World of IP Round Up: July 2018 | Kit Kats and Londoners

World of IP Round Up

Nestlé’s Kit Kat Shape Mark Registration Breaks Under the Pressure of CJEU Review

There are few trade marks more infamous than the Kit Kat shape mark. This month, after court battles over the past 11 years – the CJEU confirmed it’s earlier opinion that the shape of KitKat had not been proven to have acquired enough distinctiveness across the entirety of the EU to garner an EUTM. (Though it was granted that there was not a requirement to submit evidence for each and every EU member state).

This result has a range of significant implications for non-conventional trade marks which will be explored further in a forthcoming piece from Lakmal Walawage.

Interestingly, enough Mondelez’s assertion that Kit Kat as a shape had not acquired distinctive character in any state of the EU was not proven. Instead it was that a lack of sufficient evidence provided for the entirety of the geographic scope that would be covered by an EUTM, that led to judgment.

This suggests that Nestlé may return in the future with a further consolidated attempt to register the mark.

BBC report on the decision.

Euractiv provide an in-depth detailing of the decision.

Coca-Cola win Energy Drink Colour Mark Case in Australia after Frucor Beverages Registration Mistake 

In a decision this month in Australia, Coca-Cola successfully opposed Fucor Beverages’ green colour mark – on the basis that 6 years prior when it was registered, Frucor had attached the incorrect colour swatch.

In addition to this, the Australian court found that the product itself being green, that the colour mark harboured descriptive qualities and as such could not act as a distinctive sign.

The Sydney Morning Herald provide an overview of this judgment.

Ex-Apple Employee Intercepted at Airport and Accused of Stealing Autonomous Vehicle IP

In the latest piece of trade secret litigation coming out of the US, an ex-Apple employee was charged by federal prosecutors for leaving the company with 40GB of IP that was transferred to his wife’s laptop.

This case comes at a time when US and Chinese relations over intellectual property have reached a flash-point.

Wired provided an in depth report on the story.

Nike Lose legal battle of “LDNR” campaign

Nike have lost a legal battle against premium active-wear label LNDR who successfully opposed NIKE’s “Nothing beats a Londoner” campaign.

The vibrant campaign, including such luminaries as Harry Kane and Skepta, was  pulled upon the receipt of LNDR’s complaint.

BBC provide an overview of the story.

Drapers offer a more in-depth fashion-centric view.

Changes to UK Trade Mark Registration on the Cards

Whilst Brexit is set to split the judiciary of the UK from the EU in due course – in other quarters, such as IP, further harmonisation has been confirmed.

One area in particular where this has been noted this month are UK The Trade Marks Regulations 2018 which implement the EU’s Trade Mark Directive of 2015 – which will come into force in January 2019.

This will extend the prior limits of what can be registered as trade marks – to those that cannot be represented graphically – amongst a host of other changes.

Out-Law provide an excellent overview of these changes here.

In addition to this, they look more closely at changes to the “own name defence”.

World of IP Round Up: The Best of the Rest

Technology

Forget Apple vs Samsung, an even bigger patent war has just begun | @WIRED https://buff.ly/2KGtPSi

AI Holds the Key to Better Trademark Enforcement | @CDOTrendshttps://buff.ly/2Njf6hV

Scammers abuse net domain languages https://buff.ly/2yMr800

Your domain name registrar may have made it impossible for people to contact you https://buff.ly/2yRXlTJ

Samsung “Anti SDE” Trademark Suggests New VR Display Tech Coming to Market https://buff.ly/2N2VLR0

“Jolly.com” UDRP: “Is someone trying to steal it from me?” – Domain Name Wire  https://buff.ly/2LfeYi7

Will Uber’s CEO still be able to save the brand’s image? @cnntechhttps://buff.ly/2NglQwa

Samsung trade mark “Samsung Speckle” in Europe, suggesting a new health offering… @BIUK https://buff.ly/2KYyJyq

OnePlus to trademark “Warp Charge” as possible rebrand of “Dash Charge” | https://buff.ly/2zNF76o

