NEWS
17
03
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
1. Statement of the EDPB Chair on the processing of personal data in the context of the COVID-19 outbreak
2. EPO and EUIPO extend deadlines in response to COVID-19 pandemic- http://ipkitten.blogspot.com/2020/03/breaking-epo-and-euipo-extend-all.html
- https://euipo.europa.eu/ohimportal/it/news?p_p_id=csnews_WAR_csnewsportlet&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_count=2&journalId=5644669&journalRelatedId=manual/
3. Italian Patents and Trademarks Office (UIBM). Terms suspension until April 3rd
4. Commission Implementing Regulation (EU) 2020/395 of 6 March 2020 entering a name in the register of traditional specialities guaranteed ‘Amatriciana Tradizionale’ (TSG)
5. How the biggest names in luxury fashion are funding the fight against the coronavirus pandemic
6. Broadcom blames Netflix for harming cable TV industry in patent suit
7. Are Steve Madden’s New Star-Emblazoned Sneakers Going to Get the Brand Sued by Golden Goose?
8. Nintendo wins PTAB dispute over Switch infringement
- https://www.intellectualpropertymagazine.com/patent/nintendo-wins-ptab-dispute-over-switch-infringement-140126.htm
- https://www.worldipreview.com/news/broadcom-blames-netflix-for-harming-cable-industry-in-patent-suit-19445
9. Class 9 applications skyrocket due to expansion – and domination – of the tech industry
10. Italian Guardia di Finanza seized 36 sales offers on Amazon and E-bay e-commerce portals for products related to epidemic prevention, masks and gel disinfectants
09
03
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Reflections on IP exclusivity in the wake of the Corona virus outbreak
- Check, contain, postpone – IP offices implement measures in wake of coronavirus crisis
- A growing number of brands are placing increased emphasis on slightly less traditional trademarks, such as color
- Researchers find that dark web remains problematic channel for brand fraud and counterfeit goods
- Why the Italian government’s draft bill on ambush marketing does not go far enough
- RCDs in focus – New research from the EUIPO shows that Registered Community Design (RCD) filings increased by 32% between 2010 and 2019, with an average annual growth rate of 3.5%.
- 10 Years After Tiffany v. eBay, A New Bill Aiming to Hold Online Platforms Liable for Counterfeits is Introduced in the US
- Most TikTok influencers at risk of brand infringement; urged to consider trademark protection
- The draft Common Practice documents of the EUIPO project CP11 “New Types of Trade Mark – Examination of formal requirements and grounds for refusal and invalidity” have been made available in English for comments.
- EU officials arrest 165 in counterfeit drug operation
05
03
20
The Italian Government's measures to protect the 2026 Milano Cortina Olympic Games and the ATP Turin Finals’ intangible assets.
For the upcoming Olympic Winter Games which will be hosted in Italy in 2026, the Italian Government has recently issued a draft proposal relating to the measures necessary for “the organization and management of the XXV Olympic Winter Games and the XIV Paralympic Winter Games 'Milano Cortina 2026' and for the organization and management of the 'ATP Turin 2021-2025 Finals'".
Considering the crucial role of distinctive signs for the organization and promotion of the Olympic Games, the Italian Government sets out several provisions dedicated to their protection.
In particular, Article 9 defines as Olympic properties the Olympic symbol, the flag, the motto, the emblems, the anthem, the identifying expressions of the Games, the designations, and the flames. The use of said Olympic properties will be expressly reserved to the International Olympic Committee (the “IOC”), the other organizing Olympic bodies, and to the entities that may be authorized to such purpose by the IOC itself.
In addition, Article 9 introduces an absolute impediment to the registration as trademark of:
- the Olympic symbol;
- any sign that includes words or references to the Olympic symbol, the Olympic Games or the relating events, which may create a link between the organization of the Olympic Games.
The impediment also refers to the words “Olympic” and “Olympics” in any language and form, as well as the combination of “Milano Cortina” and the year 2026.
The impediment will cease to have effect only as of 31 December 2026.
