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


Sony’s push into entertainment aims for stability, not splashiness | @Reuters

Apple Patents Its Flexible, ‘Living Hinge’ Design For The MacBook | @designtaxi

Nikon registers NOCT trademark for cameras, lenses | @camerajabber

GDPR risks ‘helping hackers hide from law’ | @BBCNews

New trade mark all but confirms hotly anticipated game before E3 | @ComicBook

Pentagram creates ever-evolving brand identity for tech company Cytora | @dezeen

The Official Apple Trademark for ‘macOS Mojave’ Surfaces at USPTO … | @PatentlyApple

Dangerous counterfeit electric goods sold on Amazon and eBay, research says | @guardian

Fitbit Employees Charged With Having Stolen Trade Secrets | @CBS

Dropbox’s patent filings could hold clues to mystery stock surge | @TheStreet

DJI registers a new trademark ‘POCA’ in the camera gimbals category | @DroneDJ

Samsung’s ‘World’s First’ Foldable Smartphone Could Cost Double The iPhone X –

Apple granted a Registered Trademark for ‘Face ID’

‘EU Blockathon’ hopes to find a solution to eliminate counterfeits

Amazon overtakes Apple as the most valuable American brand, claims Brand Finance

Unilever Says No More Fake Followers and Bots. Influencers Cheer, and Question the Future


Toys R Us is selling its name, Geoffrey the Giraffe, and domain names including to pay off its debt | @businessinsider

Transforming a legacy brand via the power of purpose | @Salon

With deal to close this week, Bayer to retire Monsanto name | @Reuters

The other way to settle a dispute… SembMarine to buy Sevan Marine’s intellectual property in US$28m deal to end legal dispute | @BusinessTimes

CEOs can do more to boost brand purpose | @WARCEditors

Post-it Notes maker sticks it to F1 in row over trademark | @Telegraph

Tayto adds English snack brand to growing portfolio | @TheIrishTimesLI

TK Maxx drags Sports Direct to court over Brand Max trademark infringement – Retail Gazette | @retailgazette

How This Company Used Instagram Marketing To Become A Leading Fitness Brand | @Forbes

Coke’s Bid for ‘Zero’ Trademark Tossed Back on Dr. Pepper Appeal | @business

Play-Doh Scent Registration May Serve As Trademark Model | @business


EU launches legal case against China’s legislation concerning the ownership or usage rights of IP | @goveuropa

(India) Metro Shoes Files A Trademark Infringement Case Against Flipkart over “Metronaut” brand | @inc24

Apple and China to kill Intellectual Property? | @DanielNenni

Alibaba and Kantar Join Forces to Redefine Brand-Building in Chinese Market | @Adweek

European Firms See Progress But Still Unequal Treatment in China | @business

Maker of innovative roller system alleges Benton Energy stole trade secrets | Louisiana Record

Bethesda sues Warner Bros, calls its Westworld game ‘blatant rip-off’ of Fallout Shelter

Peter Navarro: US will defend against threats to its tech

EU court: ‘’ is not a valid EU trademark |

Experts stress on integrating Intellectual Property Rights in govt policies

Trump Decides Against Harshest Measures on China Investments

At Home

Ssshhh!! … Stronger Protection For Trade Secrets Is On The Way | @LawNewsUK

Shock at disappearing Clydesdale brand | @thetimes


Walking away as the water rises… T-shirt maker sinks rival with dubious trademark of 150-year-old nautical icon | @arstechnica

TJ Swim: Student Tara Jane created million-dollar bikini brand | @newsdotcomau

H&M is launching a multi-brand outlet store | @BazaarUK

The Kate Spade brand became a household name because it did something other brands didn’t |  @BIUK

High Street store sold Fred Perry fakes | @BBCNews

Italy’s luxury brand Prada paves way for family succession: CEO | @BIUK

Move Over adidas, Levi’s is the New Trademark “Bully,” Per Barbour Lawsuit | @TheFashionLaw

H&M’s new millennial-focused brand is taking a page out of Kanye West’s playbook | @businessinsider

Last Month Nike Won Rights to the Names of 20 Counterfeit Sites | @FootwearNews

Navy accuses Nike of infringement with this extremely similar logo | @SBNation

Breaking: Ralph Lauren’s ‘Polo’ mark has enhanced distinctiveness, says EU court @worldipreview

Sportswear brand Castore raises £3.2m investment for global expansion

Kering is Shuttering Tomas Maier’s Brand But His Trademark Lives On (And That’s Important)

Why beauty brand Glossier is ripping up the marketing playbook

What is the State of Luxury’s Hundred Million Dollar Licensing Deals?

