Will Sachs and Goldman Receive A Desist and Cease Letter?
Shapeways depicts the Sachs & Goldman store in Berlin.
May 13, 2009
May 08, 2009
McDonald's Fails on 'Mc' Family Theory in Malaysia
April 14, 2009
China's Enforcement of IP: Discuss
From Fareed Zakaria's "The Post American World":
Western businessmen have often noted that their Chinese counterparts seem to place less stock in rules, laws and contracts. Their sense of ethics is more situational. . . . Social relations and trust are far more important than paper commitments. Microsoft could not get Beijing to enforce its IP laws for years - until the company spent time and effort developing a relationship with the government . . . Once Microsoft had convinced the Chinese government of its benign intentions, those same laws began to get enforced."
March 30, 2009
"Hundreds Year Old Bean Curd Brand"
"Chinese Brand Confident Of Winning Trademark Dispute Appeal In Germany":
Beijing-based Wangzhihe, established in 1678 and specializing in Beijing-style pungent beancurd, noticed in July 2006 that its brand had been registered by OKAI on Nov. 21, 2005. As it wanted to expand into the German market, it filed a lawsuit against OKAI in a court in Munich in January 2007.
Background here.
December 05, 2008
Initial Reaction to INTEL v CPM Case
IPKat: Intel v CPM: What The Experts Say . . . So Far:
The European Court of Justice ruling last Thursday in Intel v CPM (noted . . . by the IPKat) has not just attracted a fully-fledged Rapid Response Seminar. It has also generated a batch of swift responses,
December 04, 2008
"Apple Wins Trademark Suit Against Chinese Company"
MacNN: Apple Wins Trademark Suit Against Chinese Company:
Apple this week has won a trademark infringement lawsuit against a Chinese electronics company. New Apple Concept Digital Technology Co. was ordered to pay 400,000 yuan (~$58,000 USD), completing a battle between the two companies that began in 2006 when the Shenzhen-based manufacturer was ordered to stop using its trademark, according to China Central Television. New Apple Concept had used a logo that featured an apple with the characteristic missing bite.
November 22, 2008
Kenya: Summary of Recent Trademark Decisions
Ratio Magazine: Summary of recent trademark decisions in Kenya
November 15, 2008
Poland: "Principles of Merchant's Honesty In Trade Mark Cases"
Class 46 discusses an invalidation action in Poland based on merchant's honesty (the applicant appropriated an image that had been previously used). 'Merchant's honesty' sounds like 'good or bad faith' to me.
October 30, 2008
Apparent No Illegibility Defense In The UK
Out-law.com: "Defence of poor quality trademark reproduction rejected by Court of Appeal":
A man has tried to overturn a conviction by claiming that he could not have infringed a trade mark because his copy of it was so poor. Gary Boulter has been refused permission to appeal his conviction of criminal trade mark infringement.
October 28, 2008
"Belgian ISP Wins Reprieve In Copyright Infringement Filtering Case"
Out-Law.com: "Belgian ISP Wins Reprieve in Copyright Infringement Filtering Case":
A Belgian internet service provider that had been ordered by the courts to filter out copyright-infringing material from its network has won a court reprieve. It will not have to pay the €750,000 in fines that have built up over the past year.
October 14, 2008
"Google To Appeal Thumbnail Copyright Defeats in Germany"
Out-Law.com: "Google to appeal thumbnail copyright defeats in Germany":
Google has lost two German court cases over copyright in images displayed as thumbnails in search results. German courts ruled in both cases that Google's display of miniature versions of pictures without permission infringed copyright in the originals.The search giant will lodge one appeal covering both cases, it told OUT-LAW.COM
October 10, 2008
Vey is Mir
Ynetnews: "Lebanon: Israel Stole Our Falafel":
Lebanon is planning on filing an international law suit against Israel for violating a food copyright, Fadi Abboud, president of the Lebanese Industrialists Association, told the al-Arabiya network. The Lebanese claim is that Israel markets original Lebanese food like tabouleh, kubbeh, hummus, falafel and fattoush which the Lebanese considered their trademarks prior to the establishment of the Jewish state.
UPDATE: Long-time reader Anonymous writes: "Marty, help me out here - what is a food copyright?"
