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Category Archives: Trademarks & Brands

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No Deal Brexit and Exhaustion of Rights

On 28 November 2018, the UK government published a draft version of a statutory instrument (Exhaustion of Rights SI), and explanatory memorandum, which together explain the changes which will be made to UK intellectual property law relating to exhaustion of rights, in the event of a no-deal Brexit. The purpose of the SI is to

Germany: Influencers, distinctiveness and reputation. A translation round-up

The following short posts covering competition issues in influencer advertising, trademark distinctiveness for media services and limitations to the power of reputation are translated from our German language blog. We will publish futher English translations from this blog periodically: Berlin: Influencer must identify presented products as advertising In an attention-grabbing decision (case ref. 52 O 101/18), the District Court

Five steps to rehabilitate a brand in the midst of a crisis: Total Brand Care

It is essential that companies take a global and holistic approach to creating, commercializing, and protecting their brands and their value. When an organization experiences a public relations disaster, what is the role of communications in minimizing the impact to its brand as part of its overall Total Brand Care strategy? In this hoganlovells.com interview,

Federal Circuit revives Converse’s Chuck Taylor trademark and infringement claims

In a recent decision that illustrates the relevance of timing in evaluating the question of secondary meaning, the Court of Appeals of the Federal Circuit breathed new life into Converse’s “Chuck Taylor” sneaker design trademark by vacating an earlier ruling by the International Trade Commission (ITC) invalidating protection for that same mark. Background Relying upon

Key trademark decision secured for ZF before China’s highest court.

A team from our Shanghai IP Agency and Hogan Lovells Fidelity  has recently obtained a remarkable trademark decision for its client ZF and its affiliate ZF TRW Automotive Holdings (“ZF TRW”) before China’s highest court, the Supreme People’s Court (“SPC”). The case revolved around ZF TRW’s opposition action against a trademark application for its brand “TRW,”

IPunkt – German language (Deutsch) IP newsletter

Our German network is delighted to provide IP news and updates in German language. Please click the link below to read the latest IPunkt edition. IPunkt – Deutsch (German language) German language IP news is also regularly published on our cross-practice DE blog

Brexit and IP: impact of a no deal exit

On Monday the UK government published a series of notices on the impact of a no-deal Brexit on intellectual property right-holders. The notices are part of a series of notices the government has published recently setting out what would happen for key industries in the event of a no-deal Brexit and what industry should do

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. In this article, we provide an overview of those combined statistics, and analyze how this might have an impact on your business in China.   China IP litigation numbers

Global Products Law Summit: 3 October, London – Brexit, Artificial Intelligence, Class Actions and more…

Innovation, products & managing risk – Navigating global challenges for you and your products Our 2018 Global Products Law Summit in London is brought to you this year in collaboration with our Global Insurance Team, and focuses on all things product safety, compliance, and product liability. Valerie Kenyon,  Matthew Felwick and Victor Fornasier, leading Products Law partners in our

CJEU: Castles, candy, candlesticks – no happy end at Neuschwanstein?

Court of Justice of the European Union, 6 September 2018, Case C-488/16 P BSGE v EUIPO/Freistaat Bayern King Ludwig II. of Bavaria was without a doubt an architectural visionary. During his reign in the second half of the 19th century, he initiated the construction of various impressive buildings all across his kingdom which now form

Italy: Parallel imports – When a name change is a game changer.

The Administrative Court of Lazio (“TAR Lazio”) decided with judgment No. 09050 of 3 July 2018 (but published only few days ago) that, as a rule, the parallel importer does not have a right to change the trademark affixed on the product purchased in the country of origin in order to use a different trademark

Total Brand Care: How to legally obtain your desired brand

Brands can use trademarks to gain a competitive advantage in today’s crowded marketplace.  An iconic trademark can be one of your biggest assets; a core component of your identity; and a practical solution to prevent others profiting from your success.  But navigating the complexities of trademark law around the world is a challenge for many brands. 

Brand Benchmarking 2018 TMT Trends: Companies focus on EU and North America

The Hogan Lovells Brand Benchmarking 2018 report was published earlier this year. In the second of a series of articles, we look at some of the findings relating to the Technology, Media and Telecoms sector. TMT companies accounted for 23% of the 200 responses to the survey, making them the second largest sector after Diversified

Brand Benchmarking 2018: Trademark challenges and opportunities in China

In the first of a series of articles looking in more depth at the findings of the Brand Benchmarking 2018 report, we examine trends in China and East Asia. East Asia (comprising China, Japan, Korea and Taiwan) features prominently in the latest Brand Benchmarking report, while China specifically tops the list of challenging jurisdictions but

Mexico – Trademark law reform enters into force

On August 10, the Mexican Trademark Law Reform came into force. As reported in our previous posts, the Trademark Reform brings a range of largely positive changes for brand owners, including: protection of “non-traditional marks”, namely holographic signs, sound and smell marks mandatory acceptance of consent letters and coexistence agreements refusals on descriptiveness/lack of distinctiveness may

Total Brand Care: Integrate social purpose into everything you do.

Brand, mission and positive social influence. The world is changing. Brand value, revenue, cost of capital and talent retention are increasingly driven by those brands that successfully position themselves as positive social influencers. A new generation of conscious consumers, investors and organizations are looking to partner with brands that reflect their own values and beliefs. This

Wearable technology: IP opportunities and risks – LimeGreen Live webinar

Join us on 16 or 21 August for the fourth in our LimeGreen Live webinar series in conjunction with the Hogan Lovells Consumer Industry Sector Group. This webinar will explore the IP opportunities and risks for businesses operating in, or looking to enter the wearable technology market. Our presenters will discuss the lifecycle of a wearable technology product, from building or

Total Brand Care: Effective PR communications to minimize damage to your brand

Nobody likes to think about crisis management, and more often than not, businesses aren’t prepared to respond effectively when a disaster strikes. A poorly managed crisis can have a huge impact on your brand’s reputation, so planning for one is crucial. A tried and tested methodology will put you in the best position to approach

A problem in 3D – Opportunities and IP risks for businesses

“The UK Intellectual Property Office is wary, designers are worried, and the EU is embracing the tech.” In this Intellectual Property Magazine July/August article, Stella Wong examines the awkward relationship between 3D printing and IP. Issues discussed include: Opportunities in the consumer and life sciences industries (such as customised toys, or better tolerated medicines) Infringement challenges