Walmart to launch Netflix rival under Vudu brand this year, says report | @CNET https://buff.ly/2uBnHoA

If Tesla’s brand is harmed in a material way, it’s ‘over’: Expert | @cnbchttps://buff.ly/2Ld4xzw

Samsung wants to trademark a magnetic beetle dial and what the heck is it? https://buff.ly/2A5v6lc

Nintendo sues LoveROMs for copyright and trademark infringement | @IPProTI ipprotheinternet.com https://buff.ly/2OgqLyG

Samsung Is Launching Its Highly-Anticipated Foldable Phone In 2019 | @designtaxi https://buff.ly/2uOB3hj

Intellectual property in an AI world | https://buff.ly/2OhxB6U

Koei Tecmo’s Patent Lawsuit Against Capcom Dismissed – https://buff.ly/2mOtymc

Business

Companies need intellectual property strategies which always keep the end-goal in mind @globeandmail https://buff.ly/2KEqjev

Trademark protection helps innovation and growth new study says https://buff.ly/2KOt9dG

How Aviva’s ‘Digital Garage’ is helping the insurance brand disrupt itself https://buff.ly/2lROoR5

Imitation: the sincerest form of flattery, or just plain trade mark infringement? https://buff.ly/2N9ztNU

Whisky brand Penderyn set to open site in North Wales https://buff.ly/2mbgIOw

Small pharma defeats big pharma in trademark dispute https://buff.ly/2KNGQ0s

Can You Trademark a Color?  @ipwatchdog https://buff.ly/2LdKr7p

What startups need to know about intellectual property | @techworldnews https://buff.ly/2NUmtg9

Truth is Stranger than Fiction: a Deep Dive behind #cockygate from @verge | https://buff.ly/2zPkLKa

How Lagunitas went from a modest kitchen stove to nationwide breweries | @DailyMirror https://buff.ly/2NtR5US

How your employees can – and must – protect intellectual property |  @globeandmail https://buff.ly/2LwgBYK

How Exhibitors Can Protect Their Intellectual Property at Trade Shows | https://buff.ly/2L4Zb9q

Attack of the clones: how Aldi gets away with mimicking big brands | https://buff.ly/2LezHXe

Trade Secrets Litigation Increasing In Digital Age | @business https://buff.ly/2A7Hm4I

How the “step-by-step” test led to different outcomes for Apple’s “Beats” trademark in Singapore and Australia – https://buff.ly/2LBPf6R

72% of CEOs admit they’ve taken intellectual property from a former employer – Help Net Security https://buff.ly/2LwHyyX

Comic-Con IP tussle rumbles on – https://buff.ly/2mSh8K9

Start-up Olaplex triumphs over L’Oréal in court case https://buff.ly/2LEaViH

International

France.com Inc. v OHIM: trade mark protection extended to the concept and sound of ‘France’ | @Ipkat https://buff.ly/2KnaZUh

Mast-Jägermeister takes stake in German gin brand https://buff.ly/2KUi5zf

European Parliament Rejects Starting Negotiations On Copyright Reform Proposal – Intellectual Property Watch https://buff.ly/2KPNZJF

(US) Federal Circuit Finds TTAB Erred In Determining Genericness of Coca-Cola’s “ZERO” Trademarks – https://buff.ly/2NArtWU

India sees huge surge in Intellectual Property rights applications https://buff.ly/2N0BD2g

Singapore parliament: More powers for customs officers to seize goods that infringe intellectual property rights https://buff.ly/2N0cqEW

Global Innovation Index 2018: China Breaks Into Top 20, US Drops Out Of Top 5 – Intellectual Property Watch https://buff.ly/2zucYRI

(US) Understanding trademark “fame” https://buff.ly/2LeYIOf

China refutes U.S. allegation on intellectual property issues @XHNewshttps://buff.ly/2KX5VWV

Yema Auto wins trademark case over Ford “Mustang” Chinese name translation | https://buff.ly/2LpiXZF

Chinese companies rush to register ‘Mbappe’ trademark | @globaltimesnews https://buff.ly/2Lo0rk8

