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The international systems for trademark and design protection continue to expand with Brazil the latest country to file an instrument of accession to the design protection system and Mauritius acceding the trademark system. The more countries that join the systems the better for companies that operate internationally.
In December 2022, the EU General Court discussed the assessment of the likelihood of confusion in the context of the dispute between the holders of the ‘Well and Well’ and ‘WellBe Pharmaceuticals’ trademarks. Florence Chapin sets out its conclusions
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.
On 17 February, Germany ratified the Unified Patent Court Agreement. This means that the Unitary Patent and Unified Patent Court system will enter into force as planned on 1 June 2023, with the Sunrise period beginning on 1 March 2023.
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.
With the Unitary Patent and Unified Patent Court system on the horizon, the first question for European patent rights holders is whether to opt-out from the jurisdiction of the UPC before the system comes into force.
Unfair commercial practices not only prevent consumers from making informed decisions; they also impact the bottom line and reputation of the impacted companies. Here's what you can do about it.
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.