World of IP Round Up: April 2018 | World IP Day 2018

With World IP Day at the back end of the month, and a host of news over the past 30 days – April was another interesting month for IP aficionados around the globe.

With an eye on all the Intellectual Property news from across the web, without further ado – here is April’s World of IP Round Up.

World of IP Round Up: The Big Ones

World IP Day: A World-wide Celebration of Female Innovators

Thursday the 26th of April was World IP Day, which saw a range of celebrations showing how trade marks, designs, copyright and patents impact everyday life.

This year’s theme was “Powering Change: Women in Innovation and Creativity” – looking specifically how female excellence, creativity and IP have gone (and continue to go) hand-in-hand.

This included a host of events around the globe, and the landmark announcement that the UK has ratified the United Patent Court agreement. This agreement, should the UPC be finalized, will ensure that invention in the UK and Europe is supported and safeguarded for years to come. (And that more pressingly, the frustrating and time-expensive process of protecting inventions via the EPO becomes a thing of the past).

WIPO director Francis Gurry delivered a message encouraging more support for women in innovation and creativity

The UK ratifies the United Patent Court Agreement

Nestlé Can’t Catch a Break!

One of the most interesting areas in trade mark law concerns the protection of non-traditional types of signs.

Whether it’s the unique smell found in a store, or a colour synonymous with a brand like Cadbury’s distinctive purple hue – each have an interesting story to tell when it comes to enforcement.

Nestlé executives will have probably turned a similar shade of purple this month as Mondelez’s complaint concerning the four-fingered Kit-Kit shape mark was upheld by the European Court of Justice. The decision has, once and for all, undermined the trade mark (registered in 2006) which will now likely be declared invalid. Mondelez will be delighted with this result, which many see as the riposte to Nestlé’s previous attempt to invalidate Cadbury’s aforementioned colour mark.

Reuters UK detail the outcome of Nestle’s Appeal to the European Court of Justice

No riding off into the sunset for this trade mark infringer…

There is trade mark infringement; and then there is trade mark infringement. In a quite remarkable ruling, Harley-Davidson won in its largest ever trade mark claim against Michigan based SunFrog.com. Sun Frog are a company that allow customers to print: on-demand t-shirts, mugs and other customisable items. With the ability to print custom items comes the capacity for massive copyright infringement. It would appear that Sun Frog were not forthcoming in limiting Harley Davidson’s damage as widespread infringement was found to be occurring even Sun Frog had opposed a preliminary injunction on grounds that they had stopped infringing. It would appear that this rebellious attitude to infringement comes at a great cost – as Sun Frog now face a permanent injunction against selling infringing designs and a bill for £19.2 million in damages for wilful counterfeiting.

Ride Apart take the lead on this mammoth case

Closure, finally(?): Naruto the Monkey, PETA, and The Photographer

Can a monkey own copyright in a image it has taken of itself? Surprisingly, as a consequence of PETA’s determination to assert Naruto the Monkey’s perceived rights, this is a question that has been causing consternation in legal circles for many years. Finally, however the question may have found its answer as a judgment made by the 9th U.S. Circuit Court of Appeals in San Francisco establishes a precedent in US law that: humans can hold copyright, and animals can’t. Of particular note was the Judge’s comment upon PETA’s attempt to dismiss the case – where the organization was criticised for appearing to abandon Naruto’s claims in favour of public image self-preservation. (Say that fast three times!) It remains to be seen whether PETA will appeal the ruling.

Petapixel pick apart PETA’s perceived petulance

World of IP Round Up: The Best of the Rest

Technology

Alibaba files trademark lawsuit against Dubai firm behind ‘Alibabacoin’ | @Reuters https://buff.ly/2JeWnSG

“Alibabacoin” Denies Trademark Infringement | @ETHNews_  https://buff.ly/2qk6cXs

Creepy, or convenient? Amazon Echo and Google Home patents show how they could compromise your privacy | @techradar https://buff.ly/2IpTltp

USA: TiVo v. Comcast: Round II | @IPBrief https://buff.ly/2uJWq5I

Microsoft Pledges to Let Joint Venture Partners Keep the Patents | @technology  https://buff.ly/2q7BAYl

Will the Shutdown of 123Movies Change Piracy? | https://buff.ly/2qhAGIW

Google Patents a ‘Digital Babysitter’ | https://buff.ly/2IADRTw

Yes, These Chickens Are on the Blockchain! Food trace-ability solution derived from the emerging technology | @businesshttps://buff.ly/2JwU25x

PUBG creator continues to protect its runaway hit by filed suit against NetEase for copyright and trademark violations | @AndroidPolice  https://buff.ly/2qhOHYa

VirnetX Awarded $502.6 Million in Fourth Jury Trial against Apple, as Exchange Continues | @ipwatchdog https://buff.ly/2JAbh6h

Microsoft Outlines Their Approach to IP | @ComputerWeekly https://buff.ly/2JKceZP

Are Telegram Turning a Blind Eye to Piracy? | @AndroidPolicehttps://buff.ly/2IUMEQv

Blocking Entire App Stores Would be the Most Dramatic Anti-piracy Act Yet | @BGR https://buff.ly/2JPSt2S

