Posts Tagged: "International Trademark Association"

On World Anti-Counterfeiting Day, Organizations Highlight Proliferation of Online Fakes Amid Pandemic and Offer Solutions

Yesterday was World Anti-Counterfeiting Day (though there’s not much available online to prove it). Of course, counterfeits have proliferated over the last year, as people stayed home and shopped online more than ever before. A January 2021 report by Digital Commerce 360 found that U.S. ecommerce sales grew by 44% last year over 2019—” the highest annual U.S. ecommerce growth in at least two decades.” As part of a report released yesterday on how to address the sale of counterfeits online, the International Trademark Association (INTA) said that—even in more normal times—a 2020 Department of Homeland Security report found that “e-commerce year-over-year retail sales grew by 13.3 percent in the second quarter of 2019 while total retail sales increased by only 3.2 percent as brick-and-mortar retail continued its relative decline.”

INTA Comments in George Orwell EUTM Cases on Names and Titles

The International Trademark Association (INTA) last week filed amicus briefs before the European Union Intellectual Property Office (EUIPO) Grand Board of Appeal in three cases concerning applications to register EU trademarks (EUTMs) for the words GEORGE ORWELL, ANIMAL FARM and 1984. The  briefs concern the registration of trademarks for names of historical persons/famous authors (the GEORGE ORWELL case) and titles of literary or artistic works (the ANIMAL FARM and 1984 cases). All of the applications were filed in 2018 by The Estate of the Late Sonia Bronwell Orwell (George Orwell’s second wife, who survived him and died in 1980) without evidence of acquired distinctiveness through use.

U.S. and EU Copyright Law Developments Reviewed at INTA Annual Meeting

Last week, during the International Trademark Association’s (INTA’s) all-virtual 2020 Annual Meeting & Leadership Meeting, panelists Naomi Jane Gray, Axel Nordemann and Catherine Zaller Rowland discussed perspectives in Copyright Law in a session titled “Hot Topics in Copyright: The New and Controversial Landscape.” In particular, the panelists discussed United States and European perspectives on 1) mash-ups, politics and parody, 2) Liability for Platforms and Service Providers, and 3) Useful Articles.

Panelists Address Growing Threat from ‘Brand Restrictions’ at Virtual INTA Annual Meeting

Restrictions on the use of branding symbols are a growing and serious threat to IP rights, according to a panel of trademark specialists speaking at the online INTA Annual Meeting this week, which has been combined this year with the Association’s Leadership Meeting and is being held virtually. About 3,340 people from 110 countries are registered to attend. The moderator of the panel, former INTA President Ronald van Tuijl of JT International S.A., said there is “a very strong case against brand restrictions” arguing that: “In a market where all products look alike, the products become commoditized. Premium brands lose market share or are even delisted. That results in less consumer choice ultimately.”

Will SCOTUS Tell Bad Spaniels to Roll Over?

Sometimes a dog toy is just a dog toy. Maybe that’s how Sigmund Freud would have put it; certainly, that’s the message from our client, the International Trademark Association (INTA), to the U.S. Supreme Court. At issue is a Ninth Circuit decision that extends First Amendment protection to ordinary commercial goods like dog toys, at the expense of trademark rights. INTA, Jack Daniel’s competitors, alcohol beverage industry associations, and other trademark advocates this week asked SCOTUS to step in and reverse.