Strategy

Alcoholic and non-alcoholic drinks found to be sufficiently distinct for ‘Iceberg’ trademarks to be allowed to co-exist.

The number of countries and regions joining the international system for trademark registration on the basis of the Madrid Agreement and its Protocol, continues to grow, with Canada the latest country to deposit an instrument of accession at WIPO.

First broadcasted on 13 March 2019, this webinar will explain the status of Brexit negotiations (as of 13 March) and the plans that have been put in place for the cloning of IP rights (including in a ‘no-deal’ scenario).

Brand owners have long complained about the ease with which counterfeiters are able to sell fake goods in online sites such as Amazon. Now, the retailer has announced plans to introduce serial numbers and improve automatic detection to curb such sales.

Marketing teams and their legal advisers naturally differ in their approach to brand name creation. The former often preferring product names that their more risk-averse legal colleagues consider too ‘descriptive’ from a trademark perspective. How do you find the right balance?

So much of Brexit is up in the air, including the date when the UK’s exit from the EU will even occur. We summarise what we know so far, and how businesses should prepare.

We previously covered the need for businesses to establish a clear and consistent strategy for registering and renewing domain names. For UK businesses with .eu domain name registrations, 29 March 2019 (‘Brexit day’) adds a further deadline.

Although the CJEU recently ruled that the flavour of a cheese spread is not eligible for copyright protection, advances in the technology used to electronically describe odours and flavours could overcome legal obstacles to their protection in the future, say Chantal Koller and François Grange.

Domain name management usually sits outside the IP department with marketing and/or IT teams. Those departments may have been schooled in the need to consult the IP team as part of the domain name registration strategy, but what about decisions as to ongoing maintenance, gaps in protection or decisions to lapse registered domains?

As is usually the case with IP, it saves time and money over the longer term if a strategy is in place in advance of a brand takeover or launch. The same is true when two businesses merge.

It may be desirable or indeed necessary to retain existing ownership structures for brands acquired as part of a merger or acquisition (M&A). However, if the newly merged business has been rebranded, the conflict between the registered legacy brands and the new brand will need to be resolved.

The European Commission and UK negotiators reached an agreement on the entirety of the Brexit Draft Withdrawal Agreement on 14 November. Next it needs to get through UK parliament and the rest of the EU.