">Tobias Mc Fadden</em> only intensifying the debate

01 January 2017

After a four year absence, an Alibaba Group platform has re-appeared on the annual Special 301 Out-of-Cycle Review of Notorious Markets list – and its CEO subsequently sent a strongly-worded email to staff, seen by <i>World Trademark Review</i>, urging stakeholders to continue undeterred in the “all-out war against counterfeits”.

22 December 2016

Chinese online marketplace behemoth Alibaba – in collaboration with law enforcement agency partners – has revealed the results on its latest crackdown on offline counterfeiting operations. Leveraging the big data technology that Alibaba has at its fingertips, the figures appear to be impressive – with 417 counterfeit product rackets halted and 332 suspects arrested – but brand owners will be weary of rejoicing until they see tangible results for themselves.

16 December 2016

Following the appeal of a registrar's decision, the Federal Court has restored the intention of Section 45 proceedings by stating that these are intended to be summary in nature as a means to clear deadwood from the register, not an opportunity for evidentiary overkill.

01 December 2016

Eyewear giant Specsavers has successfully secured registered trademark protection on the term SHOULD’VE, a shortened version of its well-known tagline ‘Should’ve gone to Specsavers’. The initial application at the UK Intellectual Property Office spurred negative media reaction earlier this year, with reports claiming that it demonstrates the overreach of trademark law. However, in exclusive comments to <i>World Trademark Review</i>, Antony Douglass, principal IP counsel at Specsavers, has hit out at the “inaccurate commentary” surrounding the mark.

30 November 2016

New research has found that typosquatters are becoming increasingly adept at securing the most valuable brand-related domains, with the authors suggesting that many brands “do not know which domains they should target for reclaim”.

24 November 2016