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In the world of trademarks, few things have driven Corporate Counsel and IP Attorneys crazier than China’s bad faith trademark epidemic. Filers seek to extract money for the transfer of marks (trademark squatting) or piggyback off the reputation of established brands.  Whatever t…

The Vienna Agreement was concluded in Vienna in 1973 and amended in 1985. It establishes a classification (the Vienna Classification) for marks that consist of, or contain, figurative elements. It is administered by the World Intellectual Property Organization (WIPO).

On June 17, 2019, major amendments to Canada’s Trademarks Act (R.S.C., 1985, c. T-13) came into force. The amendments updated trademark regulations and brought Canada’s laws into line with the Madrid Protocol, the Nice Agreement and the Singapore Agreement (Treaties).  

Did you know that works subject to copyright protection can theoretically also be used as trademark signs? In most countries artistic work, a title of a book, or even a character name, can be used as a trademark - unless it falls under the provision of “descriptiveness and distin…

In February 2019, USPTO issued a warning to attorneys to beware of any foreign solicitation which offers to pay to use their information to file trademarks. The statement read:

  Michael Jordan retired from basketball in 2003. That’s 16 years ago. However, thanks to the ‘Jordan’ brand operated by Nike, he still earns around $100 million a year. Football legend David Beckham left the sport in 2013, but somehow, I don’t think he is relying on a British go…

Walt Disney has faced uproar in parts of Africa for trademarking “hakuna matata”, a Swahili phrase meaning “no worries”. It has owned the trademark since 1994; however, as we shall see, the conversation on cultural appropriation has developed significantly in the last 20-odd year…

In saturated markets, many brands have to push the boundaries to be heard above the cacophony of marketing noise. Kmart’s ‘ship my pants’ and Kraft’s ‘get your chef together’ are genius examples of how using risqué wordplay can create catchy advertisements and brand awareness. Bu…

Michael A. Einhorn is an economic consultant and expert witness in the areas of intellectual property, media, entertainment, and technology. He received a B.A. from Dartmouth College and a Ph. D. in economics from Yale University, and is a former professor of economics at Rutgers…

The 4 Horsemen of the Brandpocalypse It was late on Halloween evening And the office had quietened down. A lone trademark attorney Sat at his desk and frowned.