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As a company begins to develop its brand and create goodwill, it is often faced with a problem known as reverse confusion. Reverse confusion occurs when a junior user (often a bigger company) subsequently adopts a mark that is confusingly similar to that of the senior user (often a smaller entity) and engages in such extensive advertising and promotion that it overwhelms the senior user's reputation. The result is that consumers are led to believe mistakenly that the goods of the senior user originate with the junior user. This can be particularly problematic when the junior user is much larger, such that consumers believe that the senior user copied the junior user even though the senior user was the first to use the mark.

In Korea, an employee has the right to obtain reasonable remuneration for a work-for-hire invention when he or she transfers a patent right or the right to obtain a patent, or grants an exclusive licence to the employer in accordance with a contract or service regulation. The employer's expected profit from the work-for-hire invention is considered when determining the reasonable remuneration. A recent Supreme Court opinion provides insight on whether an assignee's expected profit, in addition to an assignor's expected profit, should be considered when determining the remuneration if both the patent for the work-for-hire invention and the relevant business are transferred from the assignor to the assignee.

The US Chamber of Commerce has launched a Rogue Site of the Week project to highlight the harm caused by websites selling counterfeit goods and pirated content

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449 diary@managingip.com

In two judgments by the General Court of the EU handed down today, the word Olymp was ruled to be too similar to Olimpo to be registered as a Community trade mark

With ICANN’s planned launch of new gTLDs imminent, brand owners may want to assess how their brands are perceived in the marketplace, said panelists at a recent conference

The firms behind letters accusing thousands of individuals of copyright infringement have folded, but proceedings involving 27 people are stayed for now

USPTO director David Kappos has chosen Baxter International chief IP counsel James Donald Smith to serve as the new chief administrative patent judge of the Board of Patent Appeals and Interferences.

Panellists at the Licensing Executives Society spring meeting in New York yesterday discussed life after the Federal Circuit’s Uniloc decision, which rejected the 25% rule for calculating patent damages

RPX is reportedly considering a bid for Nortel’s 6,000 patents covering various wireless, digital communication and semiconductor technologies.