Week’s news headlines – November 17th, 2017

Trademarks

Beyoncé and Topshop speed up ‘Poison Ivy Park’ trademark battle
The mark was filed at the US Patent and Trademark Office (USPTO) by California-based 47 / 72 Inc in April 2016 on the same day that Beyoncé released her Ivy Park clothing line in collaboration with UK retailer Topshop
https://www.worldipreview.com/news/beyonce-and-topshop-speed-up-poison-ivy-park-trademark-battle-14903

‘Call of Duty’ called out over Humvee use in games
The makers behind the “Call of Duty” video game franchise have been called out over the use of Humvee (high mobility multi-purpose wheeled) vehicles
https://www.worldipreview.com/news/call-of-duty-called-out-over-humvee-use-in-games-14906

Starbucks appeals TTAB decision over cup mark
On Thursday, November 9, Starbucks’ lawyer, Finnegan Henderson Farabow Garrett & Dunner partner Julia Anne Matheson, filed a notice of appeal with the board
https://www.worldipreview.com/news/starbucks-appeals-ttab-decision-over-cup-mark-14907

CJEU hears Louboutin red sole case
This morning, the Court of Justice of the European Union (CJEU) is hearing arguments over whether Christian Louboutin should be able to trademark red soles on high-heeled shoes
https://www.worldipreview.com/news/cjeu-hears-louboutin-red-sole-case-14914

NFL successfully opposes ‘Superbowl’ trademark at UKIPO
In August 2016, QL Partnership filed EU application number 3,179,701, consisting of the term ‘Superbowl UK’ with ‘Tenpin bowling at its best’ in smaller font above
https://www.worldipreview.com/news/nfl-successfully-opposes-superbowl-trademark-at-ukipo-14917

GoDaddy seeks trademark injunction against 50 websites
The complaint was filed at the US District Court for the Northern District of California on Friday, November 10
https://www.trademarksandbrandsonline.com/news/godaddy-seeks-trademark-injunction-against-50-websites-5117

Daimler trademark lawsuit alleges that Amazon.com doesn’t do enough to prevent infringement and counterfeits
On October 20th, German carmaker Daimler AG (ETR:DAI) filed a lawsuit in the Central District of California alleging claims of federal trademark infringement committed by Seattle, WA-based e-commerce giant Amazon.com, Inc. (NASDAQ:AMZN) The suit alleges that Amazon has been complicit in the sale of counterfeit Mercedes-Benz parts and cites Amazon’s very successful business model of efficient infringement
http://www.ipwatchdog.com/2017/11/15/daimler-trademark-lawsuit-amazon-infringement-counterfeits/id=90101/

Fujifilm and Polaroid begin litigation over photo borders
Fujifilm filed its complaint for declaratory judgment on Monday, November 13, at the US District Court for the Southern District of New York
https://www.worldipreview.com/news/fujifilm-and-polaroid-begin-litigation-over-photo-borders-14933

 

Patents

Bob Goodlatte to step down in 2018
Bob Goodlatte, chairman of the House Judiciary Committee and a strong proponent of patent reform, will not seek re-election in 2018
https://www.worldipreview.com/news/bob-goodlatte-to-step-down-in-2018-14902

Microsoft taken to court over Lumia 950 smartphones
On Tuesday, November 7, patent licensing firm Lemaire Illumination Technologies accused Microsoft of patent infringement through the production of the Lumia 950 smartphone
https://www.worldipreview.com/news/microsoft-taken-to-court-over-lumia-950-smartphones-14904

In a rare move, Korean IP Office taps top LG patent executive for key judge role
Joo Sup Kim, vice president and head of licensing at LG Electronics, has left the company to take up an administrative judgeship within the Korean Intellectual Property Office (KIPO), IAM has learned. Kim joined the IP Trial and Appeal Board (IPTAB) – an independent administrative law body within KIPO – on Friday
http://www.iam-media.com/blog/Detail.aspx?g=3db43b6c-8cf0-416a-ae5f-b9a09f329835