Article 10 provides that the same rules and impediments will apply in connection with the 2026 Paralympic Games and the symbol “Agitos”, which has represented the Paralympic Games since the Games of Athens in 2003.
Finally, additional provisions are aimed specifically at hindering the practice of ambush marketing in connection with high-profile sports events.
In this regard, Article 18 expressly prohibits ambush marketing in connection with national as well as international sports or trade fair events. The provision bars all ads that might generate confusion in the consumer on the identity of the events’ official sponsors, or an improper link between the company and the sports event. In particular, the draft currently identifies as ambush marketing:
- the creation of an indirect link between a trademark, or any other distinctive sign, and a national or international sports or trade fair event in order to mislead the consumer on the identity of the official sponsors;
- falsely stating that a company is an official sponsor of a national or international sports or trade fair event;
- promoting a trademark, or any other distinctive sign, in any manner that might generate a misconception on the company’s role as official sponsor of a national or international sports or trade fair event;
- selling and advertising of products or services unlawfully distinguished by a trademark or a logo that is connected to a national or international sports or trade fair event.
These latter provisions will also apply in connection with the ATP Finals, which will be hosted in Turin, Italy, from 2021 to 2025.
It looks like this draft proposal will be adopted in the form of a law decree for the urgent nature of the interests at stake; therefore the provisions described above will likely come into force in the near future, providing an effective protection to the distinctive signs associated with the Olympic Games, their image and commercial exploitation.
03
03
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- The Impact of Overturning eBay v. MercExchange - https://www.ipwatchdog.com/2020/03/02/impact-overturning-ebay-v-mercexchange/id=119455/;
- Musician Creates Algorithm To End Music Copyright Lawsuits - https://screenrant.com/music-copyright-lawsuit-algorithm/;
- The Fragile Nature of Trade Secrets: Clues from the Courts on How to Keep Them - https://www.ipwatchdog.com/2020/03/01/fragile-nature-trade-secrets-clues-courts-keep/id=119391/;
- UK: Counterfeit Goods And Piracy In The United Kingdom - http://www.mondaq.com/uk/Intellectual-Property/899758/Counterfeit-Goods-And-Piracy-In-The-United-Kingdom;
- Charter Challenges Copyright Registrations of Music Recordings - https://www.hollywoodreporter.com/thr-esq/charter-challenges-copyright-registration-music-recordings-1282216;
- China theft of technology is biggest law enforcement threat to US, FBI says - https://www.theguardian.com/world/2020/feb/06/china-technology-theft-fbi-biggest-threat;
- France: Bad Faith Registration Cannot Be Proved Retrospectively - https://www.mondaq.com/france/Intellectual-Property/899284/Bad-Faith-Registration-Cannot-Be-Proved-Retrospectively;
- Comedian changes name to Hugo Boss to protest brand's treatment of small businesses -https://edition.cnn.com/2020/03/02/uk/joe-lycett-hugo-boss-protest-intl-scli-gbr/index.html;
- Heat Biologics (HTBX) Stock Soars On Coronavirus Patent Application - https://alphastocknews.com/heat-biologics-htbx-stock-soars-on-coronavirus-patent-application/2682/;
- Christian Louboutin Scores a Win in the Battle Over Its Red Sole Design in China - https://footwearnews.com/2020/business/legal-news/christian-louboutin-red-sole-trademark-case-china-1202936418/;
24
02
20
2019 EU COMMISSION REPORT ON IPR PROTECTION FRAMEWORK IN THIRD COUNTRIES SUMMARY
During the past weeks, the European Commission has released its biannual report on the state of IPR protection in third countries. The scope of this document is to provide European businesses and stakeholders with a general view of the legal and administrative IP framework in countries outside of the Union, to strengthen the co-operation with said countries and to promote innovation in IP protection and enforcement systems.
Today, it has been fully acknowledged the key role of IPRs in economic growth and, conversely, the severely negative effects of weak IP protection and enforcement measures. According to a 2019 joint study between the EUIPO and EPO, it has been confirmed that IPR-intensive industries generated, between 2014 and 2016, 38.9% of all European jobs and contributed to 45% of the EU GDP.