5 New Registered Trademarks for Apple in the US including: Animoji, Today at Apple, more | @PatentlyApple https://buff.ly/2EVh4jd

Apple Wins Patents for Devices with Foldable Displays and more | @PatentlyApple https://buff.ly/2vsP0UY

Samsung Patents its first “iPhone X clone” | @cultofmac https://buff.ly/2voO7ge

Facebook Recover Key Domains after Dispute | @IPProTIhttps://buff.ly/2JZfVuK

Oracle Own the Trade Mark to “JavaScript”, and They’re Not Afraid to Enforce it. | @TechRepublic https://buff.ly/2qIZI46

German FCJ declares AdBlock Plus Legal | @ipkat https://buff.ly/2JdFYgj

Susman Takes on Cisco Over Network Automation Patents | @TheRecorderNews https://buff.ly/2HezcXd

What Apple’s Curved iPhone Could Look Like In Concept Renders | @DesignTAXI https://buff.ly/2HikHBB

Apple’s Internal Memo Warning Employees Against Leaking Secrets Gets… Leaked | @designtaxi https://buff.ly/2JhinLP

Unstoppable Exploit in Nintendo Switch Opens door to Homebrew and Piracy | @TechCrunch https://buff.ly/2KaE2a3

Scientists Plan Huge European AI hub to Compete with US | @guardian  https://buff.ly/2Hm0yyO

Ford Looking to Patent a Car with Built-in Electric Motorcycle | @DigitalTrends https://buff.ly/2Km4gq9

Business

Nasdaq Options Trading Patents Challenged by Rival MIAX Exchange | @business https://buff.ly/2q3VsM2

Lufthansa Lands Successfully in UDRP dispute | @IPProTI  https://buff.ly/2qona6h

MillerCoors Respond to Stone Brewing’s lawsuit, labelling case as ‘Meritless’ | Brewbound.com https://buff.ly/2v7c1fR

Acrimonious split between Chef and Restaurant Chain Rumbles on in the Courts | @grubstreet https://buff.ly/2HaMZ4v

Trade Mark Company told to stop calling itself ‘Number One’ |  @LawSocietyGazet https://buff.ly/2JGRj9T

International

China Tightens Up Control over IP being Transferred out of the Country | @OpenGov_Asia https://buff.ly/2JjN2ZM

China launches WTO challenge against US Intellectual Property Tariffs | @ChannelNewsAsia https://buff.ly/2JZfNvg

China Drives International Patent Applications into Overdrive; Demand also Rising for Trademark and Industrial Design Protection | @WIPO https://buff.ly/2JoM1yM

China to Adopt System of Punitive Damages for Intellectual Property Rights Infringements | @usnews https://buff.ly/2qrDzYC

Why China is a Leader in Intellectual Property: an Excellent Run Down from BRINK | @BRINKNewsNow https://buff.ly/2vElUBW

15 specialised IP Tribunals Now Open for Business in China | LimeGreenIP News https://buff.ly/2KabrBo

Why is the U.S. accusing China of Stealing Intellectual Property? | @MarketWatch https://buff.ly/2qbEM5z

BlackBerry CEO predicts China will increase IP protections as it develops more of its own | @cnbc https://buff.ly/2uWfoX7

Shenzhen court issues written Judgment in Huawei v Samsung case | @Ipkat https://buff.ly/2JpRRAd

China’s Top Court Rules in Favour of Dior in Trade Mark Case https://buff.ly/2I0yuQS

European Commission Wants to Kill Off Thousands of .EU Web Domains due to Brexit | https://buff.ly/2GOgvJH

Protecting Trade Secrets in Europe | @ipwatchdog https://buff.ly/2IXVugf

Opinion: European Copyright Law Isn’t Great. It Could Soon Get a Lot Worse | @EFF https://buff.ly/2HpSeut

Brexit – European Commission Notice regarding .EU domain names | https://buff.ly/2K8agCy

Monsanto loses Indian legal battle over GM cotton patents | @stltodayhttps://buff.ly/2HfgcLn

In China, IP can be the difference between a rich writer and a poor writer | @ipkat https://buff.ly/2JE0WpT

“BLACK FRIDAY”: No longer a Trade Mark in Germany, Just a day for Special Shopping Deals | https://buff.ly/2qRBDbg

Canada’s new IP strategy Wisely Tackles Abuse of Patents and Trademarks | @globeandmail https://buff.ly/2I3cceY

At Home

UK Government Urged to Protect Intellectual Property Rights after Brexit | @Independent_ie https://buff.ly/2qjNKgY

IP and the British Digital Games Industry | @The_IPO https://buff.ly/2GzA38Q

What was the 1st ever UK patent? – https://buff.ly/2H5njqr

Protecting Design Post-Brexit – Some Small Steps in the Right Direction? | @Lexology https://buff.ly/2HUDpCY

Fashion

Versace Being Sued by an Indie British Brand Over Persistent “Pattern of Copying” | @TheFashionLaw https://buff.ly/2pNa2Ym

