IP and Entertainment Law Committee of the International Bar Association Session, IBA Annual Conference

“Trademark bad faith applications: famous and ‘almost famous’ trademarks under attack!” – Moderator

October 9th, 2013 – Boston, U.S.A

Mr. Wilson was a moderator for the session titled – “Trademark bad faith applications: famous and ‘almost famous’ trademarks under attack!” This session focused on different jurisdictions in Europe, the Americas and Asia and attempted to find answers to the question: ‘How famous is famous?’

The presenters discussed the latest cases involving famous trademarks, the scope of protection for ‘famous’ trademarks and the impact of social media and cross-border use on territorial recognition of famous trademarks. In addition, the session addressed the evidence required in their jurisdictions to prove the existence of a ‘famous’ trademark such as use of polls, etc.

The session also focused on how to define and fight abusive registration of famous trademarks in various jurisdictions. The discussions took into account the WIPO joint recommendation on the issue. Key speakers who joined Mr. Wilson in his panel included in-house counsel from Harley-Davidson, Fox International Channels, WIPO and lawyers from various leading law firms.