World of IP Round Up: October 2018 | Government IP Guidance Bonanza and Oxford overreach(?)

World of IP Review: October
Someone in Whitehall has been very busy this month…

World of IP Round Up: October 2018 – Government IP Guidance Bonanza and Oxford overreach(?)

October was a land mark month for Virtuoso Legal, wherein we ourselves made the news (and legal trade press) with two rulings of considerable significance earlier in the month. (Part of the reason for the delay in this post!)

The month’s other headlines are equally notable. In particular, the plot thickens in the UK with advice from the IPO in relation to IP should a “no-deal” Brexit come to pass. Further to this, a report issued by the Government pertaining to IP related matters as a consequence of the October budget.

In addition to this, there was (and remains) much consternation in usually peaceful Oxford over the University’s desire to protect the word OXFORD as a trade mark.

Without further ado, let’s begin the round up!

UK Government offers a bonanza of IP guidance on: no-deal Brexit, trade marks and October’s budget

As a wholly embedded area of law, intellectual property changes as the working world changes. Sweeping changes in legislation can, as such, become game-changers in IP in ways that might not be as straightforward as other areas of law.

No imminent piece of legislation is as sweeping as Brexit – where the many potential scenarios on offer an equal amount of complicated results for how IP rights may then take at home and abroad.

One such fundamental right is copyright, based upon many international treaties already – would be subject to significant changes should “no deal Brexit” occur. The Department of Business, Energy and Industrial Strategy has published a paper stating the key changes to expect should a deal not be reached.

This concerns:

  • sui generis database rights
  • portability of online content service
  • the country-of-origin principle for copyright clearance in satellite broadcasting
  • orphan works copyright exemption
  • collective management of copyright, and;
  • cross border transfer of accessible format copies of copyright works.

Many of the implications of a no-deal Brexit on Copyright are provided in this 1709 blog.

Deal or no deal Brexit continues to cause concern for as CITMA who warn that UK trade mark attorneys may lose significant amounts of revenue when their ability to represent clients at the EUIPO.

In and amongst this, the UK government offered guidance in relation to changes resulting from the EU Trade Mark Directive 2015 coming into effect (implemented through UK Trade Mark Regulations 2018). Changes allow for non-visual registrations and various electronic formats (e.g. MP3 and so on).

Gov.UK offers some clear insight into other key changes, also including how to manage expired marks. 

Finally, after a bit of a roll in releasing papers the Government published a white paper, in relation to IP from Philip Hammond’s budget.

Here, the review explores the “undervalued and under exploited” nature of “knowledge assets” and establishes high level recommendations for businesses to seek to adopt. The reporting back from this paper will establish how IP may be treated moving forward in the next spending review.

As such, the government have provided a veritable cornucopia of material for IP pros to wrap their heads around. All of which offer some perfect late afternoon reading with a cup of tea(!)

The Battle for Oxford

In a fairly unique piece of news, it was announced that Oxford University would seek to register “Oxford” as a trade mark this month.

The announcement caused much consternation from businesses and others around Oxford who anticipate that the university would seek to enforce it against commercial denizens of the town.

It is most likely however, that the University is looking to enforce the mark in order to stop non-affiliated (or even rogue) entities from presenting themselves as the University – rather than seek to establish a monopoly over the use of the word.

The Times broke the story here which was then followed up by the Oxford Mail’s announcement that it had been approved. It remains to be seen whether the concerns of the broader businesses around Oxford is merely academic.

World of IP Round Up: The Best of the Rest


Apple sued over the ‘MeMoji’ Trademark that was granted to another Company last week by USPTO |

How big is Amazon’s counterfeit problem |

Apparel group wants some Amazon sites listed as ‘notorious’ counterfeit markets |

This is the most sought after smartphone brand for inspirational Indians (no, it’s not Apple) |

Nintendo patents playable Game Boy phone case |

Blockchain and intellectual property – where are we now and what does the future have in store? |

Galaxy Watch claimed to infringe on trademark law |


Starbucks is forcing an Indian coffee chain to change its “deceptively similar” name |

Walmart to buy plus apparel brand |

Why IP protection is important for every start-up |

Dunkin’ for change: Dunkin’ drops “Donuts” |

Premier Inn unveils no-frills hotel brand with pod-style rooms |

EU court dismisses Bacardi trademark appeal |

Global crackdown seizes £10m of counterfeit medicines |

How a founder’s story fueled Medtronic’s growth from a tiny garage to a $120B brand|

Trade Secrets: Mitsubishi accused of stealing trade secrets |

Protecting your trade marks and intellectual property abroad |

How do supermarkets get away with ‘lookalike’ own-brands? |


“Trade war”: why US and China remain so far apart on IP rights |

CANADA: Canada ‘caved’ on intellectual property provisions in USMCA trade deal, experts say |