Well, there is no such thing. We would really need to see the underlying documents of the suit. The Lebanese entity is likely thinking about appellations of origin (Champagne sparkling wine, Feta cheese, Parma ham) which are conventional methods of protecting a geographic name associated with a food but can't be used to protect the generic name. "Lebanon" is (was?) potentially protectable for cedars of Lebanon.
In theory, a novel way of preparing food is patentable. I believable that Smuckers attempted to patent a PBJ sealed in a pita, a few years ago. Methods of presenation might obtain trade dress protection (I believe that Dairy Queen has a trademark registration for a certain type of twirl to its soft-serve ice cream. Traditional foods are not going to be protectable under either theory.
I went to the Lebanese site and found no information. If a suit is filed, please, kind readers, pass it on.
August 30, 2008
HARI PUTTAR and the Lawsuit in India
Article about Warner Bros lawsuit against producers of Indian film Hari Puttar.
From the trailer, it sort of looks like "Home Alone"
August 10, 2008
Not The Madrid Protocol But An Incredible Simulation
WIPO Madrid International Application Simulator:
The simulator is designed to show you how to use the Madrid System to seek the protection of your mark* abroad. At the end of the simulation, it will also help you estimate the cost of registering your mark through the Madrid System, a simple, easy and cost-effective international registration procedure.
HT Carl O.
August 05, 2008
"China Learning Fast in IPR, Also The Bad Habits"
IPEG.EU: "China learning fast in IPR, also the bad habits":
Some bad copyright practices in Europe China now emulates. Take this recent article on People’s Daily about China copyrighting ancient images. Digital technology is being used to conserve the famous Mogao Grottoes of Dunhuang, in Northwest China’s Gansu Province (on UNESCO World Heritage List since 1987). The “Digital Dunhuang” project, which aims to pool all the treasures from Dunhuang, “protects its intellectual property rights (IPR) in the digital era” as it is called by the Chinese.
August 04, 2008
Text of Decision In Lucasfilms v Ainsworth (Stormtrooper Copyright)
Lucasfilm Ltd v Ainsworth [2008] EWHC 1878 (ch) (31 July 2008):
This is a case about the reproduction of replicas of various props used in the first Star Wars film. The Star Wars films are a series of science fiction films set at some different time and in another part of the Universe, and which feature the struggle between good and evil. They contain a heavy militaristic element, and that in turn requires uniforms. This case concerns the production of uniforms for the first of the films in the series, which is known as "Star Wars IV – A New Hope" and which was first shown in 1977. It bears the number IV, even though it was the first in the series to be produced, so as to leave room for expansion backwards in time, as it were, or "prequels". I shall simply call it "Star Wars", or "the film". The second claimant was the English production company for the film; all the claimant companies are, taken together, the producing or licensing companies, and it is accepted that between them they have the necessary rights (if anyone has) to bring the claims made in this action.
May 29, 2008
2d Circuit: Topps v Cadbury
Topps contracted with an Argentinian company to provide Bazooka gum in various South American markets. The Argentinian company licensed and the trademark and had access to 'technology' (no doubt relating to how to fold a small comic strip around a brick-like piece of gum). The contract terminated and the Argentinian continued use of both the trademark and the technology. 2d Circuit: not ripe for summary judgment. Background: my reaction to this fact pattern two years ago was 'hmmm.'
May 23, 2008
CFI Decision On Use In the EEC
WorldTrademarkReport: "Token Use Does Not Demonstrate Genuine Use":
In Sonia Rykiel Création et Diffusion de Modèles v Office for Harmonization in the Internal Market (OHIM) (Case C-131/06, April 30 2008), the Court of First Instance (CFI) has annulled a decision by the Second Board of Appeal on the grounds that the board had failed to take into account all the relevant factors in determining whether use of an earlier mark could be regarded as genuine.
April 11, 2008
TECKTONIK Brand Music
WSJ: "The Turf War Over a Dance Craze":
Alexandre Barouzdin, a 31-year-old party promoter who used to work in the finance industry, says he has spent about $47,000 to trademark the Tecktonik brand. He says he recently quit his job as an assistant trader at Merrill Lynch & Co. so he could promote it around the world.
