World of IP Round Up: March 2018 | The US and China Square Off Over IP

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World of IP Round Up: March 2018 | The US and China Square Off Over IP

World of IP Round Up: March 2018 | The US and China Square Off Over IP

 

In the World of IP, a lot can happen in a month.

March was no exception, with the a couple of big clashes and a trade war seemingly averted over the course month.

Without further ado, here’s all the news from the World of IP.

 

World of IP Round Up: The Big Ones

The US and China Square off Over IP

The biggest story of the month was the continuation of tensions rising between the United States of America and China. In recent times, China have demonstrated an pro-active attitude toward IP and have been rapidly accelerating their progress in a number of key areas of innovation. In tandem with this sharp progress has been long-standing accusations of state-sponsored intellectual property theft via a number of means. Over the course of March, the United States (coinciding with a number of more assertive stances on trade) appeared to take the view that this unfair activity could be addressed by implementing strong tariffs against Chinese imports. At the end of the month it now appears that this potential trade war has been averted, with China offering a range of assurances to the wider community to redress the balance. Although, nothing is certain…

  1. Read the Coindesk report explaining how Chinese universities are actively pursuing a range of blockchain patents
  2. QZ report that China have also made strides past the US in relation to deep-learning patents
  3. Business Insider UK report on the importance of IP, in particular, in the emerging dispute between the US and China
  4. CNN Money produce a detailed report on alleged Chinese IP theft in the US
  6. Bloomberg View reported that unilateral actions against China for their IP practices could backfire on the US
  7. Read the Reuters report detailing Chinas’ statement on improving intellectual property protection in light of these claims
  8. The Lowy Institute offered an in-depth review of the position of the US and China in relation to Intellectual Property

As Brexit Rumbles on, the UK’s position on IP draws attention and concern

It’s a bit of a worn drum to state that the one thing about Brexit that is certain, is nothing is certain. Nonetheless as the UK’s exit from the EU approaches, the material conditions for IP are becoming an ever more urgent concern for businesses. However, this month offered some reassuring overtures and results from the government who not only addressed IP directly in recent speeches, but also agreed strong protectons in principle moving forward. In particular, there is good news in relation to trade mark and design protections registered in the EU – which (it looks) will still offer coverage in the UK after Brexit.

  1. Many have been concerned that the UK government have been overlooking IP protection post-Brexit
  2. CityAM suggest that Brexit might be the opportunity the UK needs to thrive on it’s R+D culture
  3. CITMA happily report that IP was a central feature of the Government’s Recent Brexit Speech
  4. World IP Review reports on the positive agreements made in Brexit negotiations for designs and trade marks

Adidas walk away with incredible protection over their “three stripes” mark whereas Crocs’ registered design kicked to the curb

In less auspicious news – the world of shoes was rocked with two IP judgements. Firstly, adidas found themselves receiving a favourable judgment in relation to their iconic “three stripe” mark. Namely, in a case brought against a company who had applied two stripes to their shoes, adidas were found to be correct in their charge of trade mark infringement. As a result adidas might now be able to strongly pressure anyone who deigns to affix any number of stripes on their shoes!

During the same month, the protection around the equally iconic “Croc” has been been revoked, on account of it being in use prior to it being registered. What might this mean for Crocs? Will we see thousands of new legitimate imitators, or will Crocs release a new and innovative design? It remains to be seen.

  1. The New York Times report on adidas’ win in the “Three Stripes” case
  2. World Trade Mark Review Magazine ask, does adidas enjoy “hyperprotection” over stripes on shoes as a consequence of this win?
  3. The General Court confirm the cancellation of Crocs’ registered design.

 

World of IP Round Up: The Best of the Rest

American companies decry EU geographical marks like “GI Parmigiano Reggiano” from stopping US brands selling products under those names | @ipwatch https://buff.ly/2FAdHmd

When launching a website, there are a few IP pitfalls to avoid | https://buff.ly/2oK61mT

Nintendo Files A New Trademark On Animal Crossing – new game on the way? | @bleedingcool https://buff.ly/2HWxLgX

Your Company’s Real Value Is Hiding in Plain Sight. Here’s How to Find It | @inc https://buff.ly/2Fe30p8

Start-up raises $10m to make video piracy impossible, launching legitimate torrent network | @FinancialReview https://buff.ly/2FeHNYU

Flaunting Logos Is Making A Fashion Comeback | @Forbes  https://buff.ly/2Fogj6l

Lacoste Replaces Its Iconic Alligator Logo To Shed Light On Endangered Species | @designtaxi https://buff.ly/2FTH68B

