World of IP Round Up: November 2018 | Copyright: the Internet and… Cheese(?)

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World of IP Round Up: an internet without… memes?

World of IP Round Up: November 2018 | Copyright: the Internet and… Cheese(?)

From the mounting backlash against the EU’s sweeping plan for enforcing copyright on the internet, to whether it subsists in the taste of cheese – November was a month like no other in the world of IP.

So without further ado, Here are all of this month updates from around the web.


EU Copyright Directive (The Internet is Not Happy)

This month consultation in the European parliament on a directive for member states on copyright has led to some serious concern from web giants and the wider internet community.

Of particular concern is: Article 11 which people believe proposes a “link tax” on content aggregators; and Article 13 whose amendments, it is argued, would result in wholesale changes to the obligations of web platforms who host copyright content (which, is pretty much all of them).

Both of these measures seek to protect creators of original content who, under the current regime – are seen to lose out to others gaining advantage from unauthorised use of their work. Though upon review many suggest that the implementation of the directive might cause more harm than good – in diminishing the digital platforms that creatives use for their livelihoods.

In November, The European Parliament voted in favour of the directive, putting the wheels in motion for EU members states to have to pass their own corresponding legislation.

Many suggest that changes would mean would have to review all material being uploaded onto their platform for copyright infringement – before it is made available to audiences. 

For online content platforms such as YouTube and Reddit this would be incredibly difficult to administer, as they find themselves hosting an abundance of new content on a day to day basis. These companies say should the directive (and Article 13) come to pass, this might mean that they are unable to continue operating in Europe entirely.

As a consequence, platforms such as the above have begun activism to educate and mobilise their user bases in order to lobby against the initiative under the hashtag #saveyourinternet.

We will be following up this particular issue in detail in a forthcoming piece of insight – but in the meantime here is what others have said about Article 11 and  13 this month.

Spotlight ask: will the EU Copyright Directive Break the Internet?

The Verge cover YouTube’s initial reaction and campaign against Article 13. This is of particular interest as it demonstrates’s YouTube’s stance on the issue.

Finally, The SSL Store look at Google’s reaction to Article 11, their precedent response in Spain, and how might react to push back from Article 13.

Whether or not Europe experiences a Google “blackout” the same ilk as China as a consequence, or other internet services “take their ball and go home” at the challenges the Directive brings to the fore, remains to be seen…


CJEU brie-lieve the taste of cheese cannot be subject to copyright

(I would like to apologise for the terrible pun in the heading for this story.)

In other news from the continent this month – Advocate General Wathelet issued an opinion in the EU pertaining to whether a cheese (specifically the Dutch spreadable “Hesk’nkaas”) could be considered a “work” on account of it’s distinct taste.

AG Wathelet’s opinion was that it could not – but his reasoning has led some to some discussion; specifically around the concept of originality in cheese, and whether taste could be considered a work.I

In this post, the IPKat takes a look at the opinion and it’s technical controversies.

In this post, The Business Standard looks at the contradictions inherent in  in the opinion, why perfume and not cheese?


Amazon Brand Registry Faces Hacker Problem

It was announced this month that Amazon have been experiencing a growing issue with hackers intercepting trade mark credentials in order to list counterfeit goods as official on the Amazon brand registry.

To be specific, a growing number of exploits have been found whereby hacking into a USPTO database, rogue traders have been able to go through Amazon’s Brand Registry and denote their goods as genuine to prospective customers.

Amazon have pledged to work with the USPTO in order to resolve this issue, however it comes as another blow to brands’ trust in the platform – with luxury providers historically circumspect of the selling platform.

Bloomberg Law’s report provides further detail on this story.

Recode’s piece provides some insight into the growing “revolt” of brands rising up against Amazon.