IP infringement and sale of counterfeit goods are still critical issues: it has been estimated that, between 2013 and 2016, the share of counterfeit and pirated goods in world trade increased by up to 10.4% and in the EU market by up to 42.3%. Moreover, the plague of counterfeit goods does not just affect business revenues but the job market as well: it is estimated that, between 2012 and 2016, IPR infringement was the direct cause of loss of 335.053 jobs within the clothing industry. In addition, the Commission has confirmed the rise of the “small consignments” trend: in addition to complex trading routes and the exploitation of several, strategic transit points, infringers increasingly avoid detection and minimise potential sanctions/fines by shipping massive quantities of small parcels.
The European report currently presented has been drafted based on the public consultation of many different entities, including right-holders, consumer groups, universities, EU Delegations and EU Member States. In addition, the Commission has collected data from available reports provided by governmental bodies, relevant IPR agencies and organizations (i.e. OECD) and many other sources.
Furthermore, in accordance with the structure established during the past years, the report gathers specific countries under three “priority groups”, based on their influence within the global market and the severe level of inadequacy of their IPR protection and enforcement framework.
The Commission has highlighted that most of the countries from the three priority groups share the following issues:
- Forced technology transfer practices and vague/arbitrary criteria for the concession of compulsory licensees;
- Lack of authority of the Customs agencies to initiate ex officio actions;
- Counterfeit goods are not destroyed and/or the procedure is too long/expensive;
- Considerable backlog of the IP Offices in patents, trademarks, etc. registrations and related procedures;
Despite its consistent efforts to reform its IPR administrative bodies, to update its IP legislation and even the creation of specialized IP Courts in Beijing, Shanghai and Guangzhou, Priority 1 continues to feature only China, in consideration of its worldwide role as the main source of counterfeit/pirated goods: according to a 2018 European Commission’s report and a 2019 EUIPO-OECD report, China and Hong Kong have been identified as the source of counterfeit goods in 80% of the EU customs seizures. Chinese patent applications keep being prioritized and granted, at the expense of foreign/European companies seeking protection, and Chinese companies persevere in using patented foreign technologies, without paying adequate royalties or facing effective sanctions. Furthermore, stakeholders frequently complain about being systematically required to disclose trade secrets/proprietary technologies, in order to get access to the Chinese market, with little and/or un-effective IP administrative protection.
The Commission has reported that the most common issues among the countries from Priority 2 and 3 are the following:
- Restrictive or vague patentability criteria and enforcement difficulties;
- Vague/broad criteria for compulsory licence concession;
- Lack of efficient practices, dedicate training, resources and dissuasive sanction in IPR enforcement;
- Lack of an effective protection system for undisclosed test and other data, generated to obtain marketing approval for pharmaceutical products;
Priority 2 includes India, Indonesia, Russia, Turkey and Ukraine. In the past two years, India turned out to be the country to improve the most from this group: in 2018 and 2019, it acceded to the WIPO Copyright Treaty, the WIPO Performances/Phonograms Treaty, the Nice Agreement on TM International Classification of Goods and Services and introduced beneficial changes for patent protection.
On a different note, the report highlights some concerning developments in Russia and Turkey: Russia currently faces a wave of organised crime groups, mainly targeting Western countries with counterfeit medicines; in 2017, the Turkish Industrial Property Code adopted the international exhaustion principle, thus liberalizing parallel imports.
Priority 3 includes Argentina, Brazil, Ecuador, Malaysia, Nigeria, Saudi Arabia and Thailand. In the past two years, Nigeria has gone to great lengths to protect and enforce IPRs: in 2017, the country acceded to 4 major international IP agreements (i.e. WIPO Copyright Treaty) and it has obtained remarkable results in the war against counterfeit medicines in West Africa (from 2001 to 2006, the share of counterfeit drugs dropped from 41% to 16%). Nigeria, however, still holds a prominent role in the global trade as a transit point for counterfeit electronic and electrical goods coming from China.
In conclusion, the report clearly shows that, over-all, the goal is still far ahead for these countries, but at the same time, through their efforts and consistent exchanges with the EU Commission, the latest results confirm a steady growth and a strong will to pursue a fair and proficient relationship with the European stakeholders.