Tommy Hilfiger blocks “Tommy Heritage” from being registered at the UKIPO | @WorldIPReview https://buff.ly/2FgnOZT

Aussie brewer trademarks the colour of beer. Serious precedent or marketing stunt? | @smh https://buff.ly/2tnrmYS

Dating app Tinder patents it’s unique mechanics amongst rumours of Bumble aquisition | @axios https://buff.ly/2FtpC5a

Then, Tinder suing Bumble in the US for patent infringement, trade mark infringement, and trade dress | @WorldIPReview https://buff.ly/2GLdJFR

Innovative use of a trade mark – McDonalds directing traffic to their outlets using their Golden Arches | @designtaxi https://buff.ly/2FhWDxQ

Vivienne Westwood makes startling admission after copying independent designers | @WorldIPReview https://buff.ly/2FiAIGL

BlackBerry sues Facebook for violating messaging patents | @engadgethttps://buff.ly/2G5bLQw

PepsiCo knock out Teng Yun International UK’s similar mark | @WorldIPReview https://buff.ly/2FiYyGx

Fair play? Owners of Dulwich Hamlet ground kick the team out of their 125 year old home – then register trade marks to stop the team using their name! | @Independent https://buff.ly/2Flw2Uw

A Samsung Galaxy phone with a foldable design? This patent suggests it could be on the way | @valuewalk https://buff.ly/2oNPrTM

US Federal investigators find an increasing number of popular products sold by Walmart and Amazon are counterfeit | @CBSNewshttps://buff.ly/2FCVowB

Woman in Spain arrested for selling a large array of counterfeit Harry Potter goods | @WorldIPReview https://buff.ly/2FvTLxz

Amazon stop selling “Google Chromecast” and then appear to offer copycat alternatives | @WTRmagazine https://buff.ly/2G3Fhpz

Eddie Van Halen Files to Halt Sale of Unreleased Studio Footage | @Loudwire https://buff.ly/2G9MOU0

Free-wheeling inventor learns the hard way about protecting patents | @thecolumbian https://buff.ly/2GhzRY7

POW Entertainment Tries to Register ‘Stan Lee’ Trademark Again |@bleedingcool https://buff.ly/2Gh5ktI

Patent reveals Paypal might expand in to cryptocurrencies | @PatentLawyerMaghttps://buff.ly/2DjPb3u

Amazon respond to claims of being ‘complicit’ to counterfeit goods | @TBOtweetshttps://buff.ly/2FtEfWV

Owner of Blue Ivy trade mark proposed selling mark and business to Beyoncé for $10million. | @DailyMail https://buff.ly/2tySAf2

H&M files complaint for declaratory judgment against graffiti artist, whose work was used in their campaign | @WorldIPReview https://buff.ly/2HvXYBJ

Copycat products: ‘living dangerously’ with intellectual property | @ConversationUK https://buff.ly/2pczbfF

Orange or Orange? The importance of trade mark protection | @Lexology https://buff.ly/2tHpFWr

UK to allow ‘moving image’ trade marks | https://buff.ly/2tDoUgQ

Snap Interactive, quietly settling with Snap over trademark infringement, changes name to PeerStream | @techcrunch https://buff.ly/2HzCbJM

Blockchain For Lawyers – how would it work? | @ArtificialLawya https://buff.ly/2ph5klt

Handbags at dawn! Case between Cult Gaia and Steve Madden hots up in US | @TheFashionLaw https://buff.ly/2pcKgw8

Can you hear the drums, Fernandos? Independent Chicken shop draws ire from Nandos for close resemblance. Shop pleads the “take me out” defence. | @standardnews https://buff.ly/2tNgmUH

Alphabet’s 186 Health Care Patents suggest, giant behind Google is making serious moves into the wellness arena | @Forbes https://buff.ly/2pb1JGh

Walmart’s new patents hint at future where drones tend the farms | @reuters https://buff.ly/2Gw3eWI

A $1.6 billion Spotify lawsuit is based on a law made for player pianos | @verge https://t.co/FdA8UX5E0q

Big Pun’s Widow Is Suing Walmart and Others Over Trademark Infringement | @Complex https://buff.ly/2GtoVa7

Pharrell secures ‘Girl’ trademark’ for clothing. Fashion line likely on the way | @tmlawyermag https://buff.ly/2FFenHF

UK ratifies Hague Agreement for industrial designs | @WorldIPReview https://buff.ly/2FBRsNs

GTA Online to see new life with new trade marks outlining new content to come | @gamespot https://buff.ly/2FJMOcq

MicroLED patents nearly double in a year in South Korea – could be the next big follow-up in screen display technology | @ZDNet https://buff.ly/2u2BBC6

