Country correspondent
A combination of trademark and design registration is necessary to ensure that products and their packagingobtain the maximum protection in Israel.
This year saw judgment in one of the first cases dealing with the collision of industrial design rightsand 3D trademarks.
Different approaches are available for protecting design and trade dress, depending on how established theproduct is in the Chinese market.
While there is extensive case law protecting trade dress under the Unfair Competition Law, protection undertrademark or industrial design law should be sought where possible.
Whether obtaining protection for 3D trademarks and designs or utilizing unfair competition laws, a range ofprotections are available to mark owners in Italy.
With no specific legal concept of trade dress, brand owners must choose from a range of legal protections ona case-by-case basis.
While there is no legal definition of ‘trade dress’ in Spain, protection can still be obtained throughother legal avenues.
An understanding of the relationship between trademark and design law is essential to protectingtrade dress in India.
A mixture of trademark and industrial design protection schemes can provide immediate protectionfor trade dress.
The lack of any specific protection for trade dress makes the accumulation of protection throughdifferent types of IP right crucial.
Columns
Utah’s new E-commerce Integrity Act isgroundbreaking, but how enforceable willit be and will it have a wider impact?
With time running out to influence thescope of ACTA, is it now too late to makesubstantive changes?
The launch of the Apple iPad increasesthe need for software developers to walkthe fine line between policing marks andallowing nominative use.
Features
At first glance, the recent ECJ decision on Googlekeywords clarifies the European position, but digdeeper and uncertainty remains – mirroring theposition in the United States.
When it comes to transliterating a brand to suit theChinese market, the first step is to forget all you knowabout how language works in the West. Get this processwrong and your trademark will be open to attack.
WTR takes a look at the blockbuster of the trademarkcalendar: the annual meeting of the InternationalTrademark Association, held this spring in Boston.
Changes to the domain space have promptedspeculation about the potential threat to brandowners, yet many have still to review their domainname strategies to reflect the new online landscape.So where should they begin?
While trademark counsel rarely have the opportunityto take to the streets, valuable insights can be gainedfrom the frontline experiences of investigators –including the need to respect and understandyour enemy.
Sports brands must contend with myriad challengesposed by their opponents, counterfeiters andinfringers. A sound defence and tough offence are thekeys to prevailing over these inventive opponents.
On May 25 2010, WTR announced the winnersof its fourth Industry Awards at an exclusiveceremony in Boston’s Harvard Club. The awardsare designed to recognize the vital work carriedout by in-house trademark counsel, and identifythe teams and individuals that are performingtheir functions to the highest possiblestandards. Over the following pages we speak tothe winners and explain why they were judgedto be leading examples of industry best practice.
Although hard data on Chinese trademark trials islike gold dust, WTR has uncovered a set of statisticsthat sheds new light on China’s evolving trademarklitigation landscape.
Having transliterated your brand and company names,the next step involves properly protecting them bothto counter the risk of infringement.
Trademark counsel rarely have the time andresources to contribute fully to decisions on corporateacquisition activities. But to provide expert, effective,transaction-specific trademark due diligence, severalissues should be considered.
News
WTR presents a round-up of news from around the globe
The controller general of theIndian Intellectual PropertyOffice (IPO), P H Kurian, hasmoved to quash rumours thatthe trademark function is set tobe removed from the jurisdictionof the IPO.
Klaus-Heiner Lehne, a memberof the European Parliament, hasstated that use of a Communitytrademark (CTM) in onemember state equals use in theCommunity, adding that thelegislative body will ensure thatany reform of the Europeantrademark system does notweaken the system.
Victoria Espinel, the US IPenforcement coordinator, hasunveiled the administration’sfirst joint strategic plan tocombat IP theft. The strategycontains more than 30 concreterecommendations to fulfil thepromise of helping and listeningto “victims” (clarified as rightsholders) of IP infringement, aswell as raising the prospect of afull review of IP laws.
The UK Court of Appeal hasfollowed last year’s Court ofJustice of the European Union(ECJ) ruling in L’Oréal v Bellure,which stated that unfairadvantage does not require alikelihood of confusion ordetriment to the mark. However,Lord Justice Jacob made it clear hewas not happy about having to“muzzle” commercial free speech,a move that he argued “amountsto a pointless monopoly”.
