The traditional route of conducting trademark litigation before the English High Court can be an expensive exercise, involving a significant amount of resource from internal and external lawyers, as well as third-party agencies such as survey companies. In addition to a party’s own costs, there is the potential financial risk from the High Court rules, which dictate that the ‘loser pays the winner’s costs’. While the High Court is undoubtedly an excellent forum for many disputes, these factors have in the past deterred some trademark owners from protecting the investment in their brands by seeking to enforce their rights in the UK. But times are changing. The recently reformed Patents County Court, which aims to provide a relatively quick and lower-cost forum for smaller IP cases, now represents an attractive alternative for some brand owners. Mediation has also been under the spotlight, with the recent implementation of the European Mediation Directive.

The International Who’s Who of Trademark Lawyers has brought together four of the leading practitioners in the world to discuss key issues facing lawyers today

New Zealand is preparing itself to host the Rugby World Cup in 2011 (RWC 2011). As with all major events, ambush marketing and counterfeiting are issues for official sponsors and brand owners to contend with. These issues are discussed below, followed by an update on New Zealand’s trademarks legislation and the move to “green” branding.

When it comes to trademarks, the eminent judges of the Court of Justice of the European Union (CJEU) – the ultimate arbiters of trademark law in the European Union – must sometimes feel like students trying repeatedly to pass ever-trickier examinations set for them by English judges, and yet never pleasing their examiners.

The European Commission, acting under the direction of the Council of Ministers, is currently engaged in a detailed study of the Community Trade Mark (CTM). The Max Planck Institute (MPI) in Munich, Germany, has been retained by the Commission to consider a broad range of subjects affecting the Community Trade Mark system and to report to the Commission.

In this section we anlayse the findings of our research in greater depth to identify the firms and practitioners who stand out worldwide.

With the benefit of over 14 years of research and tens of thousands of votes from clients and private practitioners, Who’s Who Legal takes a closer look at developing trends in the trademark legal marketplace worldwide.

We identify 572 of the best trademark lawyers across 70 jurisdictions. The most highly regarded individuals and leaders in the field are highlighted here.

Recent high-profile cases such as L’Oréal v Bellure and Daimler v Sany and the litigation over the right of Google’s Adwords to use trademarks as keywords in searches prove that trademark holders are still willing to protect marks and bring infringement cases despite the current economic climate.

Who's Who Legal takes a closer look at the issues facing trademark lawyers.

Several firms are represented in multiple jurisdictions. Bird & Bird LLP fields an impressive 12 practitioners in eight jurisdictions across Europe and Asia.

Despite the tough economic environment, which has resulted in a string of law firm mergers and department lateral hires, California trademarks firms are performing well. Our interviewees put this down to the continuing buoyancy of the IP market, especially in the areas of internet and medical trademarks work. An increase in activity is also noted in the IP fraud area - lawyers are increasingly busy working out strategies to avoid litigation in this area, according to sources. Forty-nine lawyers appear in this chapter, making it one of the largest in the edition - another indication of the continuing demand for IP counsel.

The vigorous Texas trademarks Bar contains full service and boutique firms in equal measure.

Trademarks have become global currency, and defending a brand's distinctiveness has never been more important in an increasingly globalised, homogeneous marketplace.

Despite possessing a relatively small IP bar, Florida’s trademarks lawyers are very highly regarded by their peers inside and outside the state. Specialist firms shine in our research, constituting the majority of the outfits included.