[US] Red Hen Confusion Is a Trademark Lesson for All | https://buff.ly/2L25UAY

Europe plans “leading role” in 3D printing, intellectual property is a challenge | https://buff.ly/2L5hmMe

Golden Knights and U.S. Army settle trademark dispute | https://buff.ly/2uARU7j

[US] Texas A&M Wins Trademark Suit Against Soap Company In Washington State By Playing Six Degrees Of Trademark Licensing https://buff.ly/2JMd0nM

Saint Lucia hosts World Intellectual Property Organisation Meeting | https://buff.ly/2Lzu5Xb

The AG Opinion in Levola Hengelo: more questions than answers? | https://buff.ly/2A7CWuo

US intelligence says China’s intellectual theft continues albeit at “lower volumes” – https://buff.ly/2OfciD7

[US] Cannabis Industry Seeks Clarity in Intellectual Property Haze https://buff.ly/2AoW47u

At Home

Piracy level downs among younger consumers, reckons IPO stats pack  | Complete Music Update https://buff.ly/2MTC4va

Brexit: trade marks and designs – 10 things to know https://buff.ly/2Nczm4a

Trump trademark win after latest attack of Britain’s corporate clones https://buff.ly/2Nb59SR

Trademark applications in the UK double since 1995 | @ipprotihttps://buff.ly/2LgX7dO

Intellectual Property Office to become member to UK Anti Illicit Trade group | https://buff.ly/2L2Bv5I

The Rights And Wrongs Of IP Protections @LawNewsUKhttps://buff.ly/2L3jZym

IP firm “Cloch” fails in bid to trade mark the word “loch” | @heraldscotland https://buff.ly/2L8ZyzK

Government gives further reassurance of EU trade marks in the UK | https://buff.ly/2JQ1Yhd

Fashion

How Lululemon and Under Armour are saving the fashion industry | LinkedIn https://buff.ly/2Kr9UdY

A history of the bikini, a beloved innovation in fashion design https://buff.ly/2MKmt0Y

Gordon Brothers Acquires Bench Brand and Related Intellectual Property https://buff.ly/2KwCScx

Air Jordan sneaker doc is a brand story that’s not branded content https://buff.ly/2IW9NBR

America’s 15 most valuable fashion brands are worth nearly $70 billion combined — but one company dominates https://buff.ly/2zwnS9J

Amazon and its private labels: the once and future “frenemy” of brands? https://buff.ly/2KIDCLF

These are the most counterfeited trainers in the world. Here’s why https://buff.ly/2N248MR

Kroger Is Launching Its Own Fashion Brand https://buff.ly/2NDPlJt

How Two Young Ukrainian Revolutionaries Launched A Successful Fashion Brand https://buff.ly/2KMEbUJ

Fashion Lawyer Julie Zerbo Explains the Laws Behind Bootlegs https://buff.ly/2LGQuyN

First Images Of ‘Game Of Thrones’ x adidas’ Rumored Collaboration Have Surfaced – https://buff.ly/2KCkAXr

Uniqlo, Rakuten test brand power overseas | @japantimeshttps://buff.ly/2uzwBmD

After Recent Success in Europe, the Heel Turns: Christian Louboutin’s Red Sole is Not a Valid Trademark in India | https://buff.ly/2LsOSbj

Helly Hansen sues Off-White for trademark infringement | @FashionUnited https://buff.ly/2NtGMA6

Kim Kardashian’s KKW Fragrance Co. is Being Sued for “Intentionally Copying” Another’s Trademark | @TheFashionLaw https://buff.ly/2uyQidU

Charlotte Rogers: Burning clothes is a bad move for Burberry’s brand – Marketing Week https://buff.ly/2msHqCi

The concert T-shirt has a new competitor – restaurant merchandise | https://buff.ly/2Aa2JCj

Eminem’s Clothing Trademark Contested by Similarly Named Detroit Retailer | @billboard https://buff.ly/2mRPltd

Design and Branding

Best Global Brands 2016 @Interbrand https://buff.ly/2KrKAVp

Losing Your Brand Identity: How To Commit Trademark Genericide Without Really Trying https://buff.ly/2tZi8iw

