Litigation/Dispute Resolution and Trademarkshttp://www.managingip.com/RSS.aspx?FeedID=2917©2018 Managing Intellectual Property60Litigation/Dispute Resolution and TrademarksTop Brexit considerations for trade mark ownersTaylor Wessing’s Roland Mallinson spoke to MARQUES delegates about what they should do to prepare for a Brexit no-deal scenario if they have trade mark registrations or oppositions pendinghttp://www.managingip.com/Article/3834218/Top-Brexit-considerations-for-trade-mark-owners.htmlFri, 21 Sep 2018 23:30:00 GMTFashion firms reveal how they protect IPCounsel at Lacoste, Chanel, Swarovski and Furla talked about what they look for in external counsel, clearance, mitigating infringement risk, what and when to register and enforcement at MARQUEShttp://www.managingip.com/Article/3834217/Fashion-firms-reveal-how-they-protect-IP.htmlFri, 21 Sep 2018 23:00:00 GMTHow the EU Copyright Directive could affect trade marksSpeakers at the MARQUES annual conference analysed how the European copyright legislation could raise challenges for brand owners and benefit the furniture industry. They delved into amendments made to the directive draft voted through last weekhttp://www.managingip.com/Article/3833702/How-the-EU-Copyright-Directive-could-affect-trade-marks.htmlThu, 20 Sep 2018 15:00:00 GMTInside BMW’s counter-cybersquatting strategySenior trade mark counsel Aimee Gessner told delegates at MARQUES about how BMW uses WIPO’s uniform domain-name dispute-resolution policy to fight website trollshttp://www.managingip.com/Article/3833675/Inside-BMWs-counter-cybersquatting-strategy.htmlThu, 20 Sep 2018 15:00:00 GMTIn-house counsel reveal challenges of protecting and enforcing designsCounsel at Red Bull, Nestlé and Ferrero answered questions at MARQUES about when you should file, what to seek protection for and using surveys to protect non-traditional marks. One panellist declared: “3D marks are dead”http://www.managingip.com/Article/3833563/In-house-counsel-reveal-challenges-of-protecting-and-enforcing-designs.htmlWed, 19 Sep 2018 16:15:00 GMTHow automotive brands are fighting the rise of counterfeit partsEuropean counsel at Audi, Philips Automotive and a German car manufacturer tell Managing IP about how they’re using a combination of litigation, technology and communication to fight off the growing fake car-parts markethttp://www.managingip.com/Article/3833153/How-automotive-brands-are-fighting-the-rise-of-counterfeit-parts.htmlMon, 17 Sep 2018 21:00:00 GMTChina’s new e-commerce law still has loopholes for infringersThe law is unclear on disclosure of vendor identification data and duty of care for e-commerce platforms, which could place a large new burden on IP ownershttp://www.managingip.com/Article/3833042/Chinas-new-e-commerce-law-still-has-loopholes-for-infringers.htmlMon, 17 Sep 2018 05:00:00 GMTUS government likely to be disappointed in Brunetti review questThe USPTO has appealed to the Supreme Court to allow it to control immoral and scandalous trade mark registrations. Review and reversal of In re Brunetti seems unlikely because a similar issue was addressed in Tamhttp://www.managingip.com/Article/3833019/US-government-likely-to-be-disappointed-in-Brunetti-review-quest.htmlFri, 14 Sep 2018 20:00:00 GMTSky appeal plea kicked out by UK Court of AppealIn the latest development in the Sky v Skykick case, the UK Court of Appeal has refused Sky’s application for permission to appeal its case and to stay the related CJEU references but left open the possibility for rights holders to appeal against EU court references in the futurehttp://www.managingip.com/Article/3831858/Sky-appeal-plea-kicked-out-by-UK-Court-of-Appeal.htmlMon, 10 Sep 2018 15:00:00 GMTSouvenir industry battered by CJEU castle name