USA: Here’s what’s new in the U.S.-Mexico-Canada Agreement |

CHINA: China grapples with trademark infringement—of its own brands |

USA: Chinese spy chips are found in hardware used by Apple, Amazon, Bloomberg says; Apple, AWS say no way |

CHINA: Case of Daoxiangcun highlights IPR improvements, loopholes in China |

USA: What Entrepreneurs Need to Know about Securing and Protecting Trademarks |

USA: New Patent Office guidelines bolster intellectual property owners’ position |

CHINA: China launches trademark office to protect domestic brands IP |

CHINA: China’s top court will hear intellectual property appeals amid trade war |

CHINA: Xi vents frustration toward trade war to Abe |

USA: Iowa State student groups ask administrators to halt new trademark policy |

CHINA: Alibaba wins preliminary trademark injunction against cryptocurrency Alibabacoin |

USA: Copyrights: Intellectual Property Considerations for Start-Ups |

USA: US targets Chinese firm over security fears |

USA: Online Trademark Registration Services Can Be Disastrous |

USA: Protecting The Intellectual Property Of Jewelry Designs |

At Home

Britain’s brand value grows to $3.7tn replacing Japan in global fourth spot |

UK beautician fights back after Tiffany trademark opposition threat |

Half of UK consumers have bought counterfeit goods online |

Pressure grows on producers of illegal streaming devices and thieves of paid-for content |

Is the Scotch whisky trademark guaranteed? |

Craft-Beer Brewers Open Taps as Trademarks Soar to Record |

Yorkshire property tycoon to bring Poundworld back to high street |


Chanel buys swimwear brand Orlebar Brown |

The 26-year-old with a £100m sportswear brand |

Taking Risks Can Benefit Your Brand – Nike’s Kaepernick Campaign Is A Perfect Example –

Walmart to acquire women’s plus-size clothing brand ELOQUII |

The 26-year-old with a £100m sportswear brand |

Taking Risks Can Benefit Your Brand – Nike’s Kaepernick Campaign Is A Perfect Example –

Walmart to acquire women’s plus-size clothing brand ELOQUII |

Why VCs are pouring money into beauty brands |

Asics Can’t Block Hash Mark EU Trademark Registration |

Off-White Is the Hottest Brand in the World… |

Balenciaga Gets Hit With Lawsuit For Ripping Off Iconic Air Freshener Design |

Founder Chip Wilson Takes Aim At Lululemon: ‘I Want The Brand To Stand For Something’ –

A New Ruling Just Reignited Converse’s Infamous Trademark Saga |

Design and Branding

14 Car Logos and Interesting Stories Behind Them

The Secret To Generating Buzz For Your Brand That Keeps People Talking |

Apple world’s top brand, Facebook slips to 9th spot: Report |

10 lessons all marketers should take from Direct Line’s brand strategy |

Why Video Is The Future Of Luxury Brand Marketing |


Conor McGregor faces fresh trademark battle over star’s “F.A.S.T.” brand |

Bungie Files Trademark for ‘Matter’ in the EU |

Netflix sued by easyJet founder in trademark dispute |

Netflix faces trademark lawsuit from easyJet over Joe Swanberg comedy series Easy

Beyonce Loses Motion For Permanent Injunction In Trademark Battle |

Donald Glover Sues Former Label in Childish Gambino Royalties Dispute |

EU General Court throws out Deep Purple trademark cases |

Kanye West Files Trademarks For “Yandhi” Merch |

Museum of Modern Art Wins Injunction Against MOMACHA |

Judge Denies Beyoncé Summary Judgment in Feyoncé Trademark Case |

P. Diddy Didn’t Secure His Domain Name. It’s Up for Auction- Who Will Win it? |

Inside the windowless bunker where Disney stores its ‘secret weapon’ |

Kevin Hart Settles Trademark Lawsuit |

“The [trademark] consists of the colour purple alone.”|

Everything Else

Toys ‘R’ Us Lenders Plan Brand Revival |

Video: Toys R Us lender cancels bankruptcy auction

Toys“R”Us Announces Rebrand As ‘Geoffrey’s Toy Box’ With New Logo |

Tesla files to trademark ‘Teslaquila,’ Elon Musk says it’s ‘coming soon’

Trademark filings reveal new Audi logos |

Aston Martin Files Valhalla Trademark, Possibly For New Supercar |

Honda ‘ditches’ agencies in move to take charge of its brand |

Johnnie Walker’s Iconic ‘Striding Man’ Now Has A Diverse Group Of Friends |

AI-Painted Masterpiece Sells For Over 60 Times Its Estimated US$7,000 Bid Price |

General Motors Files Trademark on ‘Chevrolet FNR’ Name Previously Attached to Exotic EV Concept –

Stranger than fiction: Marvel Comics Oppose Trademark From Alien Conspiracy Theorists |

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: October 2018 | UK Government IP Guidance Bonanza and Oxford overreach? was written by Dr. Martin Douglas Hendry

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