But see a US trademark search for TECKTONIK.
February 01, 2008
Blog on European TM Law: Class 46
Class 46: Not sure who is writing this blog on European trademark matters but check it out.
January 26, 2008
"Gola Kicks Globe Into Touch:
IPKat: "Gola Kicks Globe Into Touch":
J
acobson acquired the GOLA footwear brand and its associated intellectual property rights way back in 1996. Globe sold and imported footwear into the United Kingdom, including shoes known as 'Globe Finale', 'Globe Wedge' and 'Globe Motto'. Globe's shoes featured a stripe design on the sides known as the 'Globe side design' and the word 'globe'. Jacobson sued for infringement of its UK and Community registered trade marks (above, left and right) for its 'Wing Flash' logo in respect of Globe's markings on its trainers (illustrated below, right). Jacobson also alleged that Globe was passing its footwear off as its own, seeking an injunction and the destruction of the offending products. Globe counterclaimed for a declaration that Jacobson registered trade marks were invalid.
December 13, 2007
"Danone To Challenge China Ruling"
BBC: "Danone to Challenge China Ruling"
"French food group Danone is to appeal against a decision by a Chinese court that it no longer has any rights to the popular Wahaha beverages brand. On Monday, a Chinese arbitration commission said a trademark transfer deal signed in 1996 had expired, a ruling that Danone disputes."
October 09, 2007
Korean IP Firm Newsletter
The Korean law firm of Kasan sent me its newsletter, summarizing recent trademark decisions, and containing a handy flowchart of the Korean trademark process.
September 17, 2007
Chinese Script Writer Wins Suit Against Sohu.com
Silicon Valley.com: Chinese Script Writer Wins Suit Against Sohu.com:
"A Chinese court ordered Sohu.com to compensate a script writer for lost income after the Web site sold romantic mobile phone messages he wrote without paying him, the writer and his lawyer said Friday.
The Shanghai No. 2 Intermediate Court ruled on Thursday that Sohu should pay writer Fu Zhanbei 100,000 yuan, or $13,000, for selling his work without permission and ordered the company to issue a public apology, lawyer Wang Zhan said."
September 14, 2007
Circular On Vietnamese Trademark Law
Memo on changes to Vietnamese Trademark Law prepared by the Winco law firm.
September 12, 2007
BMW v. CEO
NY Times reports on the similarities bewteen Chinese carmaker Shuanghuan's CEO and BMW's SUV. Core 77 Design Site has discussed the economics of Chinese car 'counterfeiting' previously.
June 17, 2007
China: Pepsi Loses Over BLUE STORM
China Daily: Pepsi Loses Lawsuit to Small Brewery Over Infringement :
"The high court of East China's Zhejiang Province reversed the first verdict of the lower court and decided in favor of a local small-sized brewery to claim 3 million yuan as compensation against Pepsi Cola over trademark infringement, China Intellectual Property News reported.
Lanye, a small beer producer located in a mountainous area in the province accused the multinational beverage giant of infringing its trademark named "blue storm" and asked Pepsi for a public statement to clarify Lanye is the original user of the trademark."
Background here.
More discussion here.
June 14, 2007
Baker & McKenzie: Top 10 IP Cases in China
Baker & McKenzie: "Top 10 IP Protection Cases in China"
June 12, 2007
Backgrounds Move To The Foreground
As Thomas Pynchon once wrote: Some people can't see the a great work of architecture without thinking "chase scene."
Such people will be troubled by this BBC Report that the Church of England is planning legal action against Sony, for use of Manchester Cathedral as a background for a video game scene.
Info/Law runs down some U.S. case law on 'incidental' or 'background use of places and things.
The Seattle Trademark Lawyer points to a brief discussion of the Australian take on the general issue of building protection, in the context of photographs of the Sydney Opera House.
Prof Patry wonders what the UK law would be here so I asked world-famous UK lawyer and foremost authority Jane Mutimear , who replies:
" . . . [P]eople who comment on news stories of this nature might find
it worthwhile checking when Manchester Cathedral was built, and remind
themselves as to how long copyright lasts. Even if they can't remember
the difference lengths for the different types of copyright, they might
remember that the longest term is life plus 70, so it would be safe to
assume that architectual copyright didn't last forever and then work out
how old the architect would have to have lived for copyright still to
subsist . . . (Unless they think that God is the architect and believe he is not dead)
It's a passing off issue, if anything, obviously."
