World of IP Round Up: June 2018 | A Brave New World?

World of IP Round-Up June: A Brave New World?

June was a month filled with IP intrigue. As the world of business got to grips with the new GDPR and trade secrets regimes – there were a range of other headlines that piqued the interest of IP professionals and the general public alike. Of particular note were two decisions – the first relating to the infamous Louboutin “red sole” trade mark – and the second to do with who is liable to pay for injunctions online (e.g. blocking websites.) Without further ado – here’s a round-up of all of June’s news.

World of IP Round Up: The Big Ones

Louboutin Walking Tall after CJEU Decision

There are some trade marks which have an aura of infamy in IP circles Whether it’s the shape of a Kit Kat, the stripes on Adidas’ trainers or (as in this case) the red sole of a Louboutin stiletto shoe. These trade marks represent some of the most interesting case law and perhaps some of the most interesting applications of Intellectual Property law. In cases such as these, there remains the question – is such a thing enforceable as a trade mark?

After much ado across a range of different jurisdictions the CJEU court determined that Louboutin’s trade mark was valid – because whilst it in practice refers to a colour applied to the distinctive sole of a shoe – it is only registered as a colour (and only seeks to protect this colour). In theory this grants Louboutin an incredible amount of protection when it comes to shoes with coloured soles. We looked at the ramifications of this in our post here – but it was (like the shoes) all the rage in the news cycle.

IPKat announce the decision on their popular blog.

The Straits Times offer their take on the decision.

The Times of London report on the significance of the victory for Louboutin’s ongoing development.

And the Fashion Law blog look at the impact of colour when it comes to brand in light of the decision.

In the UK ISPs Can Say “You Want this to Go Away? You Pay!”

Another massive decision was handed down this month in the UK’s Supreme Court. Jeweler Cartier had challenged BT and other internet service providers that it was unfair for victims of infringement to have to pay to take down websites where counterfeits were being sold – for example.

The Supreme Court decided however that, given that the majority of sites where digital piracy was taking place were already restricted, that it would be disproportionate for ISPs such as BT to suffer the costs of taking down sites where infringing activities were taking place.

The Telegraph reports on this.

The Times of London offer their report.

Apple vs. Samsung: Peace (for now)

Finally, never have any businesses commanded as many column inches over an IP dispute as the perpetual patent ruckus between Apple and Samsung. Both companies, as hotbeds of innovation, have been duelling over patents that underlie their popular smartphones for the last seven years – whilst end users looked on bemused.

Finally a “ceasefire” of legal bombardment has been agreed between the warring companies – bringing to  rest a disagreement borne of Steve Jobs’ indignation at the Korean giants’ devices and software.

Bloomberg offer a comprehensive run-down.

World of IP Round Up: The Best of the Rest

Technology

Sony’s push into entertainment aims for stability, not splashiness | @Reuters https://buff.ly/2swcuDY

Apple Patents Its Flexible, ‘Living Hinge’ Design For The MacBook | @designtaxi https://buff.ly/2kGIgdC

Nikon registers NOCT trademark for cameras, lenses | @camerajabberhttps://buff.ly/2sFuV90

GDPR risks ‘helping hackers hide from law’ | @BBCNewshttps://buff.ly/2JdajzA

New trade mark all but confirms hotly anticipated game before E3 | @ComicBookhttps://buff.ly/2M51KFA

Pentagram creates ever-evolving brand identity for tech company Cytora | @dezeen https://buff.ly/2LrzSKm

The Official Apple Trademark for ‘macOS Mojave’ Surfaces at USPTO … | @PatentlyApple https://buff.ly/2LFmH8Z

Dangerous counterfeit electric goods sold on Amazon and eBay, research says | @guardian https://buff.ly/2JfzrGq

Fitbit Employees Charged With Having Stolen Trade Secrets | @CBShttps://buff.ly/2M1PDrM

Dropbox’s patent filings could hold clues to mystery stock surge | @TheStreet https://buff.ly/2JVgaqe

DJI registers a new trademark ‘POCA’ in the camera gimbals category | @DroneDJ https://buff.ly/2lmvBgg

Samsung’s ‘World’s First’ Foldable Smartphone Could Cost Double The iPhone X – DesignTAXI.com https://buff.ly/2ytdFKA

Apple granted a Registered Trademark for ‘Face ID’ https://buff.ly/2Kl8ZI3

‘EU Blockathon’ hopes to find a solution to eliminate counterfeits https://buff.ly/2txntOH

Amazon overtakes Apple as the most valuable American brand, claims Brand Finance https://buff.ly/2Iz8WGP

Unilever Says No More Fake Followers and Bots. Influencers Cheer, and Question the Future https://buff.ly/2yQC9Oa

Business

Toys R Us is selling its name, Geoffrey the Giraffe, and domain names including sex-toys-r-us.com to pay off its debt | @businessinsiderhttps://buff.ly/2JiyRXH

Transforming a legacy brand via the power of purpose | @Salonhttps://buff.ly/2Hh2u6A

