Tag archives: trademark enforcement

Australian Trademarks Law Review – Edition 2

Photo of Frances Drummond (AU)Photo of Sophie Lees (AU)Photo of Isobel Taylor (AU)By Frances Drummond (AU), Sophie Lees (AU) and Isobel Taylor (AU) on Posted in Trademark
2018 marked the publication of the first Australian Trademarks Law Review from the Law Review series. The Law Review collates cross-border legal insights and analysis across a range of practice areas and is a useful resource for in-house counsel of global organizations. Following the publishing of the first edition of the Australian chapter of 2018 … Continue reading

(Don’t) knock it off!

By on Posted in Counterfeiting
The prevalence of counterfeit goods in Canada reflects weak laws and almost non-existent criminal enforcement within the country, resulting in an appearance of very limited protection for the intellectual property rights of brand owners. As discussed in a recent post on the topic, Canada has once again been named to the “Priority” Watch List in … Continue reading

Changes proposed regarding parallel imports – An exhausting concept for Australian trade mark owners?

Photo of Frances Drummond (AU)Photo of Rebecca Brenikov (AU)By Frances Drummond (AU) and Rebecca Brenikov (AU) on Posted in Trademark
In this article, we consider; the changes to the Trade Marks Act proposed in respect of parallel imports which the Draft Explanatory Memorandum states are aimed at ensuring that the law “better meet[s] the objective of facilitating the parallel importation of goods into Australia to the benefit of consumers by limiting the strategic use of … Continue reading

The European Commission has its say: EU trade marks post-Brexit

Photo of Georgina Hey (AU)Photo of Sophie Lees (AU)By Georgina Hey (AU) and Sophie Lees (AU) on Posted in Trademark
On 28 February 2018, the European Commission released its draft withdrawal agreement setting out a proposal on the arrangements for the withdrawal of the UK from the EU (Withdrawal Agreement). The full text of the Withdrawal Agreement can be viewed here: European Commission’s Draft Withdrawal Agreement dated 28 February 2018 (see Title IV on Intellectual … Continue reading

Cybersquatters – How to protect your brand from unwanted ‘guests’ online

Photo of Georgina Hey (AU)Photo of Rebecca Brenikov (AU)By Georgina Hey (AU) and Rebecca Brenikov (AU) on Posted in Advertising, Trademark
The internet is now the normal conduit for everyday personal, commercial and social transactions. It is more important than ever to ensure that your consumers know where to find your business online, and that no third parties are seeking to trade off your reputation in the online space. Domain names are the primary form of … Continue reading

Shocking your clients just became passé: US Court takes away the edge from scandalous brands

Photo of Frances Drummond (AU)Photo of Isobel Taylor (AU)By Frances Drummond (AU) and Isobel Taylor (AU) on Posted in Trademark
Thanks to two recent rulings of the US Supreme Court and the Court of Appeals of the Federal Circuit Court, trade marks containing “disparaging”, “immoral” and “scandalous” matter are no longer barred from obtaining registration in the United States of America. In the past, the US Patent and Trade Mark Office (USPTO) had the power … Continue reading

When your brand becomes a product descriptor

Photo of Georgina Hey (AU)By Georgina Hey (AU) on Posted in Trademark
Beware of the slide into “genericide” When launching a new brand, it is a marketer’s dream to have that brand name on every consumer’s lips, no matter the consequences. However, sometimes this is ultimately to the detriment of the brand. Just ask the owners of the XEROX or BAND-AID brands, which both fell victim to … Continue reading
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