World of IP Round Up: The Best of the Rest

Technology

Auctioning Art(ificial Intelligence):  The IP implications of Edmond de Belamy | https://buff.ly/2Q9o5mX

Per Trademark Filings, ‘Zelda’ and ‘Donkey Kong’ Could Be Nintendo’s Next Mobile Games | https://buff.ly/2SH7xEi

Nintendo Wins $12 Million From Trademark And Copyright Infringement Lawsuit | https://buff.ly/2qKPtMQ

Sega renews trademark for Virtua Fighter and files ‘Battle Genesis’ for the arcades | https://buff.ly/2zs4OWH

Trademark suggests the folding Samsung may be called the “Flex” | https://buff.ly/2SFOVVv

AirPods 2 Leak Hints At Upgrades: Biometrics And Wellness Sensors | https://buff.ly/2SPJS51

Apple, Amazon, Google targeted in Texas for patent infringement | https://buff.ly/2FgcC4a

Square Enix files trademark dispute against Dorado Games over ‘Conflict’ branding | https://buff.ly/2AUgaEI

Facebook Settles Dispute Over Alleged Scam Ads Using Tattoo Artist’s Photos | https://buff.ly/2zDPnuy

Dyson Is Working on an Air Purifier That’s Also Headphones | https://buff.ly/2QFBGCV

Motorway technology at heart of smart deal | https://buff.ly/2TkR894

Ethernet patent permitted to question validity of own patent | https://buff.ly/2QL6fHl

Playstation 5? Sony filed a patent for a touchscreen-equipped PlayStation controller | https://buff.ly/2BnCoPW

HTC Files Trademark For ‘Vive Cosmos’ VR Equipment | https://buff.ly/2S2Nq2t

Take-Two Abandons Rockstar’s Agent Trademark | https://buff.ly/2TK110j

LG files for a trademark that could be for a future foldable smartphone | https://buff.ly/2TM6XWK

Square Enix seeks to block indie game trade mark by citing decade old game series| @techdirt https://buff.ly/2AmGfL6

Business

Judge may ditch some counterclaims in Nestlé trademark dispute | https://buff.ly/2qlQSJF

A Foreshadowing of Big Law’s Future:  Intellectual Property’s Turbulent Decade | https://buff.ly/2QaVaPr

P&G loses trademark dispute | https://buff.ly/2qo0Av0

Intellectual property risks for startups using crowdfunding | https://buff.ly/2zrXoTt

Common Trademark Mistakes Made by Small Business Owners | https://buff.ly/2FcHpyC

Red Bull caught by the horns in trademark row | https://buff.ly/2qJW0HR

BFI, Intellectual Property Office launch blockchain initiative | @TVBEuropehttps://buff.ly/2KFvIPT

What is Royalty Free and What Does it Mean for Your Small Business? – Small Business Trends | https://buff.ly/2PH18LT

Small Business FAQs About Intellectual Property | https://buff.ly/2DQo1WQ

Comment: Why intellectual property should be top of the agenda for start-ups | https://buff.ly/2DMY0aV

International

Australia: Delta warns on rising intellectual property risk | @InsuranceNewsAU https://buff.ly/2AoNNND

Africa: Trademarking ‘hakuna matata’ a wake up call for African IP | https://buff.ly/2TK0JGD

Canada: Trade deals that lock up intellectual property rules could have dangerous consequences for Canada | https://buff.ly/2qYOI2V

Japan to make trademark registration of era names impossible | https://buff.ly/2zxrncv

Japan: Louis Vuitton wins dispute over ‘custom-made’ goods in Japan | https://buff.ly/2DBLye2

China: Luxury Goods Brand Alfred Dunhill Wins Major Trademark Ruling in China | https://buff.ly/2zvTNnh

China: Lego Wins Intellectual Property Lawsuit in China | https://buff.ly/2F6iNaT

China: Nike and LVMH praise China’s efforts to fight intellectual property theft | https://buff.ly/2AVlIiA

China: “Singles Day” sees ‘Ababis’ and ‘Star Wnrs’: Knockoffs thrive in China e-commerce platform | https://buff.ly/2zPnnnJ

China: Forget fake goods, fake shopping apps plagued China’s Singles’ Day | https://buff.ly/2Fkfo8x

Chinese Trademark Surge Signals Possible U.S. Market Entry | https://buff.ly/2ToUzLN

China: President Xi Jinping vows to better protect intellectual property | https://buff.ly/2Sln4cf

USA: Musically Inclined: The Music Modernization Act of 2018 https://buff.ly/2zPr4K7

USA: Laura Peter Appointed Deputy Director of the USPTO | https://buff.ly/2AQXBkT

