Sector: Technology

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Dick Smith’s digital resurrection and lessons for those buying trademarks out of bankruptcy

After vanishing from shopping precincts in Australia and New Zealand earlier this month due to bankruptcy, consumer electronics retailer Dick Smith has been reborn as an online-only store thanks to the successful sale of its IP assets. The fall and rise of this household-name brand shows that the open market can present rich opportunities for both those looking to monetise trademark rights and those looking to acquire proven brands. However, there are also significant risks.

01 June 2016

Trademark suits down as research reveals most litigious companies (and the firms that represent them)

New data from Lex Machina has highlighted a fall in trademark litigation filings in the US, with case numbers in the first quarter of this year at a seven-year low. If this trend continues, it will ring alarm bells in law firms that rely on contentious work for their revenue streams.

27 May 2016

Successful trademark infringement claim without physical evidence

In <i>Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd</i> the Full Federal Court found in favour of Aristocrat. It held that Global’s counterfeit goods had infringed Aristocrat’s trademark – despite Aristocrat being unable to produce the infringing gaming machines in court for inspection.

25 May 2016

Apple vows to fight on after iPhone trademark blow in China

This week it emerged that Apple has lost a trademark suit in China against a Beijing-based company that produces ‘iPhone’ branded handbags and leather goods. A spokesperson for the latter said that the company is open to future collaborations with the tech giant. However, Apple has told <i>World Trademark Review</i> that it intends to seek a retrial at the Supreme People's Court and will continue to vigorously protect its trademark rights in China.

05 May 2016

“We are failing”: study reveals $461 billion international trade in counterfeit and pirated goods

A major new study released today has revealed that counterfeit and pirated goods represented up to 2.5% of world trade in 2013 – a figure that Antonio Campinos, president of the EU Intellectual Property Office, noted “is equivalent to combined GDP of the Czech Republic and Ireland”. Reflecting on this, BASCAP director Jeff Hardy has called on policymakers to do more to fight the scourge of counterfeiting.

18 April 2016

US customs seizures rocket to 10-year high as infringers’ tactics evolve

US Customs and Border Protection and US Immigration and Customs Enforcement’s Homeland Security Investigations has revealed that the total number of seized IP infringing products increased by nearly 25% in fiscal year 2015, with the value of detained goods breaking through the $1 billion barrier.

18 April 2016

Korea’s new ‘dominance’ in global design filings is almost entirely accounted for by single applicant (you know who)

The World Intellectual Property Organisation recently released annual data for industrial design filings under the Hague System; this is the first year in which Japan and the United States, and the second year in which South Korea, have been members of the scheme. All three countries now appear to be major players when it comes to design rights, as Korean press reports suggest – but a closer analysis of the statistics tells a different story.

15 April 2016

Major international brands and law firms being targeted by trademark applicants in Cuba

A number of well-known brand-related trademarks, including UBER, COMCAST, FEDEX and some related to international law firms, have been filed in Cuba by entities that appear to be unrelated to the legitimate brand owner. With single entities responsible for a multiple number of such applications, it highlights the growing need for brand owners to have an effective monitoring strategy in Cuba.

07 April 2016

Innelec Multimedia cleared of infringing mark owned by Sony Corporation

Innelec Multimedia contested the seizure of its goods by French Customs. The court found in favour of Innelec and ordered that Customs pay the warehousing fees and compensation.

22 March 2016

Old economy remedy in new economy litigation

A preliminary injunction has been issued against ride-sharing service Uber Technologies requiring it to revert to technology which is arguably inconsistent with its app-driven business.

17 March 2016

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