The Trademarks Law Review: Editors' Preface
This is the fifth edition of The Trademarks Law Review. Although the world has changed significantly since the release of last year's edition, the key objectives of this publication remain the same: (1) providing practitioners with a snapshot capturing the current state of trademark law and its key provisions across the world; (2) analysing recent litigation for insight into trends and developments in the law; and (3) making informed forecasts of legal and legislative changes affecting trademark practice.
As with previous editions, we brought together leading trademark practitioners to prepare chapters reflecting the state of trademark law in their respective jurisdictions. We kept the general structure of each chapter consistent to facilitate comparison between each country's laws. This text does not, and is not intended to, provide a granular analysis of the world's trademark laws or the constellation of cases that have developed across these laws in the past year. Rather, we hope this text will serve as a reference tool for practitioners' real-world use, providing a working survey of the global trademark landscape and insights into some of the particularities of the covered jurisdictions.
The changes affecting our world and its citizens have naturally impacted trademark law and practice around the globe. The persistent covid-19 pandemic hampers a return to traditional in-person commerce, and natural and human-made disasters continue to disrupt communities. The sheer unpredictability of the past year has kept many of us at home, interacting with the world through computer screens and forcing many aspects of our lives into an increasingly digital space.
Yet, trade is resilient. And where there is trade, there are trademarks. Most courts and other IP tribunals around the world have switched successfully to remote proceedings, and many IP offices have been able to resume trademark examination and processing at pre-pandemic speeds (which is not to deny that significant backlogs often remain). New case law continues to blossom in the digital space that trademark practice increasingly occupies, resulting in significant developments in the fields of online advertising and e-commerce. With an explosion of online shopping came new demand for participants in global trade systems to re-examine and refine their trademark strategies, including for cross-national licensing relationships, anti-counterfeiting measures, and development and expansion of online retail businesses.
Our authors have gathered for their respective chapters the most germane examples of legal developments in our shared new world. We hope that readers will consult this new edition regularly, and that its comprehensive yet accessible presentation will provide a convenient guide to contemporary global trademark law.
David R Eberhart and Andrew M Levad
O'Melveny & Myers LLP