Trademarks & Domain Names

Koen de Winder examines ‘image rights’ in the context of a Dutch model’s attempt to register her portrait as a trademark.

Gucci has pipped Rolex to the undesirable top spot of ‘most counterfeited luxury brand on TikTok’ in a 24-hour study of 40 popular brands on the app released this month. The research highlights once again the need to monitor and enforce IP rights on this popular platform. 

Brand value is a key driver of merger and acquisition (M&A) activity, reflecting the growing importance of intangible assets. However, getting IP portfolios M&A ready requires in-depth, proactive work that many fail to carry out, potentially causing serious issues further down the line.

Apps provide brand owners with a new way to connect with and market to consumers, but how do you make the most of the opportunities while managing the risks of brand damage or infringement?

Brand name and trademark selection are often associated with navigating potential infringement and opposition risks. Nevertheless, the consideration of local linguistic and cultural sensitivities is also part of the process, and a recent social media spat reminds us that cultural appropriation is a strong element of this, explains UK Trademark Attorney Luke Portnow.

The battle between the 'impossible' and the 'incredible' burgers resumed on 5 May when EUIPO’s Cancellation Division assessed a claim of invalidity against the ‘Impossible Burger’ trademark. Loretta Dashorst sets out the background to the latest ruling.

As a business grows, so too do the demands on its IP department. In an excerpt from our white paper, we set out the pros and cons of the fully in-house, fully outsourced and hybrid IP management models.

As the requirement to submit proof of use at the USPTO is different to practices in Europe, it can cause problems for brand owners looking to protect their trademarks in the important US market. Marianne Tissot and Marion Mercadier explain when evidence of use is required, and set out best practices for obtaining protection for trademarks in the US.

In the second of our articles focusing on brand protection on online marketplaces, Markus Rouvinen explains how the forthcoming Digital Services Act offers both opportunities and risks for brand owners seeking to protect their IP online.

The growth of e-commerce during the COVID-19 pandemic has placed the IP spotlight once again on brand protection on online marketplaces. Markus Rouvinen sets out how recent case law may offer new routes for brand owners to protect their rights on these platforms.

At the end of 2020, the UK government announced a change to the rules of representation before the UKIPO. New trademark, design and patent applications and contentious actions at the UKIPO now require a 'UK address for service' to be appointed.

For Novagraaf's roundtable last month, we gathered IP professionals from a range of industry sectors to discuss the impact of the COVID-19 pandemic on their IP strategies and operations. Download our white paper to read the key findings from that discussion.