With deal to close this week, Bayer to retire Monsanto name | @Reutershttps://buff.ly/2M72lGx

The other way to settle a dispute… SembMarine to buy Sevan Marine’s intellectual property in US$28m deal to end legal dispute | @BusinessTimes https://buff.ly/2sGv11e

CEOs can do more to boost brand purpose | @WARCEditorshttps://buff.ly/2y6QwNA

Post-it Notes maker sticks it to F1 in row over trademark | @Telegraphhttps://buff.ly/2l48uXJ

Tayto adds English snack brand to growing portfolio | @TheIrishTimesLIhttps://buff.ly/2JE9Siv

TK Maxx drags Sports Direct to court over Brand Max trademark infringement – Retail Gazette | @retailgazette https://buff.ly/2tfVaTW

How This Company Used Instagram Marketing To Become A Leading Fitness Brand | @Forbes https://buff.ly/2lmEJlr

Coke’s Bid for ‘Zero’ Trademark Tossed Back on Dr. Pepper Appeal | @business https://buff.ly/2tFHPET

Play-Doh Scent Registration May Serve As Trademark Model | @businesshttps://buff.ly/2I3bHzT

International

EU launches legal case against China’s legislation concerning the ownership or usage rights of IP | @goveuropa https://buff.ly/2M0l9XX

(India) Metro Shoes Files A Trademark Infringement Case Against Flipkart over “Metronaut” brand | @inc24 https://buff.ly/2sQbb2O

Apple and China to kill Intellectual Property? | @DanielNennihttps://buff.ly/2I3Dpg8

Alibaba and Kantar Join Forces to Redefine Brand-Building in Chinese Market | @Adweek https://buff.ly/2tzYauq

European Firms See Progress But Still Unequal Treatment in China | @business https://buff.ly/2yB3gfZ

Maker of innovative roller system alleges Benton Energy stole trade secrets | Louisiana Record https://buff.ly/2yJD6rs

Bethesda sues Warner Bros, calls its Westworld game ‘blatant rip-off’ of Fallout Shelter https://buff.ly/2lvlKFm

Peter Navarro: US will defend against threats to its tech https://buff.ly/2KpSgq8

EU court: ‘France.com’ is not a valid EU trademark | https://buff.ly/2KoGVGV

Experts stress on integrating Intellectual Property Rights in govt policies https://buff.ly/2IwXUli

Trump Decides Against Harshest Measures on China Investments https://buff.ly/2KepTw1

At Home

Ssshhh!! … Stronger Protection For Trade Secrets Is On The Way | @LawNewsUK https://buff.ly/2y1La6h

Shock at disappearing Clydesdale brand | @thetimeshttps://buff.ly/2M5m2ha

Fashion

Walking away as the water rises… T-shirt maker sinks rival with dubious trademark of 150-year-old nautical icon | @arstechnicahttps://buff.ly/2LNeZdO

TJ Swim: Student Tara Jane created million-dollar bikini brand | @newsdotcomau https://buff.ly/2kK2O55

H&M is launching a multi-brand outlet store | @BazaarUKhttps://buff.ly/2JaeInt

The Kate Spade brand became a household name because it did something other brands didn’t |  @BIUK https://buff.ly/2xLTOWJ

High Street store sold Fred Perry fakes | @BBCNewshttps://buff.ly/2Lrrr1W

Italy’s luxury brand Prada paves way for family succession: CEO | @BIUKhttps://buff.ly/2l0zuYf

Move Over adidas, Levi’s is the New Trademark “Bully,” Per Barbour Lawsuit | @TheFashionLaw https://buff.ly/2sVyzM8

H&M’s new millennial-focused brand is taking a page out of Kanye West’s playbook | @businessinsider https://buff.ly/2t8Ms9W

Last Month Nike Won Rights to the Names of 20 Counterfeit Sites | @FootwearNews https://buff.ly/2IKXI37

Navy accuses Nike of infringement with this extremely similar logo | @SBNation https://buff.ly/2MwGjx5

Breaking: Ralph Lauren’s ‘Polo’ mark has enhanced distinctiveness, says EU court @worldipreview https://buff.ly/2yxHglQ

Sportswear brand Castore raises £3.2m investment for global expansion https://buff.ly/2lyInbF

Kering is Shuttering Tomas Maier’s Brand But His Trademark Lives On (And That’s Important) https://buff.ly/2KqHhgj

Why beauty brand Glossier is ripping up the marketing playbook https://buff.ly/2KjjhvC

What is the State of Luxury’s Hundred Million Dollar Licensing Deals? https://buff.ly/2Ik3oAQ

Off-White’s Logo Discovered To Be Spitting Image Of Airport’s Branding From 1965 – DesignTAXI.com https://buff.ly/2KoJicN

Google retires DoubleClick, AdWords brand names | Reuters https://buff.ly/2txMEAK

Design and Branding

You’ve heard of these brand names, but do you know what they mean? | @BIUK via @MarksmenTweets https://buff.ly/2sxp1rw

