Work Area: Trademark law

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India: High court jurisdiction questions set to reshape IP litigation

Featured in Trademark Litigation Review 2025

The Indian IP landscape is evolving rapidly, and recent developments are moulding litigation while also raising contentious issues. The jurisdiction of India’s high courts is in the spotlight, particularly when it comes to handling trademark rectification cases under the Trademarks Act. It is hoped that a more rigorous assessment of jurisdiction will discourage abusive filings. 

20 August 2024

Andean Court of Justice issues interpretation on public non-commercial use of a well-known mark as a basis for infringement

The court has stipulated four conditions that must be met in order for the owner of a well-known trademark to prohibit the public non-commercial use of its brand. Meanwhile, examples of fair use include use in the exercise of a judicial action, freedom of expression and the right to peaceful protest.

19 August 2024

Protecting national trademarks – an exclusive interview with the Ukrainian IP Office

WTR sits down with the first deputy director of the Ukrainian IP Office to discuss the importance of protecting national symbols.

13 August 2024

Staying in lane: the risks around Olympic-themed brand messaging

Brands can capitalise on the games, but should be wary of extra protections enjoyed by the Olympic committees.

08 August 2024

How to navigate substantive change and bad faith when it comes to refurbished goods in China

With no fixed guidance in judicial practice, what constitutes substantive change on a refurbished product can be difficult to define. However, analysis of jurisprudence in previous cases sheds light on how rights holders can avoid potential pitfalls when it comes to proving bad faith. 

08 August 2024

TTAB favours Airbnb in opposition against competitor TREEBNB mark

The board’s decision reaffirms the value that a well-known and well-enforced mark has the potential to provide in an opposition context where coupled with robust evidentiary support.

07 August 2024

OpenAI case dismissed; Portugal counterfeits seizure; Manchester United launches NFT game – news digest

In our latest round-up, we look at the European AI Office seeking views on its AI Code of Practice, a trademark attorney’s Kamala Harris domain squatting hopes, and more.

06 August 2024

Is the tide finally turning at CIPO?

A combination of steps taken by CIPO and changes in Canadian trademark law and practice seem to finally be having an effect on the backlog of unexamined trademark applications.

06 August 2024

Protecting foreign trademarks: legal strategies against wrongful trademark registrations in Nigeria

Two recent judicial decisions indicate the disposition of Nigerian courts to protect the rights of foreign trademark owners against local businesses looking to exploit the territoriality principle.

06 August 2024

Uganda introduces new anti-counterfeiting legislation

The Anti-counterfeit Goods Bill establishes an implementing body with powers to enter premises and seize counterfeit goods. However, questions remain around definitions, processes and the independent powers of law enforcement.

02 August 2024

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