Off-White’s Logo Discovered To Be Spitting Image Of Airport’s Branding From 1965 –

Google retires DoubleClick, AdWords brand names | Reuters

Design and Branding

You’ve heard of these brand names, but do you know what they mean? | @BIUK via @MarksmenTweets

Play-Doh smell, The Warehouse jingle and other peculiar trademarks | @nzherald

Cannes Lions Names Spotify Its First Media Brand of the Year | @Adweek

Brand Brilliance: Coke Launches World Cup Campaign, With Numbered Cans to Share Your Score Predictions | @adweek

How Thinking Like a D2C Brand Can Improve Consumer Relationships @Adweek

Ogilvy Rebrands With New Identity & Logo After 70 Years | @designtaxi

Who has the most valuable brand in the world? | @designtaxi

What trends can for logo design can we expect in 2018? | @designtaxi

Bacardi’s £12m marketing push to launch its brand purpose | @MarketingWeekEd

Brand strategy will beat serendipity on Twitter at World Cup | @FastCompany

House of Fraser’s brand perception is in decline | @CityAM

What Happens When People and Companies Are Both Just ‘Brands’? | @nytimes

Brand Protection: To Compete with Amazon, Big-Name Consumer Brands Have to Become More Like It | @hbr

Toys ‘R’ Us says more than 115 companies interested in brand | @newyorkpost

Infographic: How Typography And Colors Influence Consumers | @designtaxi

Beautiful Collection Of Logos From Real-World Brands To Fuel Your Creativity @designtaxi


BMW Trademark For “Boat Tail” Could Hint At Bespoke Rolls-Royce | @Motor1com

Why Brandalism Has Become A Luxury Brand’s New Best Friend | @forbes

Gaming group “Fazed” at apparel company’s assertion of trade mark rights | @ipproti

‘Happytime Murders’ Producers Respond To ‘Sesame Street’ Lawsuit With Actual Puppet Lawyer

Porsche at 70: the story behind their best-loved designs | @CNN

UEFA Champions League refreshes brand identity | @uefa

McLaren CEO: Hypercars are priceless brand builders | @Automotive_News

Fake meat’s brand identity is too squishy | @ft

Are Social Media Influencers The Next-Generation Brand Ambassadors? | @forbes

Gatorade Remains The Sports Fuel Company After A Trademark Win On Fair Use Grounds | @forbes

Warner Bros. sparks outrage with crackdown on Harry Potter fan events | @standardnews

From Russia with Brand love | @opinium_social

Mercedes applies for ‘C 53’ trademark

Lingard shows off trademark ‘JLingz’ celebration after first World Cup goal  | @TheSun

PopSugar is Being Sued for Millions of Dollars for Stealing Influencers’ Imagery

Everything Else

Poundland and Thameslink in chocolate tweet spat | @SkyNews

Was this trade mark registration a bit too “cocky”? @IPProTI

Genericide. Is “CrossFit” under risk? | @inventa_com

How IP can add value to your business | @wilmingtonbiz

Law professor fights company’s claim to ‘Rapunzel’ trademark | @leaderpost

Illicit wine and spirits trade costs EU €2.7bn | @spiritsbusiness

Battle of the brands: Wendy’s responds to IHOP name change in typical Wendy’s style | @todayng

Burger King Whoops IHOP With ‘Pancake King’ Logo And A Thick Chunk Of Beef Petty | @designtaxi

Shipyard Brewing loses trademark lawsuit

Yolo Rum Trademark Issued After 5 1/2 Year Process

Voodoo Brewery Changes Beer Name By Dipping It In Snark In Response To Pitt Trademark C&D

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

Please subscribe to our newsletter below to receive updates from our IP experts directly to your inbox.

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

You may also like...