17
02
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Searching industrial designs: how AI is changing the game
- INTA calls off Singapore meeting, relocates to US
- Space Force, Star Trek, and Strange New Worlds of Trademark Infringement
- Brooks Sports and Brooks Brothers Peacefully Co-Existed for 4 Decades. Now They're at War
- Motorola Solutions secures $765m verdict in trade secrets suit
- From Resale Watches to Versace Prints: 4 (More) Lawsuits that Stand to Impact the Fashion Industry
- United States: Supreme Court Set To Hear Copyright Arguments In "Google v. Oracle"
- What is the (Copyright) Law When it Comes to Street Style Photography?
- Five Royal Trademark Lessons from the Duke and Duchess of Sussex
- Disney’s Pixar is being sued by a San Francisco tattoo artist who says her designs for a unicorn-emblazoned van in the upcoming animated movie ‘Onward’ were stolen
10
02
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Stronger protection for figleaf trade marks in Italy
- INTA CEO responds to fears over coronavirus impact on 2020 Annual Meeting
- AG’s preliminary findings point to no Brompton bike infringement
- https://www.worldipreview.com/news/ags-preliminary-findings-point-to-no-brompton-bike-infringement-19295;
- For the full AG’s Opinion: http://curia.europa.eu/juris/documents.jsf?oqp=&for=&mat=or&lgrec=en&jge=&td=%3BALL&jur=C%2CT%2CF&num=C833%252F18&page=1&dates=&pcs=Oor&lg=&pro=&nat=or&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&language=en&avg=&cid=5239406.
- Corona beer or Coronavirus? How a brand should handle potentially damaging mix-ups
For a different perspective on the matter:
- https://www.wsj.com/articles/yourcorona-is-safe-from-coronavirusesno-need-to-add-disinfectant-11580908288;
- https://www.businessinsider.com/coronabeer-virus-wuhan-no-link-trusts-customers-2020-1?IR=T.
- RETRO READ: How Difficult is it to Claim a Color as Your Trademark?
- Sussex Royal trademark challenged: Prince Harry and Meghan Markle face legal battle after receiving threat of opposition
- https://www.worldtrademarkreview.com/brand-management/sussex-royal-trademark-challenged-prince-harry-and-meghan-markle-face-legal;
- For a different angle on the story, and on the importance of reporting accurately – and with competence and expertise –: https://www.worldtrademarkreview.com/brandmanagement/not-blocked-meghan-harry-and-tale-trademark-misreporting.
- Huawei sues Verizon over comms patent infringements
- https://www.worldipreview.com/news/huaweisues-verizon-over-comms-patent-infringements-19290;
- https://edition.cnn.com/2020/02/06/business/huaweiverizon-lawsuit-trnd/index.html.
- Keep calm and shake mayonnaise
- https://sistemaproprietaintellettuale.it/45angolo-del-professionista/17557-keep-calm-and-shake-mayonnaise.html (only available in Italian).
- H&M triumphs in Adidas stripe dispute after 23 years
- https://www.worldipreview.com/news/hm-triumphs-in-23-year-long-adidas-stripe-dispute-19257;
- https://www.thefashionlaw.com/home/hampmprevails-in-latest-round-in-nearly-25-year-long-fight-against-adidas-over-stripes.
- Operation “Dioniso” – huge wine operation for the Italian Guardia di Finanza
- https://siac.gdf.gov.it/notizie/Pagine/Pavia22.01.2020.aspx (only available in Italian).
