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Brand protection online: The challenge of applying ‘physical’ laws to online marketplaces

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.

By Novagraaf Team,
Brand protection online: The challenge of applying ‘physical’ laws to online marketplaces
two fields and a road
News & opinion

Trademark infringement law: Differing indirect confusion definitions in the EU and UK

Trademark disputes can have starkly different outcomes in different jurisdictions, as demonstrated by a number of parallel EU and UK oppositions. UK Trademark Attorney Mona Asgari examines the different positions taken by the EUIPO and UKIPO in a recent opposition based on indirect confusion and emphasises the importance of local representation.

By Mona Asgari,
Trademark infringement law: Differing indirect confusion definitions in the EU and UK
wooden zebras
News & opinion

Trademark enforcement lessons: ZANA, Zara and PR

Stop the Press! 'HOUSE OF ZANA' has been found to be different from 'ZARA'.  To many, this will not have come as a surprise.  When trademark applications are opposed, applicants (and/or their representatives) are familiar with the argument “the marks only differ by one letter”.  Increasingly, that argument does not bear much weight at the UK IPO Tribunal Section.

By Luke Portnow,
Trademark enforcement lessons: ZANA, Zara and PR