What is Really Going on in that Alleged Yeezy Trademark Battle | @TheFashionLaw https://buff.ly/2pyeg6F

Kendall, Kylie Jenner Vintage T-shirt Case Reaches Mediation | @TheFashionLaw https://buff.ly/2qb1Eln

“Off-White” Files Multi-Million Dollar Lawsuit against Counterfeiters | @TheFashionLaw https://buff.ly/2qczGpp

Virgil Abloh’s Off-White and the Power (and Problems) of a Ubiquitous Logo | @TheFashionLaw https://buff.ly/2EA19qd

Forever 21 Gets Flak For Possibly Copying Designer’s Typographic T-Shirt | @designtaxi https://buff.ly/2GHTufI

Levi Strauss sues Kenzo for trade mark infringement | @TheFashionLaw https://buff.ly/2qgiY8T

UGG manufacturer awarded $5m in design patent infringement case |  @WorldIPReview https://buff.ly/2qwfsZ1

Following the “Coty vs. Amazon” decision, another Luxury Brand has won a case against a Retailer, Stopping it from being Sold in their Store | @thefashionlaw https://buff.ly/2HMFQrk

The Relationship Between Luxury Resale and Luxury Brands is Rocky | @TheFashionLaw https://buff.ly/2v7B5U5

Almost 10 Years Later, Gucci and Guess Make Peace in Global Legal War | @TheFashionLaw https://buff.ly/2JZo0jd

Oregon Man Sentenced for Nike counterfeits, Selling Fakes Amongst Authentic Rare Shoes | @ipproTI https://buff.ly/2HnlRjy

Amazon Slapped with *Another* Counterfeiting Lawsuit Over Look-Alike, Sound-Alike Private Label https://buff.ly/2HhGMjZ

Bible Reference can’t save TM applicant in Under Armour Opposition | @WorldIPReview https://buff.ly/2qXkBt7

PopSugar Allegedly Stole, Tried to Monetize Millions of Influencer Photos | @TheFashionLaw https://buff.ly/2JQsUP8

Design

Free Masterclass Has Apple Logo Designer Rob Janoff | @designtaxi https://buff.ly/2pT3bNI

How do you Brand that which is “Brandless”? | @TheFashionLaw https://buff.ly/2EAsBV1

How The Coca-Cola Bottle Got Its Trademark Curvy Design | @designtaxi https://buff.ly/2HoOLMM

The Typefaces Behind Iconic Brands | @designtaxi https://buff.ly/2v78pdL

Culture

A Landslide of Classic Art Is About to Enter the Public Domain | @TheAtlantic https://buff.ly/2GHWggF

“The Man from Earth: Holocene” Producers Made $45,000 from Self-Pirating their Movie | @Variety https://buff.ly/2GKh8s1

Cleveland Indians to Stop Using Chief Wahoo Logo in 2019 | @ipwatchdoghttps://buff.ly/2Iry7vB

Behind its Laid-back Image, Coachella Aggressively Protects its Trademark | @latimes https://buff.ly/2v6xkhA

In-N-Out burgers sues Sydney upstart over name | @smh https://buff.ly/2qFm7z1

Amazon Charges Ahead With Priciest US $1 Billion ‘Lord Of The Rings’ Series | @designtaxi https://buff.ly/2qHfY5n

DJ Khaled is Trying to Trademark his Son’s Name | @NME https://buff.ly/2Hap5md

Nintendo’s New Patent Describes A Joyfully Weird Multi-Screen Game System | @FortuneMagazine https://buff.ly/2H20Er7

Sony sues Knee Deep Brewing Co. over ‘Breaking Bad’-inspired Beer | @sacbee_news https://buff.ly/2JTQfQ6

Everything Else

La Liga assist Belgian Pro League in their Goal to Defend against Piracy |@tbotweets https://buff.ly/2It0Ek2

Baseball-related Patents from more than a Century Ago | @BostonGlobehttps://buff.ly/2GPwMSY

Liverpool FC sues American Soccer Academy Red Slopes Soccer | @IPProTI https://buff.ly/2vlppNx

Fearless Girl to be Moved due to … Viability Concerns; Following a History of Copyright Complaints from the “Charging Bull” artist | @IPKat https://buff.ly/2qPR9VI

Craig Cosby: The Man America Needs to Stop The Counterfeiters? | @Forbes https://buff.ly/2qTlLG3

Inspired by Nature! Inventors look to Humpback Whales to make a more Efficient Wind Turbine | @ipwatchdog https://buff.ly/2HlC08V

Can you Protect a Tattoo with IP? | https://buff.ly/2HFbmHN

Piracy 3.0: The Good, the Bad and Kodi | @variety  https://buff.ly/2KcsoLF

Neil deGrasse Tyson Asks Court to End Ex-Business Partner’s Copyright Lawsuit | @THRhttps://buff.ly/2K0GYFY

Lionel Messi Scores Trademark Goal at EU Court | @businesshttps://buff.ly/2vQbNKo #WorldIPDay

LeBron James’ Company Sued for Trademark Infringement | https://buff.ly/2HRKXX5

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

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World of IP Round Up: April 2018 | was written by Dr. Martin Douglas Hendry

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