Features
WTR’s exclusive Global Trademark Survey is agroundbreaking attempt to calibrate the trueimpact of the financial crisis on trademarkprofessionals worldwide. The results serve as awarning that today’s challenging market looksset to become even tougher
While all business models are likely to suffer intimes of recession, the franchising model is predictedto fare better than most in terms of growth. Otherimmediate benefits make it an option brand ownersshould consider
In early 2008 the São Paulo State Court of Appealsissued the first decision in Brazil extending theprinciple of landlord, or in this case administrator,liability to counterfeiting cases
A decision of the Second Circuit issued in early2008 seems to confirm that the famous markdoctrine does not apply in the United States – tothe dismay of many non-US brand owners
Although registered Community design rights wereintroduced over six years ago, many importantissues remain unresolved. However, an analysis ofthe 400 decisions issued by OHIM’s InvalidityDivision provides some useful guidelines
The Intel decision issued by the ECJ at the endof 2008 puts a limit on the protection ofsuperbrands against the use of similar markson unrelated products or services. Some arguethat this may not be such a bad thing
The Russian legal system’s treatment of parallelimports continues to have a major impact on someRussian industries, particularly the automotive sector.This article looks at the latest case law on the matter
The WTR Industry Awards 2009, which willbe presented at a ceremony in Seattle timedto coincide with the 131st INTA annualmeeting, honour leading trademark teamsacross a range of industry sectors. WTRspeaks to some of the nominees
Halting the flow of counterfeits into India was nevergoing to be easy. Two years after the introduction ofnew regulations to combat the problem, thegovernment has a new headache: mark owners whosay the regime is failing
The dispute over the WAHAHA mark between Frenchfood giant Danone and a Chinese company was in theheadlines throughout 2007, but eventually came to ahead in 2008, when a Chinese court effectively put anend to the dispute
Brand owners need to be ready to enforce their rightsanywhere in the world through all available means,including alternatives to trademark remedies. Usinga fictional narrative, tracing distribution ofcounterfeits from China to the United States andEurope, via Dubai, IP experts provide tips on how totackle the problem in each jurisdiction
Despite fierce criticism from IP rights owners, a newbill, which is set to come into force in the near future,will significantly water down India's criminalenforcement system
In the three years since WTR’s last Canada focus, anumber of significant changes have been made totrademark law and practice. However, some arguethat the rate of progress in key areas is far too slow
Country correspondent
Mark owners seeking a preliminary injunction must file their request with a local bailiff’s court while full infringement proceedings should be filed with the Maritime and Commercial Court – a specialized court.
The issue of how best to protect trademarkrights in China is one faced by manymultinational companies. This article aimsto provide some tips on successfulenforcement in China.
Before the entry into force of the TrademarksAct in 2001, trademark owners struggled toenforce their rights before the courts. Furtheramendments were introduced by Act19/2006, which implemented the IP RightsEnforcement Directive.
Trademark owners seeking to enforcetheir rights in Norway should typicallystart civil proceedings. However, markowners should also consider applying forcustoms surveillance and should makeuse of alternative resolution bodies forsolving unfair competition and domainname disputes
Determining which court has jurisdictionover a particular dispute is crucial for IPrights owners. Russian law provides anumber of criteria to answer this question,but uncertainty remains as to certain kindsof IP cases
New enforcement tools in Brazil areencouraging trademark owners to litigateto protect their rights and claim monetarycompensation for infringement
EU legislation provides a number of means by which IP rights may be enforced. In addition, various proposals and initiatives are pending in relation to criminal sanctions and the fight against counterfeiting and piracy.
The implementation of the IP RightsEnforcement Directive in Portugalrepresented a turning point in the country’sapproach to enforcement. However, one yearon, many questions remain unanswered
Trademark rights can be enforced inCanada on the basis of both registeredand unregistered rights, under the federalstatute and the common law tort ofpassing off. Remedies includeinterlocutory injunctive relief, butproving irreparable harm often presentsa tremendous challenge.
The enforcement of IP rights in Indiaremains inconsistent. While the Indianjudiciary regularly displays remarkableflexibility with regard to protection, theenforcement of IP laws by law enforcementagencies leaves much to be desired
Italian statutory law provides all the toolsnecessary for the effective enforcement oftrademark rights. This is furtherenhanced by the existence of specializedIP sections within the courts. However,some peculiarities of the Italian systemmean that the courts are swamped bycases challenging the validity ofregistered trademarks.
Trademark owners have several means ofenforcing their rights in Benelux. Inaddition, the scope and effectiveness ofenforcement actions have increased sincethe implementation of the IP RightsEnforcement Directive.
Enforcing trademark rights in Israel can be done through the usual channels of the courts, the police and Customs. Filing petitions before the registrar of trademarks, particularly in cases of conflicting applications, should also be considered.
The debate surrounding the conflict between trademarks and trade names is not new in Romania. However, case law is developing, with certain courts finding that a trade name which infringes an earlier registered mark must be amended
When it comes to enforcing their rights inthe United States, mark owners canchoose between a vast array of tools,including arbitration, litigation and anti-counterfeiting actions.
In Mexico trademark rights are enforcedmainly through the Trademark Office. Theenforcement of famous and notoriousmarks is governed by specific rules.
Germany’s long tradition of trademarkright enforcement ensures that brandowners are well protected. However, therecent implementation of the EU UnfairCommercial Practices Directive and the IPRights Enforcement Directive introducedsome small but noteworthy changes
Columns
In reaction to brand owners’ concernsabout the consequences of opening theInternet to new gTLDs, ICANN has delayedthe launch date and created a teamcharged with improving trademarkprotection mechanisms
As the content of the Anti-counterfeitingTrade Agreement continues to be knownmainly through leaked documents,disagreement is mounting over the lack oftransparency and the value of releasing thecurrent draft text to assuage public mistrust
The US Patent and Trademark Office’sclamp down on fraud continues to makewaves. New guidance from the TrademarkTrial and Appeal Board will come as somecomfort to brand owners
News
The fees for registering aCommunity trademark (CTM)were reduced on May 1.
A US appeals court has dealt ablow to Google’s controversialAdWords system by overturningan earlier dismissal of atrademark infringement lawsuitbrought against the search engineby computer breakdown supportcompany Rescuecom Corp.
China’s Supreme People’s Courthas issued a set of guidelineswith which to interpret thecountry’s notoriously complexNational IP Strategy.
A specialist IP court has handedluxury goods manufacturerHermès International thehighest amount of damagesever awarded in a trademarkinfringement case in Taiwan.
