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Most IP legislation was designed to support trademark protection in physical markets, making its application a challenge for brand owners facing trademark infringement on ecommerce channels, such as online marketplaces. Megan Taylor discusses strategies for brand protection online in light of recent rulings by the EU and UK courts.
In its December 2022 preliminary ruling, the Court of Justice of the EU found that Amazon’s practice of displaying ads for counterfeit Christian Louboutin shoes makes the e-tailer liable for online trademark infringement.
The Madrid System for the international registration of trademarks allows brand owners to apply and maintain protection in the different member states of the system via one single procedure, in one language and one set of fees. However, levels of protection can vary and the process is not without its shortfalls.
It’s possible to protect the shape of a new product through trademark, design and copyright law. However, in reality, design law and copyright are generally the most applicable.
A thorough review of your trademark portfolio now will put both your IP rights and your business in a strong position for the year to come. Assess your registrations for strength, accuracy and cost with the help of our three-step process.
In November 2022, the European Commission published a proposal to update current EU design law to adapt it to the digital age. Noa Rubingh outlines the proposed changes and the road to implementation.
EUIPO's Cancellation Division declared the trademark registration for Banksy's Monkey image invalid on the grounds of bad faith in spring 2021. In October 2022, that Banksy trademark decision was overturned based both on the absence of bad faith and the image’s distinctiveness, as Rosan Slits explains.
A new edition of the Nice Classification system for international trademark registration will become available on 1 January 2023. We outline the changes and their implications for trademark applicants.
Should the trademark owner be held liable for a product defect, even if they did not manufacture the goods? That was the question at the heart of a recent dispute before the Court of Justice of the EU. Noa Rubingh examines the ruling and its implications for trademark owners.
In the rush to launch a new business, product or service, businesses often fail to consider trademark protection for key elements of their branding. Laura Morrish shares eight reasons for starting the trademark process early in the brand creation process.
Businesses that are managing different brand names for the same products in different jurisdictions could save time and money by harmonising their trademark portfolio, says Luke Portnow.
Effective IP portfolio management does not only require access to the right technology and tools. IP firms and departments also need to consider how they approach their day-to-day IP tasks.