Play-Doh smell, The Warehouse jingle and other peculiar trademarks | @nzherald https://buff.ly/2M5BuKW

Cannes Lions Names Spotify Its First Media Brand of the Year | @Adweekhttps://buff.ly/2svWUck

Brand Brilliance: Coke Launches World Cup Campaign, With Numbered Cans to Share Your Score Predictions | @adweek https://buff.ly/2HrSR5d

How Thinking Like a D2C Brand Can Improve Consumer Relationships @Adweek https://buff.ly/2JqDsEl

Ogilvy Rebrands With New Identity & Logo After 70 Years | @designtaxi https://buff.ly/2JoV03H

Who has the most valuable brand in the world? | @designtaxi https://buff.ly/2J3TOlT

What trends can for logo design can we expect in 2018? | @designtaxihttps://buff.ly/2kFJEgO

Bacardi’s £12m marketing push to launch its brand purpose | @MarketingWeekEd https://buff.ly/2sOGbQJ

Brand strategy will beat serendipity on Twitter at World Cup | @FastCompany https://buff.ly/2y2Nbzp

House of Fraser’s brand perception is in decline | @CityAMhttps://buff.ly/2MnQfsJ

What Happens When People and Companies Are Both Just ‘Brands’? | @nytimes https://buff.ly/2sZaIMp

Brand Protection: To Compete with Amazon, Big-Name Consumer Brands Have to Become More Like It | @hbr https://buff.ly/2HOwoj1

Toys ‘R’ Us says more than 115 companies interested in brand | @newyorkpost https://buff.ly/2ttHMMj

Infographic: How Typography And Colors Influence Consumers | @designtaxi https://buff.ly/2llyb6c

Beautiful Collection Of Logos From Real-World Brands To Fuel Your Creativity @designtaxi https://buff.ly/2Iuewdz

Culture

BMW Trademark For “Boat Tail” Could Hint At Bespoke Rolls-Royce | @Motor1com https://buff.ly/2LdVARY

Why Brandalism Has Become A Luxury Brand’s New Best Friend | @forbes https://buff.ly/2kNf7ha

Gaming group “Fazed” at apparel company’s assertion of trade mark rights | @ipproti  https://buff.ly/2xIDJki

‘Happytime Murders’ Producers Respond To ‘Sesame Street’ Lawsuit With Actual Puppet Lawyer https://buff.ly/2Jx4bSF

Porsche at 70: the story behind their best-loved designs | @CNNhttps://buff.ly/2Lv7M1a

UEFA Champions League refreshes brand identity | @uefahttps://buff.ly/2M7mi00

McLaren CEO: Hypercars are priceless brand builders | @Automotive_News https://buff.ly/2xWrAIG

Fake meat’s brand identity is too squishy | @ft  https://buff.ly/2Mnid80

Are Social Media Influencers The Next-Generation Brand Ambassadors? | @forbes https://buff.ly/2LIF5xJ

Gatorade Remains The Sports Fuel Company After A Trademark Win On Fair Use Grounds | @forbes  https://buff.ly/2JPBvVZ

Warner Bros. sparks outrage with crackdown on Harry Potter fan events | @standardnews https://buff.ly/2timLnD

From Russia with Brand love | @opinium_social https://buff.ly/2lug5PF

Mercedes applies for ‘C 53’ trademark https://buff.ly/2IsuhBN

Lingard shows off trademark ‘JLingz’ celebration after first World Cup goal  | @TheSun https://buff.ly/2tDvqkN

PopSugar is Being Sued for Millions of Dollars for Stealing Influencers’ Imagery https://buff.ly/2KlqMlz

Everything Else

Poundland and Thameslink in chocolate tweet spat | @SkyNewshttps://buff.ly/2st3nnj

Was this trade mark registration a bit too “cocky”? @IPProTIhttps://buff.ly/2M13Ndx

Genericide. Is “CrossFit” under risk? | @inventa_comhttps://buff.ly/2LYUhYG

How IP can add value to your business | @wilmingtonbiz  https://buff.ly/2Jj2TYf

Law professor fights company’s claim to ‘Rapunzel’ trademark | @leaderpost https://buff.ly/2LWBMUF

Illicit wine and spirits trade costs EU €2.7bn | @spiritsbusinesshttps://buff.ly/2y4jOg3

Battle of the brands: Wendy’s responds to IHOP name change in typical Wendy’s style | @todayng https://buff.ly/2JDLwS4

Burger King Whoops IHOP With ‘Pancake King’ Logo And A Thick Chunk Of Beef Petty | @designtaxi https://buff.ly/2y9brzG

Shipyard Brewing loses trademark lawsuit https://buff.ly/2tMRx8m

Yolo Rum Trademark Issued After 5 1/2 Year Process https://buff.ly/2yRyq2H

Voodoo Brewery Changes Beer Name By Dipping It In Snark In Response To Pitt Trademark C&D https://buff.ly/2tO8v6b

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

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World of IP Round Up: June 2018 | A Brave New World? was written by Dr. Martin Douglas Hendry

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