When Big Brother Comes Marching In: Patent Challenges on Entrepreneurial Campuses
There is often the assumption that all university research is “basic” research, when in reality it is becoming increasingly common for “applied” research (that is research that seeks to provide a solution to a real-world problem) to be developed on campuses
http://www.ipwatchdog.com/2017/11/12/big-brother-marching-in-patent-challenges-entrepreneurial-campuses/id=89886/

Turning Your Patent into a Business: A Practical Guide to Equity Crowdfunding
Once your patent has been awarded you may still need additional capital to turn that patent into a business
http://www.ipwatchdog.com/2017/11/11/patent-business-practical-guide-equity-crowdfunding/id=90024/

Deals with Fujifilm and an NPE suggest recently-reorganised Maxell is focused on patent profit
Last month, the company previously known as Hitachi Maxell formally dropped ‘Hitachi’ from its name amid a corporate re-structuring
http://www.iam-media.com/blog/Detail.aspx?g=72b09fad-7cc5-404d-b1ef-e5d064e5dc49

PTAB invalidates targeted advertising patents, preserving billions in Google ad revenue
It is no secret that the fortunes of Mountain View, CA-based tech conglomerate Alphabet Inc. (NASDAQ:GOOGL) are largely based upon the advertising revenues accrued through its subsidiary Google and its incredibly popular search engine
http://www.ipwatchdog.com/2017/11/13/ptab-targeted-advertising-patents-google-ad-revenue/id=90076/

ITC institutes 337 investigation into allegations of patent infringement by Schick Hydro
In late October, the U.S. International Trade Commission (ITC) announced that it had decided to open a Section 337 investigation over allegations of potential patent infringement in the consumer hygiene product sector
http://www.ipwatchdog.com/2017/11/13/itc-337-investigation-patent-infringement-schick-hydro/id=89989/

Unitary patent could drive €14.6bn in high-tech trade: EPO
Improved harmonisation of the European patent system could drive a €14.6 billion ($17.1 billion) increase in trade across high-tech sectors
https://www.worldipreview.com/news/unitary-patent-could-drive-14-6bn-in-high-tech-trade-epo-14915

USITC to investigate Apple Macs and iPhones
The US International Trade Commission (ITC) has instituted a probe into Apple over its Mac computers, iPhones, iPads, iPods and Apple TVs
https://www.worldipreview.com/news/usitc-to-investigate-apple-macs-and-iphones-14922

USPTO puts up prices for 2018
The US Patent and Trademark Office (USPTO) has announced it will increase some of its fees from January 2018, including a $6,500 increase to $15,500 for requesting an inter partes review (IPR)
https://www.worldipreview.com/news/uspto-puts-up-prices-for-2018-14926

EPO’s Battistelli proposes new employment plan
Benoît Battistelli, the president of the European Patent Office (EPO), has proposed an employment plan to recruit staff on renewable contracts of five years
https://www.worldipreview.com/news/epo-s-battistelli-proposes-new-employment-plan-14923

Dr. Sanusi Umar, da Dr. U Devices Inc., move ação contra Dr. Jean Devroye e Devroye Instruments, Inc. por violação de patente referente a punch de transplante capilar FUE
O Dr. Sanusi Umar, proprietário da Dr. U Devices Inc., criadora do Dr. UGraft e do Dr. UPunch Hair Transplantation Equipment, com diversas patentes de produtos usados na restauração capilar por extração de unidade folicular (FUE, na sigla em inglês), anunciou hoje que apresentou uma queixa contra o Dr. Jean Devroye e a Devroye Instruments, Inc. em um tribunal federal da Alemanha
https://exame.abril.com.br/negocios/releases/dr-sanusi-umar-da-dr-u-devices-inc-move-acao-contra-dr-jean-devroye-e-devroye-instruments-inc-por-violacao-de-patente-referente-a-punch-de-transplante-capilar-fue/

Design Patent Owners Find Optimism in Columbia Sportswear Jury Verdict
Design patents have long been a unique creature of intellectual property law.  Recent developments have thrust them back into light for companies looking for a well-rounded arsenal of intellectual property protections
http://www.ipwatchdog.com/2017/11/15/design-patent-owners-optimism-columbia-sportswear-jury-verdict/id=90133/