USA:  The Hunt for the Inventive Concept is the Flash of Creative Genius Test | https://buff.ly/2PhN8YH

USA: Bank Of America Faces Trademark Suit Over Virtual Banking Assistant Erica | https://buff.ly/2FddRkB

USA: US Supreme Court to decide whether trademark licences can survive bankruptcy – https://buff.ly/2DFZraO

USA: Indiana Photographer Known For Copyright Lawsuits Sues Again https://buff.ly/2qZw8YE

USA Accuses China of Continuing IP Theft as WTO Launches Probe | https://buff.ly/2TtB4lq

USA: Free Market Group Calls for Tighter Copyright Laws | https://buff.ly/2TA2h5U

USA: Conservative Phyllis Schlafly’s heirs lose trademark appeal over brewery | https://buff.ly/2KBaUcD

USA: Monster Energy Wins Flawed Trademark Verdict | https://buff.ly/2KypiCt

USA: Artificial Intelligence Technologies Facing Heavy Scrutiny at the USPTO | https://buff.ly/2FVrzbQ

India: Delhi court tells e-commerce site to check for Louboutin counterfeits | https://buff.ly/2D9efOp

India: Delhi High Court backs L’Oréal and Skullcandy in counterfeit cases | https://buff.ly/2DPPibK

Europe: EPO Publishes Revised Guidelines on Computer-implemented inventions | https://buff.ly/2zVJ9q3

Europe: Leaks Show Europe’s Attempts to Fix the Copyright Directive Are Failing | https://buff.ly/2Thywqz

Europe: Marrakesh Treaty is no paper tiger: EU Commission sues 17 countries for non-compliance |https://buff.ly/2FLo1Jo

Europe: Is SPINNING generic? EU General Court explains how the relevant assessment is to be undertaken | @Ipkat https://buff.ly/2SffaRt

At Home

Copyright-based industries contributed to 5.5 percent of UK GDP in 2018 | https://buff.ly/2K6HPVV

UKIPO delivers trademark victory to ‘@pizza’ applicant | https://buff.ly/2JAh6ku

Brexit causing uncertainty in patent activity| https://buff.ly/2zx7brs

The impact of a ‘no-deal’ Brexit on EU trade marks and designs | https://buff.ly/2qHjBsq

JD Wetherspoon says it is ‘not a brand’ | https://buff.ly/2FnsZMn

Patent, trademark protection for German firms at risk in no-deal Brexit | https://buff.ly/2qJW1eT

Man who sold poppies despite no Royal British Legion link admits trademark offences | https://buff.ly/2B6z4Zk

“No clarity on continued rights of representation”: trademark experts have their say on the draft Brexit withdrawal text | https://buff.ly/2QJTkoQ

Draft Brexit agreement confirms future of IP rights in UK | https://buff.ly/2Tp2YPq

GM Files To Trademark ‘Change Your Perspective’ | https://buff.ly/2TrO3Er

eBay lose trademark case against UKBAY and ordered to pay £560 in costs | @tamebay https://buff.ly/2PTQS2N

UK Copyright Trolls Reactivate, Five Years After Alleged Movie Piracy | https://buff.ly/2AqHRUe

Fashion

Adidas brand chief: ‘Our talented marketers want to do more than just brief agencies’ | https://buff.ly/2P58tV6

Jimmy Choo Takes Trademark Action Against Fashion Student | https://buff.ly/2SD3d9r

Burberry says new designer bringing buzz back to brand | https://buff.ly/2AVYVTM

Philipp Plein is Naming and Shaming Consumers in His Fight Against Fakes | https://buff.ly/2zqsavU

Chanel calls out dozens of companies for using its trademark to make money, wants $2 million from each | https://buff.ly/2qJVSrz

A New Louis Vuitton Lawsuit Shows its Strategic Approach to Brand Protection | https://buff.ly/2T6MXxo

Start-Up Pitches Luxury Goods, Minus the Brand | https://buff.ly/2zVR7j6

Would you buy a handbag from Plada or Loius Vuitton? | https://buff.ly/2PE4z5Y

Gap’s comparable sales miss as its namesake brand struggles  | https://buff.ly/2FyLhdx