rulingThe CJEU has dismissed a trade mark appeal over a German castle name in a decision that overrules the German Federal Court and opens the gates for other European heritage-site owners to monopolise their markshttp://www.managingip.com/Article/3831745/Souvenir-industry-battered-by-CJEU-castle-name-ruling.htmlFri, 07 Sep 2018 17:15:00 GMTRecordals tipped to be one of blockchain’s main IP usesPanellists including David Kappos at IP Week in Singapore agreed the most important IP use for blockchain will be to record registration in order to understand who owns patents and trade markshttp://www.managingip.com/Article/3831393/Recordals-tipped-to-be-one-of-blockchains-main-IP-uses.htmlWed, 05 Sep 2018 23:15:00 GMTUK court doubles down in case transferred in errorThe UK High Court, which transferred the Massimo Osti case to the Intellectual Property Enterprise Court on its own initiative at the triage stage, has now concluded that the IPEC is the right forum for the claim anywayhttp://www.managingip.com/Article/3831390/UK-court-doubles-down-in-case-transferred-in-error.htmlWed, 05 Sep 2018 21:45:00 GMTIP STARS 2019 research has begunResearch for the 2019 edition of Managing Intellectual Property IP STARS is now underway, starting with a survey of firmshttp://www.managingip.com/Article/3831392/IP-STARS-2019-research-has-begun.htmlWed, 05 Sep 2018 16:30:00 GMTUnpacking the S-shape Benelux mark invalidationA Netherlands court has invalidated a shape mark for packing peanuts registered in 1994, once again illustrating the difficulty in obtaining and maintaining such registrations in Europe – even those that are old and well-establishedhttp://www.managingip.com/Article/3830301/Unpacking-the-S-shape-Benelux-mark-invalidation.htmlThu, 30 Aug 2018 17:15:00 GMTInside the IP needs of a $1 billion start upThe general counsel at smartphone-only bank Monzo tells Managing IP about the IP requirements of a high-growth financial start-up – such as finding proactive external counsel, protecting assets in the open-source era and ensuring tactics develop as the business scaleshttp://www.managingip.com/Article/3828828/Inside-the-IP-needs-of-a-1-billion-start-up.htmlWed, 22 Aug 2018 17:30:00 GMTWhy is it so hard to register shape marks in the EU?David Stone discusses the difficulties of registering and enforcing shape trade marks in the European Unionhttp://www.managingip.com/Article/3828438/Why-is-it-so-hard-to-register-shape-marks-in-the-EU.htmlTue, 21 Aug 2018 17:30:00 GMTThe week in IP: $315m antitrust award, Qualcomm settlement, Federal Circuit brief policy change, Bruce Lee trade mark ruling, cannabis patent case, and moreEllie Mertens rounds up the biggest recent patent, trade mark and copyright newshttp://www.managingip.com/Article/3827455/The-week-in-IP-315m-antitrust-award-Qualcomm-settlement-Federal-Circuit-brief-policy-change-Bruce-Lee.htmlThu, 16 Aug 2018 00:00:00 GMTCalifornia jury awards LED company $66m in trade secrets caseChinese competitor Elec-Tech found to have stolen trade secrets related to Lumileds technology for making high power LEDs used in flash phones and headlightshttp://www.managingip.com/Article/3827004/California-jury-awards-LED-company-66m-in-trade-secrets-case.htmlTue, 14 Aug 2018 14:15:00 GMTBrazil “on the verge” of increasing prison time for IP violationsBusinesses are pushing to amend Brazil’s industrial property law in order to increase prison sentences for trade mark, industrial design, and patent infringementhttp://www.managingip.com/Article/3826675/Brazil-on-the-verge-of-increasing-prison-time-for-IP-violations.htmlFri, 10 Aug 2018 18:00:00 GMTThe latest IP people moves in the AmericasIntellectual property moves include McDermott Will & Emery’s head of trade secrets moving to DLA