BlackBerry in patent licensing deal with Teletry
Canadian smartphone maker BlackBerry has entered into a patent licensing deal with Teletry, a month after the departure of one of BlackBerry’s patent licensing directors
https://www.worldipreview.com/news/blackberry-in-patent-licensing-deal-with-teletry-14929

Federal Circuit confirms TC Heartland changed the law
In May, the Supreme Court handed down its ruling in TC Heartland v Kraft Foods, holding that 28 USC, section 1400(b) is the sole and exclusive provision governing venue in patent infringement actions, in what was described as a “seismic” decision
https://www.worldipreview.com/news/federal-circuit-confirms-tc-heartland-changed-the-law-14931

Revised Patent Fee Schedule Finalized
The USPTO is celebrating the culmination of a multi-year effort to secure the financial security of the Patent and Patent Trial and Appeal Board (PTAB) organizations in order to better serve the United States economy We have made tremendous progress reducing overall patent pendency, reducing our inventory of unexamined applications, enhancing patent examination quality, reducing the ex parte appeal inventory, and implementing the post-grant review proceedings established by the America Invents Act (AIA)
https://www.uspto.gov/blog/director/entry/revised_patent_fee_schedule_finalized

Patent activity around batteries heats up as LG Chem and Japan’s Toray team up against Chinese competitor
Massive government subsidies have led to a huge amount of activity in China’s electric vehicle sector
http://www.iam-media.com/blog/Detail.aspx?g=07f1e43d-2fd1-4642-a849-b7d86a86607d

Three rounds of IPR petitions invalidates VirnetX patent after Apple gets around statute of limitations
On November 27th, the U.S. Supreme Court will hear oral arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, a case which will ask the Court to decide whether the Patent Trial and Appeal Board (PTAB) operates in violation of the U.S. Constitution as that agency is an Article I tribunal which extinguishes property rights without a jury and outside of an Article III forum
http://www.ipwatchdog.com/2017/11/16/ipr-petitions-virnetx-patent-apple-statute-of-limitations/id=90233/

 

Intellectual Property

Chinese customs reveals 1,500 cases of US-bound IP infringements
China’s customs agency has found more than 1,500 cases of IP-infringing goods exported to the US, according to a statement
https://www.worldipreview.com/news/chinese-customs-reveals-1-500-cases-of-us-bound-ip-infringements-14905

 

Innovation

High-tech industries dominate China innovation, says Top 100 report
High-tech industries including electronic components now dominate innovation in China, in a shift away from the dominance of the automotive, domestic appliances and electric power generation and supply industries
https://www.worldipreview.com/news/high-tech-industries-dominate-china-innovation-says-top-100-report-14908

Government and 3D Printing: A New Line of Innovation to Protect
For the last 20 years, manufacturers have used 3D printing to build prototypes, but it was only recently that this industrial technology entered the mainstream
http://www.ipwatchdog.com/2017/11/16/government-3d-printing-new-innovation-protect/id=90116/

Hakuna Matada Isn’t a Strategy for Paradigm Shifting Innovation
Wouldn’t it be a great world if people innovated for the sake of innovating, spending every waking moment in the pursuit of solutions and inventions that would better mankind?
http://www.ipwatchdog.com/2017/11/16/hakuna-matada-strategy-paradigm-shifting-innovation/id=90173/

 

Franchise

Dunkin’ Donuts case dismissed after settlement reached with franchisee
The order of dismissal (pdf) was signed by District Judge Elizabeth Foote on Thursday, November 9
https://www.worldipreview.com/news/dunkin-donuts-case-dismissed-after-settlement-reached-with-franchisee-14909

 

Counterfeiting

Thousands of fake poppy merchandise seized before Remembrance Day
In a statement on Friday, November 10, the Border Force said it had randomly inspected a freight train from China and discovered packages containing poppy-branded goods including 1,212 scarves, 5,400 badges and 1,200 key rings
https://www.worldipreview.com/news/thousands-of-fake-poppy-merchandise-seized-before-remembrance-day-14910

Spanish police make arrests in LaLiga piracy crackdown
In a statement released on Friday, November 10, the national police force explained that those arrested had offered the streams in different formats, including direct download, streaming and peer to peer distribution
https://www.trademarksandbrandsonline.com/news/spanish-police-make-arrests-in-laliga-piracy-crackdown-5114

