NEWS
29
07
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Yoruba trademark case sparks Nigerian cultural appropriation debate
- Leicester City FC scores UKIPO trademark win against Leeds club
- CRT and Heineken amicably end their dispute over the use of the word "Tequila" in Desperados beer
https://ipkitten.blogspot.com/2021/07/crt-and-heineken-amicably-end-their.html/
- Implications of Russia’s New Rules on Geographical Indications for Champagne and Cognac Producers
- A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems
- Cleveland’s MLB team change name from Indians to Guardians
- Britney Spears Photo on Billboard’s Website Draws Copyright Suit
- As Part of a $4.5 Billion Oxycontin Settlement, the Sackler Family Has Promised Not to Lend Its Name to Museums for Nine Years
https://news.artnet.com/art-world/sackler-settlement-museums-naming-right-1987409/
- German Constitutional Court rejects second challenge to UPC
https://ipkitten.blogspot.com/2021/07/breaking-news-german-constitutional.html/
20
07
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Arte e diritto. Fedez, Schifano e la Coca-Cola
- https://www.artribune.com/professioni-e-professionisti/diritto/2021/07/arte-diritto-fedez-schifano-coca-cola/
- EDPB adopts urgent binding decision: Irish SA not to take final measures but to carry out statutory investigation
- The North Face Will Phase Out a Logo That the Street Artist Futura Said It Lifted Illegally From His Work
- https://news.artnet.com/art-world/claims-infringement-north-face-says-will-phase-logo-1986720
- GDPR e certificazione dei trattamenti di dati. Le Faq con i primi chiarimenti messe a punto da Garante privacy e Accredia
- Whistler’s portrait and copyright in artistic works
- Guerlain Lands a Win in Fight to Register the “Distinctive” Shape of its Rouge G de Guerlain Lipstick
- Crocs is Doubling Down on ITC Proceeding With New Lawsuits Over Allegedly Infringing Footwear
- Conceptual comparison and famous names in trade mark applications - Miley Cyrus opposition overturned by General Court
- Emoji Company tops 2021 US trademark litigation plaintiff list as small filings rebound predicted
- Malta is the first EU country to join the IP Register in Blockchain
 