03
02
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
1. San Francisco artist sues Disney for copying her ‘tremendously cool’ painted van in Pixar film
2. Impact of the UK’s withdrawal from the EU – EUTMs and RCDs: updated information
3. Brand owners breathe a sky of relief following SkyKick judgment
4. Pharma patent agreements ‘contrary’ to EU competition law
5. Italian “Garante della Privacy” has imposed on Tim S.p.A. a fine of 27.802.946 euros
6. Following a Flurry of Trademark Squabbles, Helly Hansen and Off-White to Settle Stripes Suit
7. Massive spike in Super Bowl counterfeit seizures
8. GuestPost: Natural persons have a monopoly on inventiveness - fact or legal fiction?
9. Tate Modern’s Angry Neighbors Are Not Giving Up Their Fight Against Museum Visitors Peeping Into Their Apartments
10. Italian Guardia di Finanza’s Lapis Operation
27
01
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Lego has won a substantial Chinese copyright judgement after a court upheld all of the first-instance rulings on 18 existing infringement claims, originally handed down in favour of the Danish toymaker against a Chinese rival’s ‘Lepin’ trademark.
https://www.worldipreview.com/news/lego-claims-final-ip-victory-over-lepin-in-china-19147
- Bruce Munro, an internationally-acclaimed British light artist sues Florida-based botanic garden for copying exhibitions of his work previously featured at the Eden Project and other locations.
- Apple applied for a patent on a desktop Mac design, which radically changes the shape of one of the company’s iconic devices. However, it is too early to conclude that the next iMac will receive just such a design since Apple annually submits a large number of patent applications.
https://www.inceptivemind.com/apple-patent-new-imac-design-curved-glass/11558/
- Amazon has recently been awarded a patent which details how robots might one day make multiple deliveries to our front doors, and pick up items for return, too.
- Brands’ concern over post-Brexit protection revealed in report. Almost half of UK and European businesses expect to change their brand protection strategies after the UK leaves the EU, 31% don’t know how they’ll register trademarks.
http://www.hgf.com/media/1750302/Brand-Protection-Beyond-Brexit-A-survey-by-HGF.pdf
-
Ahead of 1 February 2020, the day on which the UK will leave the EU in accordance with the Withdrawal Agreement concluded between the EU and the UK, EUIPO clarifies that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the EUTM and RCD Regulations and their implementing instruments.
- Alibaba Group’s IPRs-protection efforts resulted in 1,045 IP-related leads being passed to law enforcement in 2019, and the closure of 2,029 facilities involved in the manufacturing and distribution of illicit goods.
- Tiffany & CO, Camel, Paramount Pictures, Gillette: centurial anniversaries of trademarks that have remained valid over the past 100 years.
https://www.trademarknow.com/blog/100-year-old-trademarks-in-2020
- The Commerce Department and Intellectual Property Office of Malta (CD-IPRD) is now part of the Common Harmonised Database on Product Indications (HDBPI) in DesignClass.
- Operazione Dioniso. Contraffazione di indicazioni geografiche o denominazioni di origine di prodotti agroalimentari (DOC e IGP): scoperto sofisticato sistema di alterazione del vino e frode fiscale.
https://siac.gdf.gov.it/notizie/Pagine/Pavia-22.01.2020.aspx
22
01
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Google v. Oracle: An Expansive Fair Use Defense Deters Investment in Original Content
- Disney is hunting down the most popular Baby Yoda toys on Etsy
- Ariana Grande Hit with Copyright Suit Over ‘7 Rings’
- How to Help Data Scientists Overcome Their Patent Doubts
- Who Owns the Copyright in an AI Invention?