Does this painting infringe this photograph? | @Ipkat https://buff.ly/2HN8THA

B&M brands Kylie Minogue legal claim “greedy” amid trademark battle | @retailgazette https://buff.ly/2FZlvuQ

Millennial Women Are Shunning Fakes More than their Predecessors | @TheFashionLaw https://buff.ly/2G9P8wH

McDonald’s Devices Don’t Infringe Digital Rights Management Patents | @ipwatchdog https://buff.ly/2DIZNcj

123movies shuts down: warns users to stop piracy | https://buff.ly/2DJJJaa

Adidas patent infringement claim against Asics, relating to fitness tracking, is dismissed | @WorldIPReview https://buff.ly/2GP9IQL

Epic Games registers a number of trade marks for hit video game Fortnite | https://buff.ly/2FPjd5s

How blockchain might be used to mitigate the counterfeits | @tbotweetshttps://buff.ly/2FQH9oO

Do you need a .com domain as a new business? | @forbes https://buff.ly/2HV6wT1

H&M Calls Foul on “Vandal” Graffiti Artist’s Threat of Lawsuit | @TheFashionLaw https://buff.ly/2G08YqU

Music piracy up 14% – but signs suggest it may be on the decline overall | @billboard https://buff.ly/2FSwJFa

What Happened To Limewire | @Forbes https://buff.ly/2GTrd2E

Just in case: Amazon patents delivery drones that can react to people screaming and flailing https://buff.ly/2pz4W2F

New patent could hint at the next generation of the Apple pencil | @DigitalTrends https://buff.ly/2G20YFS

Is Kanye West going to lose the trade mark right to “Yeezy”? | @TheFashionLaw https://buff.ly/2pyeg6F

Jamaican songwriter says Miley Cyrus stole ‘We Can’t Stop,’ seeking $300 million | @Reutershttps://buff.ly/2DqRce5

Marvin Gaye’s family wins $5.3m ‘Blurred Lines’ appeal, setting precedent in copyright in music |@worldipreview https://buff.ly/2G2O2PY

First they came for tobacco branding… | @TrademarkNowhttps://buff.ly/2G5SlhI

Bumble ‘swipes left’ on Tinder owner | @BBCNews https://buff.ly/2pJC3Qe

Does this image infringe the second one? |@ipkat https://buff.ly/2pCe5Yg

What’s next for Snapchat? Patents suggest 3D models and mapping of emotions | @digitaltrends https://buff.ly/2FUOQts

“Qiaodan” now Curiously Countersuing Nike For Trademark Infringement | @nicekicks https://buff.ly/2IRow1P

Amazon chases counterfeiters on its platform | @CNET  https://buff.ly/2DxpI6F

Dubai destroys Dh1.19 billions worth counterfeit goods in crack down | @GulfNewsWorld https://buff.ly/2unmdk7

Some tips about international trade mark registrations from Turkey, Russia and Brazil| @_citma https://buff.ly/2I7WgXV

Trademark row over Iceland football chant, T-Shirt producer runs foul of TM owner | @BBCNews https://buff.ly/2GtaZ24

How does the high street get away with close copies of designers work? |@designtaxi https://buff.ly/2I6oS3r

When a new sports star emerges, so do new opportunities for trade marks, merchandise (and unfortunately, copycats!) | @forbes https://buff.ly/2G7JdsG

Match Group Sues Bumble Over Patents and Trade Secrets | @ipwatchdog https://buff.ly/2pMsXCo

The IPO offer a number of case studies of businesses thriving through use of IP | @The_IPO https://buff.ly/2pKMvHq

Injunctive relief for trade mark infringement across social media? | @Ipkat https://buff.ly/2GilToi

US Federal Court find that Google’s Android OS use of Java API packages runs foul of copyright | @ipwatchdog https://buff.ly/2IbHsY9

Analysis: WHOIS blackout “likely” following GDPR enforcement date in May | @WTRmagazine https://buff.ly/2J5bzl4

The Shape of a Lawsuit? | @Ipkat https://buff.ly/2GSDXGr

5 tips for guarding your company against intellectual property threats | @TechRepublic https://buff.ly/2utvkzF

Air Max: how IP forms the foundation of a runaway success | @thefashionlaw https://buff.ly/2GwH0Xh

Chaplain “Sister Jean” lets Loyola-Chicago license her name and image, on the back of basketball success | @espn https://buff.ly/2pOw39a

Nonprofit says Forever 21 used trademark without permission | @kob4 https://buff.ly/2J32ZDF

—

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: March 2018 | The US and China Square Off Over IP was written by Dr. Martin Douglas Hendry

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