No more counterfeits – Uniqolabel’s security labels ensure genuine products, from maker to consumer | https://buff.ly/2BtBXDL

Levi Strauss Sues Yves Saint Laurent Over Trademarked Pocket Tab | https://buff.ly/2BqtK2T

Dolce & Gabbana’s Brand Reputation ‘In Rags’ Over China Ad Outrage | @forbes https://buff.ly/2DYMR6S

adidas knocked out in trademark infringement case: McGregor IP maintains right to use Conor McGregor’s name | https://buff.ly/2Sao171

Design and Branding

How Bonobos grows brand purpose following its controversial sale to Walmart | https://buff.ly/2F4OmBY

Brands are losing out on £774bn by failing to bridge the ‘self-esteem gap’ | https://buff.ly/2TwyxH6

Mixing Brand and Politics is a Complicated Business, Survey Finds | @RSS_Adotas https://buff.ly/2SbZ62R

Recent Arby’s And KFC Promotions Favor Brand Affinity Over Revenues | @forbes https://buff.ly/2ShuUUg

Culture

New Scientist calls for the end of the scholarly publishing industry: “more profitable than oil,” “indefensible” | https://buff.ly/2PYdXS8

Orange is the new candy trademark | https://buff.ly/2qupsBD

Anthropology issues apology after copyright infringement backlash | https://buff.ly/2Dizxtw

Everyone’s making money using NASA logos except NASA | https://buff.ly/2qoOkur

Dawn Ellmore Employment looks at how Prince’s estate is trying to trade mark his signature colour shade | https://buff.ly/2FbNSKc

.@Dawn_Ellmore reviews Ed Sheeran’s latest $5 million copyright | https://buff.ly/2BasBfP

Sabrina Netflix lawsuit: Satanic Temple sues over Baphomet statue | https://buff.ly/2T2NEIl

Lucasfilm’s Galaxy of Adventures trademark sparks Star Wars rumors | https://buff.ly/2RQgZUW

Ed Sheeran settles copyright claim with Australian songwriters https://buff.ly/2RP27WF

Kylie Minogue Addresses Legal ‘Tussle’ With Kylie Jenner Over Name Trademark | https://buff.ly/2FeW78e

Producers of Netflix’s ‘Narcos’ Series Ask Court to Dump Copyright Suit | https://buff.ly/2zZq4Dg

Does intellectual property exist in the beauty community? | https://buff.ly/2zTveRr

Steve Perry Sues to Prevent Release of Unreleased Nineties Songs | https://buff.ly/2Fw1bp7

Mickey Mouse celebrates his 90th anniversary as Disney copyright battle looms | https://buff.ly/2Kl6upO

Notorious copyright lawyer evades sanctions in dismissed suit against Kendall Jenner | https://buff.ly/2KhUrd9

How to use intellectual property rights to protect a new sports format | @LawInSport https://buff.ly/2Kw2C5K

Fortnite facing legal threats over ‘stolen’ dances, but can you copyright choreography? | https://buff.ly/2TtWuit

LL Cool J Sues Rock the Bells Promoter Over Trademark: Report | @Pitchfork https://buff.ly/2TQvv0x

Leicester City scores win against Leeds in trademark dispute, but misfires in bad faith claim | @WTRmagazine https://buff.ly/2AunIwy

JAY-Z Cites Racial Discrimination in Trademark Infringement Case | @Pitchfork https://buff.ly/2Q2AzAI

Everything Else

“Salt Bae’s” unique way of applying salt can be a trade mark, says EUIPO Fifth Board of Appeal https://buff.ly/2Dl9eDb

USA Girl Scouts sue Boy Scouts over trademark infringement after opening up to girl members | https://buff.ly/2ARNIn4

Tequila Regulatory Council Opposes Musk’s Teslaquila Trademark | https://buff.ly/2QFmwgI

If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement? | https://buff.ly/2TixKJJ

The Top Ten Patent Wars: The Light Bulb – https://buff.ly/2TfMx80

We will see you for next month’s World of IP Round-Up.

To contact our team of intellectual property solicitors please call:


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World of IP Round Up: November 2018 | Copyright: the Internet and… Cheese(?) was written by Dr. Martin Douglas Hendry

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