Search results for

James Nurton, Munich

Shahnaz Mahmud, New York

Emma Barraclough, London

Emma Barraclough, London

When contemplating the expansion of a brand into the United States marketplace, foreign trade mark owners often want to take advantage of the panache and elegance that American consumers typically associate with foreign locations. In order to maintain the commercial impression of a particular brand with a foreign manufacturer, brand owners often create a new composite mark that combines their brand with a geographic designation such as "Milan", "Paris" or "London". These geographic references may help establish consumer association for the brand and may help distinguish the brand from third party marks.

James Nurton, London

The Verified Rights Owner Programme (VeRO) is eBay's attempt to win over disgruntled rights owners. It provides them with an alternative to suing eBay when they find allegedly infringing goods offered for sale or auction on its site. Participants in the VeRO programme instead send eBay a Notice of Infringement form, specifying the allegedly infringing listing and identifying the trade mark, copyright, patent or registered design right which is said to be infringed. eBay will then remove the offending listing. So far so good for the rights owners. Unfortunately for them however a recent decision has held that such Notices of Infringement can constitute groundless threats of infringement. This can leave rights owners open to injunction applications to restrain such threats and claims for damages. Rights owners should therefore think carefully before making use of the VeRO programme.

It is not sufficient only to register a trade mark in Turkey but also use it in the Turkish market.

Russia is becoming an attractive market niche for many a businessman. Some build factories and plants, others register trade marks and grant licences. The more wary begin their penetration into the Russian market by testing the waters and simply appoint agents to sell their products. But we live in a balanced world: if you save on the one side you inevitably lose on the other.

The Commercial Court of Lisbon, the main Portuguese court dealing with patent matters, has recently handed down a decision, backed up after appeal by the Appeal Court of Lisbon, that is a serious warning about the quality of translations filed for the validation of European patents as a literal interpretation of bad translated claims can affect the scope of the protection.