 
12
07
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Apertura del quarto bando EUIPO a favore delle PMI
https://uibm.mise.gov.it/index.php/it/apertura-del-quarto-bando-euipo-a-favore-delle-pmi
- Sound mark “tin plop” no distinctive character
https://legal-patent.com/trademark-law/sound-mark-tin-plop-no-distinctive-character/
- Zoom v zoom – no likelihood of confusion
https://legal-patent.com/trademark-law/zoom-v-zoom-no-likelihood-of-confusion/
- Rock band “KISS” gets in trademark dispute with cover band
https://www.mandourlaw.com/blog/kiss-trademark-dispute-cover-band/
- Science, industry team up in Italy to zap virus with laser
- NFT per il mercato della musica: i vantaggi per gli artisti e le critiche
- Codacons contro Fedez e attacca 'Mille': pubblicità occulta
- Made in Italy, nasce l’associazione Marchi storici: otto i soci fondatori
05
07
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Sky loses opposition in ‘Skyliners’ TM case
https://www.worldipreview.com/news/sky-loses-opposition-in-skyliners-tm-case-21497
- Adidas sues Thom Browne for ‘infringing’ stripe TM
https://www.worldipreview.com/news/adidas-sues-thom-browne-for-infringing-stripe-tm-21496
- Olivia Rodrigo accused of plagiarism by Courtney Love and others
- Can the Champagne PDO protection cover services?
- Ocado settles litigation with former employees
- Ronald Reagan Foundation Sues Over ‘Trump-Reagan Club’ Donor Ads
https://news.bloomberglaw.com/ip-law/ronald-reagan-foundation-sues-over-trump-reagan-club-donor-ads
- Kanye West is suing Walmart over 'virtually indistinguishable' knockoffs of his foam Yeezy shoe
- Dior Nabs Win in Case Over Book Tote Bag, as Court Says 5-Stripe Design is a Trademark
- Undergarments Startup Adore Me is Suing Savage X Fenty for Allegedly Co-Opting its Trademark
- Satoshi Nakamoto over the copyright for the bitcoin white paper
28
06
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
-  Davis v. Pinterest: Pinterest Pins Victory in Contributory Copyright Infringement Claim – But Decision May Open a Door for Future Suits: https://www.ipwatchdog.com/2021/06/24/davis-v-pinterest-pinterest-pins-victory-contributory-copyright-infringement-claim-decision-may-open-door-future-suits/id=134848/;
- Banksy trademarks two of his best known artworks in Australia: https://www.theguardian.com/artanddesign/2021/jun/23/banksy-trademarks-two-of-his-best-known-artworks-in-australia;
- EPO Data Hub: explore patent filing trends with new free mobile app: https://www.epo.org/news-events/news/2021/20210624.html;
- [GuestPost] Lord Justice Birss deals with the kitchen sink and the Formstein defence in Facebook v Voxer: https://ipkitten.blogspot.com/2021/06/guestpost-lord-justice-birss-deals-with.html;
- The EPO decides that double-patenting is a ground for refusal in G4/19: https://www.reddie.co.uk/2021/06/24/the-epo-decides-that-double-patenting-is-a-ground-for-refusal-in-g4-19/;
- Mercado Libre published its first Transparency Report: https://iptango.blogspot.com/2021/06/mercado-libre-published-its-first.html;
- Consumer Protection (E-Commerce) Rules, 2020 – Proposed Amendments (2021): https://www.bananaip.com/ip-news-center/consumer-protection-e-commerce-rules-2020-proposed-amendments-2021/;
- Apple replacement screens for iPhones: sustainability in trademark law: https://legal-patent.com/trademark-law/apple-replacement-screens-for-iphones-sustainability-in-trademark-law/;
21
06
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- “This is a case about intention”: Banksy’s trademark troubles continue as EUIPO invalidates four more marks
 
- Cristiano Ronaldo’s Coca-Cola snub is a reminder of the power of personality and how sponsor-player relationships are changing for good
 
- CJEU rules on seeding, trolls, and interplay between copyright enforcement and data protection rules
https://ipkitten.blogspot.com/2021/06/cjeu-rules-on-seeding-trolls-and.html
 
- Starz takes action over Disney’s Star+ launch
 
- Warner sued for infringement by The Jesus and Mary Chain
 
- Leading authors sound alarm over post-Brexit changes to copyright
 
- PURPLE RAIN TRADEMARK OPPOSITION HAS PRINCE BACK IN THE LIMELIGHT
 
- Fashion Brand’s Use of Bella Hadid Photo on Instagram is Not Fair Use, Says SDNY
 
- From Dr Martens to Ralph Lauren, Lawsuits Are Starting to Build for $15 Billion Ultra-Fast Fashion Brand Shein
 
- Copyright Gunfight at the O.K. Corral: A Fistful of Dollars vs Rango before the Court of Rome
https://ipkitten.blogspot.com/2021/06/guest-post-copyright-gunfight-at-ok.html
 
15
06
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- The EU General Court on relative grounds for refusal: the Chanel judgment
 
- Starbucks Files Application Allowing for Stadium Naming Rights
 
- Friends Reunion: The One with the Copyright Battle
 
- EU Offers Alternative to COVID-19 IP Waiver That Supports Innovation and Addresses Supply Chain Problems
 
- From Skechers to Loeffler Randall, Crocs is Looking to Block Infringing Imports of its Wildly Popular Clogs
 
- Khloe Kardashian, Good American Settle D.bleu.dazzled Suit Over Allegedly Infringing Bodysuits
 
- Nike Nabs a Number of New Trademark Registrations, While it Sets its Sights on More
 
- “National exhaustion is off the agenda” – reaction as UK government opens consultation on post-Brexit regime
 