June 06, 2007
Lowering "Irreparable Harm" Standard to "Serious Issue" For Olympics
The Vancouver Sun: A Canadian parlimentary committee has approved a proposal regarding protection of Olympic symbols in connection with the 2010 Olympics in Vancouver, lessening the standard for an injunction from 'irreperable harm' to proving there is a 'serious issue.'
May 30, 2007
Korean IP Law Blog
Korean IP Law Blog: Dram Man
April 14, 2007
BUD v. BUDVAR Global Scorecard
March 19, 2007
Egypt: SCOTCH Whiskey v. SCOTTS Whiskey
March 16, 2007
Yeah, That'll Happen
March 07, 2007
China: IFPI SuesYahoo Over Links To Unlicensed Music
ZDNet: "Yahoo China Sued For Alleged Copyright Breach":
"Music industry giants including Warner Music Group are suing Yahoo China for alleged copyright infringement by providing links to unlicensed music, trade organization IFPI said on Wednesday.
Beijing's No. 2 Intermediate Court has accepted the case, which was filed in early January by 11 companies and seeks damages of $710,686 (5.5 million yuan), said Leong May-seey, the International Federation of the Phonographic Industry's (IFPI) Hong Kong-based regional director for Asia."
February 20, 2007
India: INTEL v. INTEL
Zee News: "Intel's Namesake (sic) Restrained From Using Its Trademark"
"The Delhi High Court has restrained a local company from using Intel Corporation's registered trademark 'Intel' and asked it to give compensation to the global chip maker for the infringement. "
February 07, 2007
VIAGRA v. MIGHTY BROTHER In China
Reuters: Pfizer appeals against Viagra trademark ruling in China:
"Pfizer Inc. has filed an appeal after losing a lawsuit over the Chinese name for its impotence treatment Viagra, the U.S. drugmaker said in a statement on Wednesday.
Pfizer, the world's largest drugmaker, sued a Chinese firm over its usage of the brand "Wei Ge" or "Mighty Brother" in November 2005, but lost the case last month, Pfizer said."
While Pfizer markets the anti-impotence pill as Wan Ai Ke in China, it is commonly called Wei Ge by the public (via BBC).
February 06, 2007
First Ever Destruction Of Counterfeit Goods In Serbia
SD PETOSEVIC: "Fake NIKE Destroyed In Serbia."
"According to the Customs Authorities, one of the major obstacles to destruction was the lack of suitable facilities in Serbia for destroying plastics, rubbers and other similar materials in an environmentally friendly way . . . 13,000 pairs of counterfeit running shoes, bearing the trademarks of NIKE and DEISEL, were destroyed in one day at the State waste facilities. Instead of burning the running shoes, as was done in other countries, the shoes were cut into small pieces by a large machine used for destroying tires. The method had the approval of the Serbian Ministry of Environment, as is required under the law."
English translation of Serbia's Trademark Law.
February 05, 2007
Apple Ends Dispute With Beatles Over Trademarks
Bloomberg: Apple Ends Dispute With Beatles Over Trademarks
In 2003, I wrote here:
"In 1989 Apple Computer paid Apple Corps. (the Beatles' label) $27 million to settle a trademark lawsuit. I believe that Apple also paid several million in legal fees at the time (Apple's unsuccessful attempt at getting insurance to pay its fees reported here). Without seeing the 1989 settlement agreement, I can't comment on the somewhat surprising news that Apple Computer launched its new iTunes service without assurance that Apple Corps. wouldn't sue again. It has . . . This makes Apple Computer look like a repeat offender."
February 01, 2007
GEMA v. YouTube and MySpace?
NewTeeVee: "YouTube, MySpace Face European Copyright Clash":
"Collective licensing organizations throughout the continent have been demanding compliance in recent months, seeking their share of the potential billions generated by online video. At the forefront of this movement is GEMA – a German organization that now now has its sights on YouTube and MySpace."
