Features
The German Patent and Trademark Office faces anumber of challenges, including a surge in applicationsand the need to tackle backlogs. But senior staff areconfident they are up to the job
The UK High Court has shed some much-needed lighton the slightly dubious methods employed bytelemarketers that seek to piggy-back on anotherbrand owner's success by blurring the distinctionbetween themselves and the brand owner. The rulingprovides guidance on the extent to which such tradersare expected to go in distinguishing their productsand services from those of other traders to ensure theystay on the right side of the law
Germany is an important player in the global economyand the home of a significant number of high-profilebrands, but in recent years the market for trademarklegal services has slowed down. Now, however, it lookslike things could be improving
The blurring of traditional distinctions betweentrademark attorneys and lawyers in Europe meansfinding the right person for the job can be aconfusing task. The situation is not helped by thenomenclature that different professionals use
Each company has a different trademark and brand story to tell. For the Extreme Group, which is just reaching its teens, the story is all about building through intensive licensing
Late last year, the ECJ issued its first judgmentregarding the penalties for IP infringement. The rulingoutlines the conditions for the imposition ofprohibitive injunctions against unauthorized use ofCommunity trademarks, and both the outcome and thereasoning of the court will be of interest to rightsholders across the European Union
The dispute over the name iPhone has attracted a lotof attention because of the fame of the partiesinvolved. Besides offering the entertainment of seeingtwo giants locked in combat, the dispute providessome worthwhile trademark lessons
Brand owners tend to focus their fight againstcounterfeiting on external actions. While this iscrucial, they should also make sure they take allnecessary measures internally to avoid giving ahelping hand to potential infringers
The decision by the Higher People’s Court of Shanghai to uphold claims brought by Starbucks against an infringerfor trademark infringement and unfair competition has thrown light on the long-standing conflict betweentrademark rights and proprietary rights in enterprise names in China. The decision also demonstrates the Chineseauthorities’ determination to step up their efforts in affording greater protection to well-known foreign brands
Columns
Some internet business models, such as theuse of trademarks in keyword advertising,collide with the law of certain jurisdictions.This is the case in France, where the courtshave issued numerous decisions againstthe providers of keying services
The consequences of an applicant orregistrant making a materialmisrepresentation of fact before the USPatent and Trademark Office that it knew orshould have known was false or misleadingcan be severe. If proven, the applicationor registration will be deemed void in itsentirety. Thus, a clear understanding ofboth how to avoid a claim of fraud andhow to deal with potentially problematicapplications or registrations is imperativefor any trademark professional
As the Internet plays an increasinglyimportant role for businesses, it is crucialthat these develop a domain name policyas part of their brand policy. And thatpolicy must provide not only registrationrules, but also management rules
Until consumers are convinced thatbuying counterfeit goods is wrong, otherinitiatives designed to halt the trade infakes are bound to fail
Industry insight
Navigating the world of intellectualproperty can be difficult and timeconsuming.Improper trademarkmanagement can distract from your corebusiness, result in wasted resources and putvaluable trademarks at risk. Corporationsand outside counsel need experiencedguidance and a clearly defined roadmap.
Country correspondent
Many countries have similar systems for the registration and enforcement of trademarks. However, there willinevitably be differences, often borne out of the different jurisprudential bases on which these systems arebased. This article looks at trademark enforcement in Australia and highlights some aspects of the Australianlegislation which differ from the US system. It also examines the main border protection methods available inAustralia to trademark owners
News
Roundtable
A panel of experts discuss some of the problems that trademarkowners now face online and look ahead to what may develop overthe coming years