- Maxi sequestro merce contraffatta "Euro 2020"
 
- Nearly 1 in 10 EU Consumers Have Mistakenly Purchased a Counterfeit Product Over the Past Year, Per Report
11
06
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Twitch ‘disappointed’ in record labels’ DMCA takedowns
- After Hyatt v. Hirshfeld, it Might Be Time to Pay Attention to Prosecution Laches
- The Bi flag controversy and when IP becomes personal
- JPO upholds Charpentier CRISPR patent
- Commission unveils Article 17 Guidance: 3 highlights
https://ipkitten.blogspot.com/2021/06/commission-unveils-article-17-guidance.html
 
- Vaccine IP Waiver Plan Redo ‘Has Legs’ but Devil’s in the Detail
- Melbourne Orlando airport name change gets rerouted
- German competition authority launches probe into Google's news showcase
 
 
 
31
05
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Amazon and EBay Would Face Counterfeit Liability Under New Bill
- https://news.bloomberglaw.com/ip-law/amazon-and-ebay-would-face-counterfeit-liability-under-new-bill
- NBA Star Embiid Can’t Register ‘Trust the Process’ Shoe Mark
- Lidl to drop ‘lookalike’ Hendrick’s gin after TM loss
- Amazon buys MGM’s ‘IP treasure trove’ for $8bn
- Puma prevailed over Ruma in a trademark dispute
- Fight against video game cloning – is it possible?
- Peaky Blinders producers lose drinks IP battle
- Instagram is Encouraging “Widespread Copyright Infringement” via its Embed Tool, Per New Lawsuit
- Rothy’s Files Suit Against Birdies, Claiming Rival “Blatantly Copied Nearly Every Aspect” of its Shoe Designs
- As E-Commerce Continues to Rise, Online Platforms & Luxury Brands Take a New Collaborative Approach to Fighting Fakes
 
24
05
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- How playlists are changing the nature of musical works
- Can a trade mark become misleading because it is transferred to a new owner? It’s all a matter of tradition
- Putting COVID IP Waiver and IP Piracy in Context: Consumers and Producers, Pirates and Police Officers
- Chile to join WIPO’s Madrid System
- Let not the Cancellation Division see your black and deep desires: (another) Banksy mark cancelled by EUIPO due to bad faith
- Paper Published Analyzing the History and Development of the Concept of Building Respect for IP
- https://www.wipo.int/enforcement/en/news/2021/news_0003.html
- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3839334
- European cooperation: TMview visual search extended to all EU IP offices with the integration of Latvia
- After Recent Filings, Jay-Z is Ready for a Trademark Fight
- Nike and Puma are Fighting Over “Footware” Trademark in the U.S. and the UK
- Vaccine row shows why we need to rethink intellectual property
19
05
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- A Louboutin Lawsuit Asks Whether Amazon May Be Directly Liable for Trademark Infringement:
 
- Mashing Up Two Highly Coveted Watches, Is This “Genius” Timepiece the Next Luxury Lawsuit in the Making?:
 
- Walmart, Tesla Added to S&P ESG Index, While Victoria's Secret-Owner and Facebook Get the Boot | The Fashion Law:
 
- PRS and Qatar Airways global music copyright infringement case takes off:
 
- Board of Appeal upholds the principle of "any person" opposition in view of the broader public good (T 1839/18):
 
- Can Amazon be directly liable for trade mark infringement? A new CJEU referral:
 
- Nirvana Sued for Copyright Infringement Over Use of Dante’s ‘Inferno’ Illustration:
 
- Childish Gambino sued for alleged This Is America copyright infringement:
 
- CAFC Clears L’Oréal of Trade Secret Misappropriation, Orders New Trial on Patent Infringement:
 
- Samsung in patent infringement suit for LG tech sold to patent troll;
 
18
05
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Adidas successful in phishing case involving branded face masks
 
