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Bad Faith Trademarks Intellectual Property Protection

Lippes Mathias LLP

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

Lippes Mathias LLP on

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

Smart & Biggar

Canadian Trademark Law 2023: A Year in Review

Smart & Biggar on

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

Linda Liu & Partners

Protection of Well-known Trademarks Needs to Take into Account the Bad Faith of the Disputed Trademark and the Relevance of the...

Linda Liu & Partners on

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

Jaburg Wilk

Internet Eviction: Using the UDRP to Boot Cybersquatters

Jaburg Wilk on

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

Katten Muchin Rosenman LLP

Bad Faith Games – Hasbro Rolls and Loses - Kattison Avenue/Katten Kattwalk | Issue 2

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

Dorsey & Whitney LLP

Important Trademark Development from China for 2022: What US Brand Owners Need to Know

Dorsey & Whitney LLP on

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

Weintraub Tobin

Podcast - The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR...

Weintraub Tobin on

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

Weintraub Tobin

The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token

Weintraub Tobin on

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

Hogan Lovells

Anchovy News, September 2020

Hogan Lovells on

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

Haug Partners LLP

The United States-China Trade Deal: Key Provisions for Intellectual Property Owners

Haug Partners LLP on

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

Hogan Lovells

China: implementing regulations for new Trademark Law published - Weapons against bad faith filings upgraded, but uncertainty...

Hogan Lovells on

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

Hogan Lovells

EUIPO: Repeat trademark applications for the same classes can equate to bad faith

Hogan Lovells on

In July, the Second Board of Appeal of EUIPO declared the MONOPOLY trade mark invalid to the extent that the underlying application covered goods and services for which the trade mark was already registered. Such filings...more

Hogan Lovells

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

Hogan Lovells on

On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more

Perkins Coie

China’s National Legislature Advances Changes to Trademark Law

Perkins Coie on

The Standing Committee of the National People’s Congress (NPC) announced amendments to the Trademark Law of the People’s Republic of China (PRC Trademark Law) on April 23, 2019. The amendments apply to six articles of the PRC...more

Hogan Lovells

WIPO Domain Name Dispute Resolution: One Americano, please!

Hogan Lovells on

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel refused to order the transfer of a Domain Name because the Complainant...more

Hogan Lovells

WIPO: Be aware of generic terms in domain name dispute resolution

Hogan Lovells on

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel denied the transfer of a domain name because the Complainant failed to...more

Butler Snow LLP

Winning the Domain Name Game: A Clear Cut Process for Protecting Your Business or Brand from Cybersquatters

Butler Snow LLP on

So you want to register a domain name for your company’s registered trademark only to find out, it’s already been claimed by someone other than you. Even worse, someone has incorporated your trademark into his domain name and...more

Hogan Lovells

Europe – General Court: Bad faith’s link to likelihood of confusion

Hogan Lovells on

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

Hogan Lovells

EUTMs: “Strategic” re-filings and the GC’s last word – for now – on related bad faith & proof of use

Hogan Lovells on

General Court (GC) judgment in case T-736/15, 19 October - Re-filings – legitimate interest versus bad faith - Trademark re-filings can have a legitimate interest which could be to slightly amend the specification of...more

McAfee & Taft

UDRP: An alternative to traditional litigation

McAfee & Taft on

Imagine for a moment that after investing time and money in branding and marketing your product or service, someone registers a domain name that matches your trademark. Now imagine that the owner of the domain name will only...more

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