- A Tool That Removes Copyrighted Works Is Not a Substitute for Fair Use
- Keeping digitised works in the public domain: how the copyright directive makes it a reality
- Copying By Competitors Is Evidence Of Nonobviousness Of An Invention
- Google not liable over ‘hotlinked’ image, rules English court
- Taking the measure of the prior art (T 1943/15)
- http://ipkitten.blogspot.com/2020/01/taking-measure-of-prior-art-t-194315.html;
16
01
20
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Harry and Meghan seek global trademark for 'Sussex Royal' brand:
- Microsoft Wins a Patent for an Environmentally Friendly Ocean Floor Artificial Reef Datacenter:
- Fitbit and Garmin are under federal investigation for alleged patent violations:
- Porsche's Latest Patent Is Unlike Anything Else:
- Fashion Nova Responds to Versace Lawsuit with 32 Defenses, 2 Counterclaims and a Vow to Fight:
- Supreme Claims its Alleged Infringement of Another Company's Copyright-Protected Camo Print is "Fair Use":
- Tiffany & Co. and Costco's 7-Year Long Fight Over "Counterfeit" Rings Is One to Watch in 2020:
- Miley Cyrus settles $300 million ‘We Can’t Stop’ copyright infringement lawsuit:
- Can a corporation “own” a color?:
- Sega – Registrato il trademark “Persona 5 Strikers”:
30
12
19
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Paris Court of Appeal confirms that Koons’s 'Naked' sculpture infringes copyright in 'Enfants' photograph, rejecting freedom of the arts and parody defences
- The Family of Thomas Hart Benton Is Suing a Missouri Bank for Allegedly Losing Track of 100 of His Artworks
- New EUIPO report shows the value of licensing EUTMs for SMEs
- The Most Iconic (and Patented) Toys and Games of All Time
- Tesla Files Patent for Lasers on Vehicles
- Everybody was kung fu fighting: trade mark vs image rights - who will be the last one standing?
- What Makes a Fake a Fake? A Dive Into Rolex’s Definition of a “Counterfeit” Watch
- American Airlines takes Delta to court over TM
- Trademarks in space: how to future-proof off-world brands
- Fireworks for sale on social networks
23
12
19
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- How to Deal with the Counterfeit-Goods Problem
- Russian Federation: FTO Assessments: What Rights Holders Need to Consider
- Google and Youtube Lose Copyright Infringement Battle,Liam Hemsworth Sued for Copyright Infringement,Diego Maradona Cries Foul Against Dolce and Gabbana and more
- Resale of E-Books Requires Copyright Authorization, Rules CJEU
- Diego Maradona gets £59k Dolce and Gabbana court settlement after suing them over model wearing shirt with his name on
- Italian Supreme Court Holds that Rights ‘On Patents’ and ‘To Patents’ are Different Legal Concepts
- How Vietnamese hackers are following China’s lead to steal intellectual property
- EPO refuses "AI inventor" applications in short order - AI Inventor team intend to appeal
- EU General Court considers sign referring to cannabis contrary to public policy
- How the UK leaving the EU will Affect EU Trademarks
- https://www.lotempiolaw.com/2019/12/blog2/how-uk-leaving-the-eu-will-affect-eu-trademarks/
16
12
19
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- A sign referring to marijuana may not, as the law currently stands, be registered as an EU trade mark
- https://curia.europa.eu/jcms/upload/docs/application/pdf/201912/cp190157en.pdf;
- for the full text of the decision, see: http://curia.europa.eu/juris/documents.jsf?num=T683/18;
- https://www.intellectualpropertymagazine.com/trademark/goneto-pot-cannabis-eutm-sign-rejected-138636.htm;
- https://www.worldtrademarkreview.com/brand-management/europe-not-yet-prepared-reaction-cannabis-mark-ruled-unregistrable-eu-court.
- Frozen 2 versus Christian Louboutin: could Anna’s red-soled shoes lead to a trademark dispute?
- https://www.worldtrademarkreview.com/brandmanagement/frozen-2-versus-christian-louboutin-could-annas-red-soled-shoes-lead-high;
- https://www.cinemablend.com/news/2486672/waitcould-frozen-ii-get-into-a-trademarking-dispute-over-annas-boots.
- UK General Election 2019 - possible copyright infringement, actually
- http://ipkitten.blogspot.com/2019/12/general-election-2019-possible.html;
- On another note: UK’s general election keep on making headlines for the IP sector: https://www.intellectualpropertymagazine.com/trademark/ukelection-results-rise-in-ip-disputes-predicted-138686.htm.
- CJEU rules on genuine use of collective trade marks
- http://ipkitten.blogspot.com/2019/12/cjeurules-on-genuine-use-of-collective.html;
- For the full judgment of the Court: http://curia.europa.eu/juris/document/document.jsf?text=&docid=221511&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=7334721.