- Eleven Million Patents: Milestones in the History of Invention
https://www.ipwatchdog.com/2021/05/11/eleven-million-patents-milestones-history-invention/id=133432/
 
- Biden Administration's Support of the So-Called WTO Waiver of COVID-19 Related IP
http://www.ip.finance/2021/05/biden-administrations-support-of-so.html
 
- Australian Leather loses UGG trademark battle
 
- The Hobbit: An Unexpected Journey Into Trademark Infringement
 
- Kat Von D Sued for Copyright Infringement over Miles Davis Tattoo
https://www.asmp.org/current-news/kat-von-d-sued-for-copyright-infringement-over-miles-davis-tattoo/
 
- Revocation of TM Black-Friday TM in GER – for the time being
https://legal-patent.com/trademark-law/revocation-of-tm-black-friday-tm-in-ger-for-the-time-being/
 
- Lvmh, Prada e Cartier creano la prima blockchain globale dedicata all’industria del lusso
 
- Gucci, Facebook file joint lawsuit against alleged counterfeiter
14
05
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- A Louboutin Lawsuit Asks Whether Amazon May Be Directly Liable for Trademark Infringement:
https://www.thefashionlaw.com/a-louboutin-lawsuit-asks-whether-amazon-be-directly-liable-for-trademark-infringement/;
 
- Mashing Up Two Highly Coveted Watches, Is This “Genius” Timepiece the Next Luxury Lawsuit in the Making?:
https://www.thefashionlaw.com/mashing-up-two-highly-coveted-watches-is-this-genius-timepiece-the-next-luxury-lawsuit-in-the-making/;
 
- Walmart, Tesla Added to S&P ESG Index, While Victoria's Secret-Owner and Facebook Get the Boot | The Fashion Lawhttps://www.thefashionlaw.com/walmart-tesla-added-to-sp-esg-index-while-victorias-secret-owner-and-facebook-get-the-boot/;   
 
- PRS and Qatar Airways global music copyright infringement case takes off:
https://ipkitten.blogspot.com/2021/05/prs-and-qatar-airways-music-copyright.html;
 
- Board of Appeal upholds the principle of "any person" opposition in view of the broader public good (T 1839/18):
https://ipkitten.blogspot.com/2021/05/board-of-appeal-upholds-principle-of.html;
 
- Can Amazon be directly liable for trade mark infringement? A new CJEU referral:
https://ipkitten.blogspot.com/2021/05/can-amazon-be-directly-liable-for-trade.html;
 
- Nirvana Sued for Copyright Infringement Over Use of Dante’s ‘Inferno’ Illustration:
- https://www.rollingstone.com/music/music-news/nirvana-copyright-lawsuit-dante-inferno-1164820/;
 
- Childish Gambino sued for alleged This Is America copyright infringement:
https://www.theguardian.com/music/2021/may/06/childish-gambino-sued-alleged-this-is-america-copyright-infringement;
 
- CAFC Clears L’Oréal of Trade Secret Misappropriation, Orders New Trial on Patent Infringement:
 
- Samsung in patent infringement suit for LG tech sold to patent troll;
https://www.business-standard.com/article/companies/samsung-in-patent-infringement-suit-for-lg-tech-sold-to-patent-troll-121050600326_1.html.
 
05
05
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Columbia cites design patent in winter jacket suit
- EU General Court says that ‘heartfulness’ for meditation cannot be registered as an EU trade mark
- Fueled by BTS and K-pop, South Korea’s IP Economy is Thriving
- Bribery, impersonation, abuse: shocking details revealed in Pakistan fraud case that targeted USPTO users
- Jeff Bezos loses trade mark battle at the EU General Court
- TikTok faces £1bn legal data claim
- Pharma innovators commit to use IP differently in poorer nations
- EPO adopts new environmental policy, aims for carbon neutrality
https://www.epo.org/news-events/news/2021/20210427a.html
 