Audi continues counterfeit battle against car parts companies
The latest complaint was filed at the US District Court for the District of Massachusetts on Thursday, November 9
https://www.trademarksandbrandsonline.com/news/audi-continues-counterfeit-battle-against-car-parts-companies-5115

 

Copyrights

IP provisions suspended in newly agreed TPP deal
The TPP deal, renamed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on Saturday, November 11, covers Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam
https://www.worldipreview.com/news/ip-provisions-suspended-in-newly-agreed-tpp-deal-14913

MPAA includes set-top boxes in lobbying efforts
The Motion Picture Association of America (MPAA) filed its lobbying report in October, stating it had spent $620,000 on lobbying in the year’s third quarter
https://www.trademarksandbrandsonline.com/news/mpaa-includes-set-top-boxes-in-lobbying-efforts-5116

Brian May snaps at photographer who reported him for copyright infringement
Lead guitarist of rock band Queen has slammed a photographer who reported him to Instagram for copyright infringement after posting a picture of himself
https://www.worldipreview.com/news/brian-may-snaps-at-photographer-who-reported-him-for-copyright-infringement-14925

Haribo taken to court over Halloween sweets
On Monday, November 13, Font Diner, which creates software for custom fonts, filed a claim against Haribo at the US District Court for the Eastern District of New York
https://www.worldipreview.com/news/haribo-taken-to-court-over-halloween-sweets-14924

International report – Copyright Act to be revised
On October 26 2017 the Executive Yuan passed a draft amendment to the Copyright Act. The draft amendment was proposed and drafted by the Taiwan Intellectual Property Office (TIPO), passed to the Executive Yuan for review and modification, and has been sent to the Legislative Yuan for inspection and formal amendment through three successive readings
http://www.iam-media.com/reports/Detail.aspx?g=480626fb-4dab-4453-89f2-71c60f52fb71

Playboy dispute over Kate Moss photos dismissed
Media company Playboy Enterprises seems to have settled its differences with Hint Fashion Magazine over the publication’s use of photos of model Kate Moss
https://www.worldipreview.com/news/playboy-dismisses-dispute-over-kate-moss-photos-14928

 

Domain Name

A fresh look at domain name management
Several factors should be addressed when companies are considering whether to change the way they manage their domain name portfolios, says Matt Serlin of corporate domain name registrar Brandsight
https://www.trademarksandbrandsonline.com/article/a-fresh-look-at-domain-name-management

  

Industrial Design

EUIPO launches second design competition
Aimed at celebrating excellence in design and design management, the awards honour outstanding design, designers and businesses that have brought their designs to the marketplace with the protection of the registered Community design (RCD)
https://www.worldipreview.com/news/euipo-launches-second-design-competition-14932

Read more

Brazilian National Filme Agency accepting public commentary on rules related to regulation of audiovisual works

The National Film Agency (ANCINE), which is the government agency responsible for regulating, promoting, and monitoring the film industry in Brazil, accepting public commentary regarding the revision of the current regulation surrounding exploitation rights of audiovisual works.

This includes decisions about the criteria for the classification of works suitable to comply with the minimum content requirements under Brazilian law no. 12,485 and regulations.

In this phase, ANCINE seeks to obtain suggestions regarding the future systematization of the rules in force. Thus, any interested person can participate in the process and submit their contributions for consideration ahead of the intended upgrade to the current regulation.

ANCINE’s public consultation for these issues will be available until November 22, 2017. Please let us know if you wish to submit any suggestions to the Brazilian agency or if you would like to know more about the current legislation.

For more information on Copyrights and Entertainment Law, please do not hesitate to contact us.

Click to read in PDF

Read more

UPCOMING EVENT: INTA Leadership Meeting

Inta Leadership Meeting

From December 7th to 10th, managing partner Gabriel Di Blasi will participate to INTA Leadership meeting. The event brings together INTA volunteers and leaders once a year to discuss the Association’s objectives. This year, INTA Leadership Meeting will take place in Washington, USA.

Read more


Our Offices