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When it comes to an IP securitization deal, what's considered to be intangible suddenly materializes. Into what? The almighty dollar, of course. Shahnaz Mahmud reports

Shahnaz Mahmud, New York and James Nurton, London

Musician turned patent enforcer Judah Klausner is lining up law suits against some of America's biggest communications companies. He spoke to Shahnaz Mahmud about his plans, and why he denies being a patent troll

Emma Barraclough, London

Shahnaz Mahmud, New York

Emma Barraclough, London

A company that has a trade mark filing in place in a foreign jurisdiction has multiple options when considering an expansion of its trade mark rights into the United States. Specifically, US trade mark law provides several mechanisms pursuant to which a foreign trade mark owner can use the priority established by a foreign trade mark filing when making a filing in the United States.

In a recent judgment concerning interim measures (case Ö 566-06 – Roche Aktiebolag v Orifarm AB – June 9 2006), the Swedish Supreme Court ruled it objectively necessary for a parallel trader to relabel an imported pharmaceutical product with another company's registered trade mark in order to gain effective access to the Swedish market. This exception to the exclusive rights provided by a trade mark was found justified with respect to patient safety and resistance from consumers to a product marketed under a different name to that marketed by the trade mark proprietor.

Korea's Customs Service and KIPO, along with numerous Korean e-commerce sites and the European Chamber of Commerce, have been working with a number of famous brand owners to cut down on the proliferation of manufacturing, marketing and exporting of counterfeit goods. So far, their efforts have been successful. Estimates indicate over $90 million-worth of counterfeit goods were seized between February and April, a tremendous increase from the $30 million-worth seized in the whole of 2005.

As the use of slogans to promote and build awareness of goods and services becomes a universal phenomenon, companies who use slogans and have them splashed across their products or at their place of business have become more aware of the need to protect the slogans as trade marks, in addition to protecting their traditional marks. This is because consumers are now more aware of the various slogans being used and it can be argued that slogans can be considered to be part of the brand itself.