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FENIX LEGAL AT ICANN63
The Internet Corporation for Assigned Names and Numbers (ICANN) held its 63rd public meeting in Barcelona, Spain, October 20 – 25, 2018.
It was not only ICANN’s Annual General meeting, but also its 20 Years Anniversary. ICANN was formed and incorporated in California on September 30, 1998.
Fenix Legal participated in several working groups and discussions, such as:
The Review of all Rights Protection Mechanisms (RPMs) in all gTLDs PDP Working Group, that is now preparing questions for public comments on the Uniform Rapid Suspension System (URS).
Another intensive topic was on the European General Data Protection Regulation (GDPR), that come into effect on May 25, 2018, and its impact on WHOIS Data Access. ICANN adopted on May 17, 2018 a “Temporary Specification” for gTLD Registration Data, in order to allow ICANN and gTLD registry operators and registrars to continue to comply with existing ICANN contractual requirements and community-developed policies in light of the GDPR. Users with a “legitimate and proportionate purpose” for accessing the non-public Personal Data are able to request such access through Registrars and Registry Operators. Users also maintain the ability to contact the Registrant or Administrative and Technical contacts through an anonymized email or web form. The problem is however how to identify “legitimate and proportionate purpose”. In many infringement cases so far, registry operators and registrars have refused to inform of the identification of the domain holder. An ICANN GDPR and WHOIS Users Survey, presented October 2018, shows that: When requesting reveal of redacted data, 79% had either been denied requests for access out-of-hand (51%), or they had been asked to obtain a court order (28%).
A possible solution is that ICANN adopt a policy developed through ICANN multistakeholder processes, governing (a) who would have access to personal data in WHOIS records; (b) the purposes for which such access would be permitted; (c) jurisdictional concerns/controls; and (d) the safeguards applicable to such access. Upon receipt of a properly verified access request, ICANN would arrange for responsive data to be made available to the relevant third party for specified uses consistent with applicable data protection laws, including GDPR, and the policy/code/rules, through a mechanism to be determined.
Stockholm – the Capital of Scandinavia®
Names of cities around the world are working well as trademarks for the cities and related regions/countries.
Helsinki, Finland, is using a number of different colourful symbols, instead of a traditional trademark as “an image of Helsinki is created wherever people experience the city”. Oslo, Norway, has created the “Oslo Brand Toolbox”, with general guidelines on how to market Oslo, with the position identified as “Oslo – the young, pioneering city”. However, the city trademark that indeed is the most well-known and discussed in international media is “Stockholm – the Capital of Scandinavia”
Read the full article, published in the Trademark Lawyer, Issue 3, 2018, written by Petter Rindforth, Head of Trademark & Legal Department of Fenix Legal:
IKEA – A trademark you love or hate
(with a smile)
IKEA, the Swedish trademark for ready-to-assemble furniture, founded in 1943 by the then 17 year old Mr Feodor Ingvar Kamprad, from Elmtaryd, Agunneryd, in Sweden, is ranked as No 1 in several trademark searches.
The fans of IKEA around the world points to the Scandinavian design at affordable prices, the bold modernist patterns, and blond wood aesthetics. The fact that you can eat “Swedish meatballs” in the restaurants, and buy Swedish hard cheese, crisp bread (“knäckebröd”), and pickled herring for Christmas is of course also marked as a positive detail for customers around the world – not only Scandinavians living abroad.
IKEA may have a marketing budget, as all companies, however the best marketing is in fact made by the physical consumers. Many Swedish movies and humour programs includes a scene with a person – normally a “handy” man – having difficulties to unpack a furniture from IKEA from the flat package and screw the parts together into a functional furniture. In social media around the world, the labyrinthine lay-out at the IKEA shops, the “flat-pack misery” to deal with once home, Allen keys, metal bolts, and baffling instructions are discussed, however in the majority of samples with a humoristic touch.
As the founder Ingvar Kamprad once summarized: ”Maintaining a strong IKEA culture is one of the most crucial factors behind the continued success of the IKEA Concept”.
Petter Rindforth tells the story of IKEA trademark, including trademark disputes and marketing policy in the Trademark Lawyer Annual 2019.
The New Swedish Trademark Legislation
On January 1, 2019, several important changes to the Swedish trademark law and related constitutions came into effect. Among the most important changes is that it is now possible to register trademarks that can be attached as sound files, motion pictures or multimedia files.
However, some traditional Swedish praxis will remain:
Together with the new trademark legislation, a new Company Name Act (“Lag om företagsnamn”), replacing the Trade Names Act from 1974, has come into force. The main news here is the simplified and modernised language, as well as some practical procedural additions.
The International Trademark Association (INTA), a global association of brand owners and professionals dedicated to supporting trademarks and related intellectual property to foster consumer trust, economic growth, and innovation, had its Leadership Meeting November 6-9, 2018 in New Orleans, Lousiana, USA.
Fenix Legal, represented by Petter Rindforth and Maria Zamkova, participated in sessions about Brand Communication, Virtual Reality, AI, and Mobile Applications, as well as in committee meetings: The Europe Global Advisory Council, Internet Committee, Future of IP on the Internet Subcommittee, and the Panel of Trademark Mediators.
Fenix Legal & Maria Zamkova:
Among the The World’s Leading Patent Professionals 2018
IAM Patent 1000: The World’s Leading Patent Professionals 2018, a unique guide that identifies the top patent professionals in key jurisdictions around the globe, is now published. The extensive research process for this guide was conducted over several months by a team of full-time analysts, and involved more than 1,700 interviews with patent specialists across the globe.
Both Fenix Legal KB (as firm) and Maria Zamkova (as individual) are recognized and listed.
As explained by Nicholas Richardson, research editor for the IAM Patent 1000: “In the world of commerce, patents have become pivotal in driving corporate value and profitability…IAM Patent 1000 is pinpointing the best of the best in prosecution, litigation and licensing".
As you know, we use the European TLD .EU when we communicate with you. If you want to know why, look here at EURid’s – The European Registry of Internet Domain Names movie on Fenix LegalMAGINE
Fenix Legal KB
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