How To Make Your Brand Stand Out Like Big Brands | https://buff.ly/2lMXIFU

How Nike & Reebok Branded Their Websites In Accordance With Their Logo Designs https://buff.ly/2KLZamw

Absa has trademarked a new logo https://buff.ly/2KRmpPq

Executing An Experience: Maintaining Brand And Product Quality On An International Scale https://buff.ly/2N0kK7x

Are telecoms companies losing the brand battle?  https://buff.ly/2KK9boD

With Schultz Out, Starbucks Must Consider These 5 Elements of Its Brand Story https://buff.ly/2NGbTcE

‘IHOb’ Is Now Back To IHOP, Says Rebrand Was All Part Of Clever Marketing Stunt – DesignTAXI.com https://buff.ly/2mcT8kr

The 10 Brands Gen Z & Millennials Trust Most | @Ypulsehttps://buff.ly/2mBznTU

Logo Mania Returns: Branding for the Instagram Generation | https://buff.ly/2LMxAWU

How to ensure your brand survives through 2020 | https://buff.ly/2Ocnro2

McDonald’s CEO: We are not trying to take the brand upmarket https://buff.ly/2Olvz5B

Culture

World Cup mania a boon for counterfeiters | https://buff.ly/2IMRA9I

Anyone for tennis? Serving the Wimbledon brand – Intellectual Property Office blog https://buff.ly/2lVJGBQ

Conor McGregor wants to be ‘The Green Back’ for Europe https://buff.ly/2Ky0bCU

Roger Federer fans could be left fuming if Nike make this UNIQLO decision  –https://buff.ly/2NqA5zv

Adidas, Three, Budweiser, Snapchat: even more World Cup brand action https://buff.ly/2J6O3mS

Jimmy Buffett Cashes in on ‘Margaritaville’ Brand With Restaurants, Spirits, More https://buff.ly/2m6CQJV

Oprah Winfrey gets frank in motion to throw out ‘frivolous’ lawsuit claiming copyright infringement https://buff.ly/2JfgleZ

Snoop Dogg takes down opponent in UK trademark dispute | @IPProTIhttps://buff.ly/2O312K2

Company sues Taylor Swift for allegedly stealing business name | @newyorkpost https://buff.ly/2Lhm8qh

Now it looks like Disney will acquire Fox – what will the Marvel MCU look like with Fox’s IP? |  https://buff.ly/2mBzHC6

Road Rover Rumors Fueled By Recent Trademark Filing | https://buff.ly/2mES4WG

Everything Else

Epic and Eddyline Breweries Settle Nasty Trademark Dispute | @DenverWestword https://buff.ly/2IPQfPu

Volvo announces M mobility brand to rival Volkswagen’s Moia | https://buff.ly/2z93mvr

Enforce Your Trademarks Now Or You Might Be The Next Red Hen https://buff.ly/2lFzJZ8

Nintendo Trademark Sparks GameCube Classic Edition Rumor https://buff.ly/2KzqSXG

The Evolution of Bicycles: A Patent History – https://buff.ly/2KUVlyP

Historic beer brand to return to city https://buff.ly/2KQF92k

[US] Pierogi festivals settle over trademark dispute https://buff.ly/2NnRqrQ

UKIPO dismisses Mango trademark appeal | @WorldIPReviewhttps://buff.ly/2Lm5u8d

Protecting Intellectual Property: An Important Step for Pet Brands | https://buff.ly/2L24l64

Cat Fight! How These Inventors Beat the Counterfeiters That Nearly Destroyed Their Company. https://buff.ly/2J8xxm5

[USA] Trademark troll who claims to own “Dragon Slayer” now wants exclusive rights to book covers where someone is holding a weapon | @BoingBoing https://buff.ly/2JD1aw8

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

To contact our team of intellectual property solicitors please call:

📞 0113 237 9900

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World of IP Round Up: July 2018 | Kit Kats and Londoners was written by Dr. Martin Douglas Hendry

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