January 31, 2007
China: "Nation To Intensify War On Fake Ads"
China Daily: "Nation to intensify war on fake ads.": "China will intensify its fight against advertisements for fake or scientifically unproven medical treatments, drugs, health foods, cosmetics and beauty services, says a government document."
January 24, 2007
"Copyright Suit in China Called Opening Salvo in Media War"
international Herald Tribune: "China Suit In China Called Opening Salvo In Media War"
"A lawsuit that has been filed by one of China's largest newspapers against one of the country's leading Internet portals over the issue of massive copyright violations is being described here as the opening salvo in a media war.
In the suit, which was filed in October and is expected to go to court soon, The Beijing News is seeking $400,000 in damages from a popular Internet site called Tom.com for having copied and republished more than 25,000 articles and photographs without authorization since 2003.
. . .
Very gradually, an awareness also seems to be taking hold that China's companies must build strong brands of their own to be successful, and that this cannot be accomplished in an environment where copying goes unpunished.
"To enhance the country's development we are trying to encourage innovation," said Xu Chao, vice director of the National Copyright Bureau.
"We are placing more emphasis on intellectual property and have made improvements in the law. It used to be possible for traditional media or Internet media to simply copy each other's work, but now this has been forbidden."
January 13, 2007
In A Related Story, the RIAA Has Announced Formation Of Its Own Navy
December 21, 2006
70% Of China's Internet Bandwidth
According to this website, quoting The Economist, 70% Of China's Internet Bandwidth is used for the transfer of pirated films. HT IP Dragon, which also notes that in China, counterfeitors are putting 'special trademarks' on their counterfeits, to prevent counterfeitors from copying the copies (??).
December 19, 2006
Australian Linking Decision Is Not The End Of The World, Probably
On Monday, the Federal Court of Australia ruled in Cooper v. Universal Music Australia, that a website that did not itself host infringing MP3 files, but was structured to provide easy linking access to such files, was liable for copyright infringement. Australian IP expert Kimberlee Weatherall tells us that while the Cooper decision's 'linking is authorization of infringement' holding is not great, the specific facts of the case may limit its applicability.
December 07, 2006
Australian Flea Market Operators Want To Know:
Why is it infringement to authorize infringement of copyright or patent, but not trade mark? Horsehair wig wearer Warwick Rothnie discusses a case brought by LVMH against an Australian 'trash and treasure' market.
December 06, 2006
Gower Report On IP In The UK Released
Her Majesty's Treasurer has released the Gower Review of Intellectual Property. IPKat took a quick look and notes highlights in the recomendations: NO copyright extension; Fast-track trademark registration process for small business; enhanced safe-harbors against copyright infringement. Attention UK practitioners: after you've had a chance to mull, send me links to your comments.
Managing Intellectual Property article on Gower.
December 02, 2006
When I'm 64
CNN: "Aging Rockers Set To Lose Copyrights" (UK mulls copyright extensions, background here).
November 28, 2006
Copyright Term Extension For Sound Recordings in the UK?
Copyfight: "No 'Sergeant Pepper' Law in the UK"
October 19, 2006
WuMart Everyday Low Price
The WSJ ran its regular article on trademark piracy in China today. In this crop was HONGDA Motorcycle, ROEWE Cars, CHERY cars, REDBERRY hand-held communications devices and WUMART retail stores, which feature every day low prices.
October 16, 2006
STARBUCKS v STARPREYA: How Close You Can Come in Korea
Not referring to nuclear brinkmanship. How close you can come to the look and feel of a trademark in South Korea without infringing that trademark. You can come this close.
IPKat comments here.
October 12, 2006
PRC: PLAYBOY v. PEARLBOY
BBC: 'Playboy sues over China bunny.' HT Ed.
"Germany: Trademarks As Meta Tags"
From Lovells September 2006 newsletter: "Germany: Trademarks As Meta Tags" (discussion of German Supreme Court decision re whetherunauthorized use of a trademark as a meta tag constitutes infringement in Germany (yes)).