- On Amazon, T-Shirts With Slogans Expose Frivolous-Trademark Feud
- Patagonia Jackets and Patagonia Beer: A Legal Fight Over a "Famous" Trademark
- Nike receives patent to tokenize shoes on Ethereum
- https://www.theblockcrypto.com/linked/49958/nikereceives-patent-to-tokenize-shoes-on-ethereum
- http://patft.uspto.gov/netacgi/nphParser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=11&f=G&l=50&co1=AND&d=PTXT&s1=nike&OS=nike&RS=nike
- “Brands Can Do Better With a Conglomerate” Behind Them: A Look at the Consolidation of the Luxury Industry
- Le "6000 sardine" ora sono un marchio registrato in Ue
- https://bologna.repubblica.it/cronaca/2019/11/22/news/sardine241631916/;
- https://euipo.europa.eu/eSearch/#details/trademarks/018156384.
- Uber’s loss of its London license a reminder of the importance of brand reputation: data analysis
03
12
19
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Copyright protection of fictional characters: is it possible? How far can it go?
- Companies Like Amazon Cannot Escape Trademark Infringement Liability Simply Because They're Not the Seller, Says CJEU Advisor
- Marc Jacobs Denies Infringement, argues that Nirvana Case is Barred by Courtney Love's Involvement
- The implementation in France of the EU Directive relating to trade marks
- ‘Day day up’ trade mark case and two English systems in China
- Facebook removes controversial Tory advert on copyright grounds
- AG Bobek suggests broadening possibility to submit new arguments and evidence before General Court in trade mark opposition proceedings
- Paris Court Grants Anti-Anti-Suit Injunction in IPCom v. Lenovo
- Clarivate acquires IP case law data company Darts-ip
- In UK, more than half of fake good purchases are deliberate
26
11
19
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Versace is Suing Fashion Nova for "Brazenly" Copying its Designs, Infringing its Trademarks
- Glossier Filed 2 Trademark Applications This Spring That Say a Lot About Modern Branding
- Two Celebrity Stylists and a Project Runway Alum Are Facing Off Over the Name "The Kit" for Their Respective Brands
- Baby Yoda GIFs back online after copyright confusion
- China vows to lower threshold for IP infringement
- Japan Tobacco loses ‘House of Silk’ TM opposition at UKIPO
- Kylie Minogue decor brand loses copyright claim
- Polish Constitutional Tribunal rules that rightholders can claim damages amounting to twice a hypothetical licence fee in copyright infringement cases
- Hold Your Colour – Cancellation Action against Nivea Blue withdrawn after 11-Year Saga in Germany
- Common sense prevails in trade mark specification interpretation
20
11
19
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- The global digital enforcement of intellectual property
- Supreme is Being Sued for Allegedly Hijacking Another Brand's Camo Print
- Intellectual property and e-commerce: Alibaba’s perspective
- In order to be irreplaceable, one must always be different: Chanel in trade mark dispute over GABRIELLE mark
- Foreo Wins Counterfeit Case for Design Infringement in Shanghai
- Ferrero succeeds in enforcing its rights in the Tic Tac container before Italian court
- http://ipkitten.blogspot.com/2019/11/ferrero-succeeds-in-enforcing-its.html
- https://drive.google.com/file/d/1zxrg9_pbWhkb5ms1QQLrOJqOsFaM6lFd/view
- Marc Jacobs fails to dismiss Nirvana smiley face case
- https://www.intellectualpropertymagazine.com/trademark/marcjacobs-fails-to-dismiss-nirvana-smiley-face-case--1.htm
- https://www.thefashionlaw.com/home/thecourt-just-sided-with-nirvana-and-refused-to-dismiss-its-case-against-marc-jacobs
- For a previous article on this matter: https://www.theguardian.com/music/2019/mar/12/marcjacobs-dismiss-copyright-lawsuit-nirvana-smiley-face
- “COPYRIGHT IS FOR LOSERS”; MA IL MARCHIO NO
- Halewood faces opposition from Vera Lynn over gin trademark
- https://www.thedrinksbusiness.com/2019/11/halewoodfaces-opposition-from-vera-lynn-over-gin-trademark/
- https://www.intellectualpropertymagazine.com/trademark/well-meet-again-singer-opposes-gin-tm-138057.htm
- Journalist group files trademark for “fake news” so Trump can’t use it
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11
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OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
1. An Italian Court Rules Once and for All to Allow Leonardo da Vinci’s ‘Vitruvian Man’ to Travel to the Louvre, Ending Years of Legal Wrangling
