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Podcast - The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
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Protecting Your Brand in China
If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more
2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks...more
Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P. (“Westin L.P.”) successively operated hotels with the brand name “威斯汀 (Wei Si Ting – Westin in Chinese)” in Shanghai, Beijing,...more
We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that...more
Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the...more
The US Court of Appeals for the Fourth Circuit joined the Third and Eleventh Circuits in ruling that the re-registration of an infringing domain name with a bad faith intent to profit violates the Anti-Cybersquatting Consumer...more
The trademark system in China follows the first-to-file rule. As long as the application meets the statutory application requirements, trademark registration can be obtained, resulting in a large number of bad faith...more
For EU and UK trademarks, there is a five-year grace period following the issuance of a registration, during which the trademark owner must use the mark in connection with the goods and/or services covered by the registration...more
The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has reversed a EUIPO decision from May 2021 canceling a trademark registration for an image of a monkey by the anonymous UK artist known as Banksy....more
Our November Insurance Update covers several topics. We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments. The Nebraska Supreme Court now considers whether a...more
It is well known that one of the key issues in trademark registration allowance and affirmation cases is whether a trademark is similar to another prior conflicting trademark on identical or similar goods. The determination...more
For domain name disputes, applying to WIPO Arbitration and Mediation Center for arbitration is a way that many foreign right holders are willing to choose because of its fast speed and low cost. If the respondent is a Chinese...more
China has been speeding up its legislative efforts in protecting trademark rights and improving its trademark administration. In 2021, China issued a number of new rules and regulations on trademark practice....more
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings Author’s Estate and the Cryptocurrency JRR Token. ...more
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings Author’s Estate and the Cryptocurrency JRR Token....more
Examining whether a registered mark and a domain name were confusingly similar under the Anti-Cybersquatting Consumer Protection Act (ACPA), the US Court of Appeals for the 11th Circuit affirmed the district court’s grant of...more
In the much-anticipated Hasbro Inc. v. EUIPO (T-663/19) decision, the General Court of the European Union announced a new approach to evaluating bad faith in trademark filings and signaled a more aggressive stance toward the...more
Bad-faith trademark filings can pose a painful obstacle to brand owners’ attempts to register and enforce trademark rights in China. Traditionally, trademark owners have needed to file a broad range of defensive applications,...more
For years, domain names were restricted to twenty-two basic generic top-level domains (gTLDs), including the popular ".com," ".net," and ".org." In late 2013, the Internet Corporation for Assigned Names and Numbers (ICANN),...more
In a “somewhat unusual” trademark case involving directly competing products and marks using the same words, the US Court of Appeals for the Second Circuit reversed in part and affirmed in part the grant of summary judgment...more
This is the September 2020 edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover...more
On January 15, 2020, the United States and China entered into the Economic and Trade Agreement Between The Government Of The United States Of America And The Government Of The People’s Republic Of China....more
On 11 October 2019, China's State Administration for Market Regulation ("SAMR") published the Regulations on the Registration of Trademarks, which will become effective on 1 December 2019. The Regulations are implementing...more
On April 23, 2019, the Standing Committee of the National People’s Congress of the People’s Republic of China promulgated the fourth revision of the Trademark Law of the People’s Republic of China which will come into effect...more