Does it really take two to TANGO?
By Linh Nguyen Trademarks, protected by intellectual property (IP) rights, either in the form of registration or recognition through use, must be a distinct sign as it plays a major role in making each enterprise’s product/services distinguishable from other enterprises’ products/services. Failing which, jurisdictions with a trademark registration system usually allow third parties to challenge […]
Marijuana & IP: Still HIGHly Controversial?
By Georgina Scott In 2020, the global cannabis market was estimated to be worth USD20.5 billion. By 2026, this number is expected to grow to USD90.4 billion. The rapid growth of this industry can be largely attributed to the increased legalisation of cannabis across the globe, cannabis’ increased use for medical purposes, and shifting social […]
Is “Fair Use” Stretched Too Far at Times?
In the simplest of terms, “fair use” refers to the defence against any claim of copying of a copyrighted or trademarked material for a limited and “transformative” purposes, such as to comment upon, to criticize, or for parody purposes. Key Takeaways Fair Use Legal Test – U.S. courts apply the four-factor test from Campbell v. […]
Why Logo Design Is Crucial To Business Success
The Importance of Logo Design and Trademark Protection for Your Business By Jamieson McKinnon A logo is an important aspect of a business’s makeup, and plays a critical role in promoting public recognition and visual awareness of a company. Whilst designing a logo may not initially be a top priority, it is a vital tool […]
[Vietnam Update] Register or Risk Losing Your IP Assets
By Linh Nguyen Recently, the registrations of the mark “ST25” for rice and rice-related products by four US companies in California before the United States Patent and Trademark Office (USPTO) made headlines in Vietnamese media attracting the attention and concern of a large number of Vietnamese Key Takeaways Background – ST25 is a Vietnamese rice […]
Domain Name Dispute in Indonesia: “Bad Faith” in the Case of Aktiebolaget Electrolux
By Ronald E. M. The rapidly growing field of Information Technology (IT) has made the conduct of business convenient in various ways. One everyday example is enabling the ownership of specific domain names as an address for websites, which has become a key digital strategy for companies to provide detailed information of their products and/or […]
A 2020 Snapshot of Industrial Property Registrations in Vietnam
By Linh Nguyen The year 2020 was an incredibly challenging year with changes in every aspect of economy and society caused by the COVID-19 pandemic. However, despite the downturn in the global economy, Vietnam’s economic growth increased by 2.91% thanks to the Vietnamese government’s development policies and effective anti-epidemic measures. Similarly, according to the 2020 […]
Cool Influencers vs Cruel Infringers: Do KOLs have IP Rights?
By Kaarthic Balakrishnan I still remember the day I told my mom that my friends and I were going to shoot a short film and upload it on YouTube. It roughly sounded like “Ma, I am going to be a YouTube actor”, which got me a nice walloping. You might think this happened a […]
Are Mobile App Icons Considered Trademarks?
By Vico Ling In a sea of mobile apps with multiple uses and functions, the app icon is the first visual cue that an app offers in the app store listing. It plays a key role in setting an app apart from its many rivals. The icon harnesses the association of brand identity and recognition […]
Don’t Be in the Dark about Bad Faith Trademarks!
By Linh Nguyen Bad faith trademark filings have become prevalent in jurisdictions worldwide, including Vietnam. While neither the definition of “bad faith” nor the criteria for determining it is specified in the prevailing Vietnamese IP Law and its provisions, it is generally seen as an act of dishonesty with the intention of free-riding on the […]