Work Area: Trademark law

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How to draw a firm line between refurbishment and infringement in China

Products that are refurbished without authorisation can be a problem for rights holders looking to safeguard their brand image. It is therefore crucial to understand what constitutes infringement when it comes to refurbished goods.

01 August 2024

Empowering innovation: the collaborative efforts of the EUIPO and EUIPN

EUIPO representatives examine the role that the office plays in shaping a cohesive and robust IP environment across Europe, and the lasting impact that this has on the collective and global IP system.

31 July 2024

Nike will need to “cool” off after a recent Third Circuit ruling

The US Court of Appeals for the Third Circuit has held Nike liable for trademark infringement over the use of Lontex’s COOL COMPRESSION trademark in its apparel line descriptions. Under plenary review and abuse of discretion, the Third Circuit reviewed the lower court’s decision on whether a jury could find infringement.

31 July 2024

FTC urged to enforce INFORM, Taiwan revises dispute guidelines, Poland amends copyright law – legislation and policy watch (July 2024)

WTR’s monthly column tracks trademark and related policy developments, including the progress of major bills, from around the world.

29 July 2024

TTAB upholds refusal of BRONKO mark

The decision underscores the importance of clear and precise identification of goods in trademark applications, and serves as a reminder to applicants to thoroughly address all grounds for refusal during the prosecution process.

29 July 2024

Vans cancellation action sheds light on absolute rights of well-known trademark owners

The Delhi High Court’s declaration that well-known trademark status does not give the proprietor automatic rights has highlighted the importance of prior common law and registered marks in India. It implies that an appreciation of circumstances – not just similarities between two marks – can determine the outcome of a dispute.

25 July 2024

What applicants need to know about partial design examination in China

The examination practice for partial design applications in China differs significantly from that in other jurisdictions. Applicants seeking to protect partial design applications in China while claiming foreign priority are advised to study the discrepancies in examination practice to better navigate the terrain.

25 July 2024

Quebec’s language law regulations leave brand owners guessing

Final regulations leave ambiguities around what will need to be translated, potentially placing a significant burden on brands.

23 July 2024

TTAB affirms SMARTLOCK cancellation in first appeal arising from expungement proceeding

In the TTAB’s first decision in an appeal arising from an expungement proceeding, the board affirmed the USPTO director’s decision to cancel registrations for the mark SMARTLOCK for “components for air conditioning and cooling systems, namely, evaporative air coolers”.

22 July 2024

“Amazon is trademark law”: America’s favourite company has changed the entire trademark system

A new academic paper argues that Amazon has upended the US trademark system with little public recognition, and that questions about trademark law in the modern age need answering.

20 July 2024

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