US

An application to register Uncle Sam as a figurative trademark has been refused by the USPTO on the grounds of its iconic character and cultural significance.

The Madrid System for the international registration of marks offers brand owners the opportunity to apply and maintain protection for trademarks in 105 countries via one single procedure, in one language and one set of fees.

Latest joint study by the EU Intellectual Property Office and the Organisation for Economic Co-operation and Development estimates the annual value of international trade in counterfeit and pirated goods to have reached €460 billion by 2016.

Former American rock band Nirvana recently filed an action for copyright infringement against fashion label Marc Jacobs, after it launched its Bootleg Redux Grunge collection, featuring designs that resemble the band’s iconic smiley face.

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?

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.

Rockstar Games, the makers of the 2018 hit action-adventure game Red Dead Redemption 2 (RDR2) is battling to overcome a trademark challenge by Pinkerton Detective Agency.

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?

Choosing a new company or brand name can breathe new life into an enterprise; on the other hand, not all consumers embrace change. Trademark Attorney Claire Jones sets out points to consider when assessing whether a rebrand is right for you.