Piper, administrative patent judge Lora Green joining Wilson Sonsini Goodrich & Rosati and hires by Latham & Watkins, Ropes & Gray and morehttp://www.managingip.com/Article/3826568/The-latest-IP-people-moves-in-the-Americas.htmlFri, 10 Aug 2018 16:30:00 GMTUSPTO tipped to take scandalous trade mark case to Supreme CourtThe USPTO will likely ask the Supreme Court to clarify the “scandalous and immoral” provision of Section 2(a) of the Lanham Act once and for allhttp://www.managingip.com/Article/3826315/USPTO-tipped-to-take-scandalous-trade-mark-case-to-Supreme-Court.htmlThu, 09 Aug 2018 15:00:00 GMTGet ready for a new UK disclosure menuThe judiciary in England and Wales has announced a pilot scheme for the new rules on disclosure that may affect intellectual property disputeshttp://www.managingip.com/Article/3824906/Get-ready-for-a-new-UK-disclosure-menu.htmlThu, 02 Aug 2018 17:00:00 GMTReport reveals perception versus reality of IP litigation riskMore than 50% of in-house survey respondents agree that IP litigation costs could have a material impact on their businesses but only 7% purchase IP insurance, according to a Willis Towers Watson reporthttp://www.managingip.com/Article/3823936/Report-reveals-perception-versus-reality-of-IP-litigation-risk.htmlMon, 30 Jul 2018 21:30:00 GMTLNDR beats Nike in abbreviation battleIPEC has ruled that LNDR is not inherently descriptive as an abbreviation in a case that highlights the growing reliance on social media in trade mark litigation and the efficiency of the courthttp://www.managingip.com/Article/3823624/LNDR-beats-Nike-in-abbreviation-battle.htmlFri, 27 Jul 2018 22:00:00 GMTArgentina’s IMPI sets out trade mark opposition procedureRegulation No. P-183/2018 implements part of the amendments introduced in January, which made several changes to the trade mark, patent and design patent lawshttp://www.managingip.com/Article/3823248/Argentinas-IMPI-sets-out-trade-mark-opposition-procedure.htmlThu, 26 Jul 2018 21:00:00 GMTEUIPO must re-examine Kit Kat shape, rules CJEUNestlé did not produce sufficient evidence to show that Kit Kat’s three-dimensional shape had acquired distinctive character, the CJEU rules, in a case that makes it clear the test for acquired distinctiveness is different from the test for non-usehttp://www.managingip.com/Article/3822944/EUIPO-must-re-examine-Kit-Kat-shape-rules-CJEU.htmlWed, 25 Jul 2018 15:00:00 GMTUS trade secret case filing jumped 30% in 2017A Lex Machina report reveals trade secret case filing figures after passage of the DTSA, as well as the largest ever damages awards and top plaintiff and defendant law firmshttp://www.managingip.com/Article/3821979/US-trade-secret-case-filing-jumped-30-in-2017.htmlThu, 19 Jul 2018 18:30:00 GMTScottish case highlights difficulty of proving trade secrets are confidentialThe decision in Bilfinger v Edinburgh Tram Inquiry reinforces the need to keep trade secrets under wraps, even when a company must prove they are secretshttp://www.managingip.com/Article/3821969/Scottish-case-highlights-difficulty-of-proving-trade-secrets-are-confidential.htmlThu, 19 Jul 2018 17:00:00 GMTFighting parallel imports in AsiaIssues and tips for brand owners tackling parallel imports in China, Hong Kong and Japan were outlined in a Hogan Lovells webinarhttp://www.managingip.com/Article/3821756/Fighting-parallel-imports-in-Asia.htmlWed, 18 Jul 2018 18:15:00 GMTStrategies for trade secret litigation in ChinaEvidence collection remains the primary challenge when it comes to trade secret litigation. Managing IP asks law firm practitioners and in-house counsel how this area of IP is evolving in Chinahttp://www.managingip.com/Article/3821151/Strategies-for-trade-secret-litigation-in-China.htmlTue, 17 Jul 2018 02:15:00 GMT