2. From Ikea Signage to "Product Bags," a Look at Off-White's Quest to Claim Rights in Quotation Marks
3. General Court: Board of Appeal incorrectly interpreted specification of earlier trademarks
4. EU-China agreement on geographical indications
5. Monopolizing and Monetizing a Color: What is the Value of Tiffany & Co.'s Trademark Blue Hue?
6. Instagram to Test Hiding "Likes" in the U.S. What Does that Mean for Influencers, Brands?
7. Sharon Stone is Suing Rapper Chanel West Coast Over "Sharon Stoned" Song and Video
8. EUROPOL-EUIPO: strengthening cooperation in the fight against IP crime
9. EU – EP Paper: CJEU case law does not expressly exclude the possibility to allow a non -EU Member State to form part of the UPCA
10. Italian Guardia di Finanza seized 4.500 household and school goods.
05
11
19
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- The REAL Bentley! Luxury car giant is banned from using the name on clothes after losing trademark battle with a family firm in Manchester:
- Apple recently filed a new patent for an iPhone with a wraparound glass screen that forms 'a continuous loop':
- European patents help SMEs commercialise high-potential inventions, new study shows:
- Kim Kardashian is Suing an App Developer for $10 Million for Using Her Image in its Ad Campaign:
- Benelux Court of Justice rules on use of a well-known trade mark in a work of art:
- Efforts to Trademark Manuka Honey Lead to Diplomatic Dispute:
- Conor McGregor’s lawyers hit back over attempt to block trademark:
- Why Kylie Jenner's 'rise and shine' trademark try may not see the light of day:
- Kawhi Leonard Files Trademark Application for "What It Do Baby":
- LG Electronics sues Chinese TV maker Hisense over patent violation:
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OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- WIPO celebrates 20 years of UDRP; votes against reform: https://www.worldipreview.com/news/wipo-celebrates-20-years-of-udrp-votes-against-reform-18821;
- Taylor Swift returns to US court after appeal over copyright lawsuit: https://www.theguardian.com/music/2019/oct/29/taylor-swift-copyright-lawsuit-shake-it-off-players-gon-plat-3lw;
- Why Kylie Jenner's 'rise and shine' trademark try may not see the light of day: https://finance.yahoo.com/news/why-kylie-jenner-might-face-hurdles-with-rise-and-shine-trademark-filing-120039211.html;
- Record labels share fears over counterfeit vinyl - reports: https://www.worldipreview.com/news/record-labels-share-fears-over-counterfeit-vinyls-reports-18819;
- South Korean TMs involved in more than 1,000 infringement cases - KIPO: https://www.worldipreview.com/news/south-korean-tms-involved-in-more-than-1-000-infringement-cases-kipo-18818;
- Is China’s Invasive New Cybersecurity Law Another Backdoor to American Intellectual Property? https://www.theepochtimes.com/is-chinas-invasive-new-cybersecurity-law-another-backdoor-to-american-intellectual-property_3126335.html;
- INSIGHT: Intellectual Property Challenges During an AI Boom: https://news.bloomberglaw.com/us-law-week/insight-intellectual-property-challenges-during-an-ai-boom;
- Nike Files Fourth Lawsuit Against Skechers Alleging Knockoff Sneakers, Denies 'Bullying' Claim: https://www.newsweek.com/nike-files-fourth-lawsuit-against-skechers-alleging-knockoff-sneakers-denies-bullying-claim-1468264
- Record labels share fears over counterfeit vinyls – reports: https://www.worldipreview.com/news/record-labels-share-fears-over-counterfeit-vinyls-reports-18819;
- Fortnite Maker Epic Games Sues Alleged Online Counterfeiters: https://news.bloomberglaw.com/ip-law/fortnite-maker-epic-games-sues-alleged-online-counterfeiters-1