27
04
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Paul McCartney and Kate Bush lead call for change to music streaming payments.
- Robinhood Faces New Legal Troubles As Ice Cube Files a Lawsuit
- Chinese Tech Titan Huawei Prevails in the Trademark Case Waged Against it By Chanel
- ‘Peppa Pig’ has for the first time been recognized as a well-known trade mark in China
https://ipkitten.blogspot.com/2021/04/peppa-pig-has-for-first-time-been.html?m=1
- European Super League: a competition based on brand, not on-field success
- Hasbro loses EU ‘Monopoly’ TM after bad faith finding
https://www.worldipreview.com/news/hasbro-loses-eu-monopoly-tm-after-bad-faith-finding-21292
- Resale Site Says Chanel Lacks Basis in Case Over Use of the Chanel Name, Logo in Connection with Chanel Goods
- Russian court rules on internet liability
https://www.marques.org/blogs/class46/?XID=BHA4983
- Marshmello  won a copyright lawsuit against DJ Arty
- Luxury brands team up on blockchain platform
19
04
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Satan Shoes: Trademark Blasphemy or Free Speech? https://www.ipwatchdog.com/2021/04/13/satan-shoes-trademark-blasphemy-free-speech/id=132184/;
- Bad faith, intent of parodic use and trademarks - Swatch successfully appeals 'ONE MORE THING' opposition by Apple: https://ipkitten.blogspot.com/2021/04/bad-faith-intent-of-parodic-use-and.html;
- TikTok sued for trademark infringement over editing tool: https://www.worldipreview.com/news/tiktok-sued-for-trademark-infringement-over-editing-tool-21272;
- Vietnam’s Luc Ngan lychee gets GI certification in Japan: https://www.asiaiplaw.com/section/news-analysis/vietnams-luc-ngan-lychee-gets-gi-certification-in-japan;
- 2022 WTO Young Professionals Programme (YPP): https://iptango.blogspot.com/2021/04/2022-wto-young-professionals-programme.html;
- IP suit against Qatar Airways takes flight in UK court: https://www.worldipreview.com/news/ip-suit-against-qatar-airways-takes-off-in-london-court-21270;
- Countries Like the Philippines are Unable to Utilize IP Flexibilities to Fight COVID-19: https://www.ipwatchdog.com/2021/04/18/countries-like-philippines-unable-utilize-ip-flexibilities-covid-19/id=132310/;
- Caterpillars in court as M&S sues Aldi over Colin cake ‘lookalike’: https://www.theguardian.com/business/2021/apr/15/ms-takes-aldi-to-court-over-colin-the-caterpillar-look-alike-cake;
- Tesla, ex-engineer settle lawsuit over Autopilot source code: https://www.reuters.com/world/china/tesla-ex-engineer-settle-lawsuit-over-autopilot-source-code-2021-04-16/;
- How to get COVID-19 vaccines to poor countries – and still keep patent benefits for drugmakers: https://theconversation.com/how-to-get-covid-19-vaccines-to-poor-countries-and-still-keep-patent-benefits-for-drugmakers-158384;
08
04
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- License to Copy: Your Software Code Isn’t Safe After Google v. Oracle
 
- The World’s First NFT House Sold for $500k and Then Prompted Claims of Copyright “Fraud”
 
- Second Circuit Delivers Blow for Fair Use in Warhol’s Prince Photograph Case
 
- EPO launches new Online Filing 2.0 service
 
- New EPO And EUIPO Study Highlights Significantly Improved Economic Performance For SME Companies That Own IP Rights
- https://www.mondaq.com/uk/trademark/1054262/new-epo-and-euipo-study-highlights-significantly-improved-economic-performance-for-sme-companies-that-own-ip-rights
- report:http://documents.epo.org/projects/babylon/eponet.nsf/0/7120D0280636B3E6C1258673004A8698/$File/ipr_performance_study_en.pdf.
 
