Published Articles
  1. Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law

    Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law


     
     Introduction by Andrew Berger
    I am pleased to introduce Robert Cumming who I have enjoyed meeting at INTA and whose blog posts at.www.robertcumming.eu I read with interest.
    Robert is an experienced IP lawyer with Appleyard Lees, a 32-person firm of European patent and trade mark attorneys.  With a litigation background and qualifications as an English solicitor, Registered UK and European trade mark attorney and Trade Mark Litigator, Robert is just as happy advising on contentious matters as prosecution, strategy and licensing.  He has written and presented on keyword advertising and is working with INTA on a global report analysing the use of survey evidence in trade mark litigation.

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  2. Determining Genuine Use of a CTM in the EU after ONEL

    Determining Genuine Use of a CTM in the EU after ONEL

     

    Another issue that came up in a Table Topics discussion I moderated at INTA earlier this month was what constitutes genuine use sufficient to sustain a CTM in the European Union (EU). We briefly touched on Merken v. Beheer (better known as  ONEL) recently decided by The Court of Justice of the European Community (CJEU).
    Again because ONEL might not be well known to practitioners outside the EU I decided to summarize it and the guidance it provides.

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  3. Translating IP Translator For US Mark Holders Filing in Europe

    Translating IP Translator For US Mark Holders Filing in Europe

    I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the issues that came up was Chartered Institute of Patent Attorneys v. The Registrar of Trademarks known as IP Translator (decision here). The case continues to cause problems for Community trademark filers seeking a community trademark (CTM) in the European Union (EU).

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  4. How Brands May Navigate the Challenges Raised by ICANN’s Domain Name Expansion

    How Brands May Navigate the Challenges Raised by ICANN’s Domain Name Expansion

     
     

    Sometime in 2013 we may experience the largest expansion of the Internet namespace in history. On June 13, 2012, ICANN (the Internet Corporation for Assigned Numbers and Names) announced the receipt of 1,930 applications from 60 countries for 1,409 new generic top-level domains or gTLDs. (A gTLD is part of the domain name or string to the right of the dot, such as .com., .biz or .org.) A list of applicants is here.

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  5. Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs

    Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs


     
    I will speak at a GOAL (Global Outsourcing Association of Lawyers) webinar on July 10, 2012 re one of the  most significant changes to the Internet, ICANN’s expansion of the namespace to include an unlimited new number of generic top-level domains (gTLDS) in any language.
    I will cover the following:
    a. Who applied for a gTLD  and why
    b.

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  6. Guest Blog Post: Why Did Apple Lose the First Round in Its iPad Trademark Dispute in China

    Guest Blog Post: Why Did Apple Lose the First Round in Its iPad Trademark Dispute in China

    Introduction by Andrew Berger:
    I am pleased to post another article by Vivien Chan focusing on IP in China. Vivien is the senior partner of Vivien Chan & Co., a Greater China law firm with offices in Hong Kong, Beijing and Shanghai with close to 30 years experience in labor & employment, mergers and acquisitions, technology transfers,  information technology, and related tax issues.

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  7. How to Protect Your Intellectual Property When Outsourcing

    How to Protect Your Intellectual Property When Outsourcing


    Thinking about outsourcing? Take a deep breadth and you may want sit down till the thought passes. Many outsourcing arrangements fail for a variety of reasons and even when they succeed the costs incurred may be more than the costs saved.
    One of the biggest risks is protecting your intellectual property (“IP”) when it is outsourced. There are no silver bullets that will guarantee protection.

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  8. Global Intellectual Property (IP) Offshoring Panel Discussion – Trends and Challenges in IP Offshoring – 15 Feb 2012

    Global Intellectual Property (IP) Offshoring Panel Discussion – Trends and Challenges in IP Offshoring – 15 Feb 2012

    Andrew will speak about the IP issues surrounding outsourcing at a webinar sponsored by Global Outsourcing Association of Lawyers (GOAL),  on February 15, 2012 at noon EST. The program is intended for:

    • Buyers of legal outsourcing services – law firm partners, counsels, IP counsel and practitioners based in the US, UK and other markets;
    • Service Providers of legal outsourcing services – LPO executives, emerging LPOs from vendor locations in Asia, Africa, UK/Europe, America and others; and
    • Investors, Software Vendors, Researchers, Academicians and other interested stake holders of LPO industry.
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  9. Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks

    Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks


    Below is the transcript of my January 26, 2012, webinar presentation sponsored by the International Executive Resources Group focusing on protecting intellectual property here and abroad from new forms of online infringement and brand attacks. But first a word of warning. My talk runs for about 45 minutes and therefore this is a long post. Here is a quick overview of what I cover.

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  10. Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks

    Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks


     
    Andrew will speak at a webinar on January 26, 2012 at 10:00 am sponsored by the International Executive Resources Group on protecting your IP in the US and abroad from new forms of online infringements and brand attacks.
    Andrew will begin by discussing three reasons why global infringement is a growing and what governments and copyright holders are doing here, in Europe and China to combat it.

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