- Sequestrati oltre 15 milioni di prodotti recanti la falsa indicazione “made in italy” per un valore di 25 milioni di euro
 
- Arte o plagio? Nuovamente condannata l’arte “appropriativa” di Koons
 
- Patents on Transactions Using Cryptocurrency: Square versus PayPal
02
04
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
IP news – 02.04.2021
- "No company wants to be associated with human blood" – Nike’s Satan Shoes lawsuit for trademark infringement should come as no surprise
https://edition.cnn.com/2021/03/29/business/satan-shoes-nike-lil-nas-x/index.html
- From the Climate Crisis to China, What Companies Need to Focus on When it Comes to Brand Protection
- From acclimate to “hack-climate”
https://rouse.com/insights/news/2021/from-acclimate-to-hack-climate
- As Leather Alternatives Find Fans in Fashion, Companies are Clamoring for Protection
- How to win the fight against “legitimate” infringers in China?
https://rouse.com/insights/news/2021/how-to-win-the-fight-against-legitimate-infringers-in-china
- Coty v Amazon continues: latest decision highlights the right to inspection under German Trademark Law
- Alibaba releases 2020 IP protection statistics as engagement with anti-counterfeiting alliance grows
- Protection of Jewellery: A Combination of Trademark, Design and Copyright Law?
- An alternate dimension: Deepfakes
https://rouse.com/insights/news/2021/an-alternate-dimension-deepfakes
- Customs Union: First phase of new EU import control system – ICS2
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1134
 
23
03
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
IP news – 22.03.2021
- Magnum Photos Is Threatening to Sue a Streetwear Company That Used Its Inflammatory Images of Historical Conflicts for a New Clothing Line
- https://news.artnet.com/art-world/richardson-magnum-photos-1953356
- The rise of fake luxury goods and misuse of the "Corona" trademark
- Italy Can Evict Steve Bannon’s School for Far-Right ‘Gladiators’ From an 800-Year-Old Monastery, the Country’s Top Court Rules
- https://news.artnet.com/art-world/italy-can-evict-steve-bannon-from-monastery-1952704
- Dior is Facing Pushback in Quest to Register the Design of its Saddle Bag as a Trademark
- EUIPO and Eurojust step up cooperation to tackle IP crime
- OECD-EUIPO report on sea transport
- https://www.marques.org/blogs/class46/?XID=BHA4972
- Tiffany & Co. Says Costco Wants to “Relitigate” Punitive Damages, Jury Issues in Ongoing Case
- Tiger King’s Carole Baskins Faces New Trademark Infringement Battle
- https://www.intellectualpropertynews.com/trademark-news/tiger-kings-carole-baskins-faces-new-trademark-infringement-battle/
- Vodafone Spain fined over €8m for GDPR breaches
- Apple to pay $308m over digital rights management infringement
 
 
15
03
21
OUR SELECTION OF #IPNEWS AND ARTICLES OF THE WEEK
- Virgin sues US rail company over alleged licensing breach
- British Advertising Watchdog is Cracking Down on Use of “Misleading” Instagram Filters
- USOPC sues Puma for trademark infringement
- Securing the secrets of sports data
- Nintendo’s Dog Simulator Infringes Speech Patent, New Suit Says
- Second medical use dosage regimen claim successfully traverses both insufficiency and "obvious-to-try" attacks (T 0799/16)
- Computer simulations may be patentable, EPO’s BoA says
- https://documents.epo.org/projects/babylon/eponet.nsf/0/99f4b971c9e3eb2fc125869400340179/$FILE/G_1_19_decision_of_the_Enlarged_Board_of_Appeal_of_10_March_2021_en.pdf
- Senators unveil bill to close 'patent gap' faced by women
- China must protect seed IP to spur investment, warns Sinochem
- Is Litigation Threatening to Burst the [Red]bubble? Courts Weigh in On IP Implications of Redbubble’s Unique Online Marketplace
- https://www.ipwatchdog.com/2021/03/09/litigation-threatening-burst-redbubble-courts-weigh-ip-implications-redbubbles-unique-online-marketplace/id=130712/