New Ethiopia Trademark Law
From NJQ & Associates: Ethiopia Trademark Registration and Protection Proclamation
October 11, 2006
Sorry Mac, MacCoffee Too Close to McCafe
October 10, 2006
SHOOX v. NIKE SHOX in Argentina
From the August 15 INTA newsletter comes a report of a May decision in Argentina in which the owner of SHOOX for Class 25 items successfully cancelled Nike's Class 25 registration for NIKE SHOX. The Federal Court of Appeals noted that a second comer may not overcome a challenge when adopting a confusingly similar mark simply by appending its famous house mark.
October 05, 2006
Hormel's CTM App. For SPAM For Spam Rejected
The Register: "Hormel loses bid for spam trademark."
September 27, 2006
The Incredible Expanding CTM
Bulgaria and Romania join the EU on January 1. The Community Trademark Office, OHIM, has published these faqs on CTM enlargement.
September 20, 2006
"Metro Defeats Tesco In Trademark Battle"
Reuters: "Metro defeats Tesco in trademark battle" (re use of METRO in EU for soap).
September 14, 2006
Hackney Wins £300,000
Out-Law: Hackney council has won £300,000 from Nike in adispute over the London borough council's logo, which Nike had used on sports clothes without permission. Nike will also pay the council's legal costs."
"Behind Google's German Courtroom Battle"
News.com: 'Behind Google's German Courtroom Battle" (Lawsuit contesting Google's ability to use the GMAIL mark in Germany and other countries).
September 12, 2006
GIV Soap Round-Up
Wings Group of Indonesia sues Murzah of Tanzania for infringing its rights in GIV Soap.
And on Alibaba, you can buy not only GIV Soap:
but CLV Soap as well, both from Yiwu & Zhejang Fortune Import and Export Co:
Interlocutory Injunctions In India
Business Standard: The Battle Over Injunctions by MJ Antony.
September 05, 2006
Who's The TOPPS In Argentina?
Odd NY Lawyer article detailing trademark/contract dispute between Topps and former Argentinian licensee, allegedly using Topps' bubble gum recipe. Article indicates that Topps had sold the TOPPS name to the licensee awhile back. I don't know the background so I will only say 'hmmmm.'
August 30, 2006
Legal Action Barbie
June 14, 2006
Why Bother Doing Business In Russia . . .
. . . when things like this happen?
June 07, 2006
Adidas v Grand Slam Dress Code
The organizers of the Grand Slam tennis events (U.S. Open, Wimbledon, etc) promulgate a dress code that minimizes the use of trademarks, so as to prevent tennis players from looking like Nascar drivers. Some manufacturers argued that Aididas' three stripe design constituted one such identification that should be prohibited. Adidas sued the Grand Slam group, arguing that competitors' source-identifying design elements were not coming under comparable scrutiny, and that the dress code runs afoul of EC competition rules.
Adidas-Solomon AG v. Lawn Tennis Associaton, et. al., [2006] EWHC 1318 (Ch).
IPKat discussion here.
TimesOnline.co.uk coverage here.
Prior Adidas statement on dispute here.
June 02, 2006
The Widow Cliquot and Barbie Lose In Canada
Globe and Mail: "Barbie, Veuve Cliquot Lose Trademark Battles."
Mattel fails to stop a BARBIE'S restaurant.
LVMH fails to stop a clothing chain, LES BOUTIQUE CLIQUOT. Cliquot is a French surname and Veuve Cliquot refers to the Widow Cliquot.
Veuve Cliquot Ponsardin v. Boutiques Cliquot Ltee and 3017320.
April 27, 2006
German Supreme Court Case On FIFA Mark
April 24, 2006
Three Years In A Barrel In Scotland
From the Wiki entry for Scotch Whiskey:
" [T]he Scotch Whisky Order of 1990 which clarified the Scotch Whisky Act of 1988, and mandates that the spirit:
Must be distilled at a Scottish distillery from water and malted barley, to which only other whole grains may be added, have been processed at that distillery into a mash, converted to a fermentable substrate only by endogenous enzyme systems, and fermented only by the addition of yeast,
Must be distilled to an alcoholic strength of less than 94.8% by volume so that it retains the flavour of the raw materials used in its production,
Must be matured in Scotland in oak casks for not less than three years, and
Must not contain any added substance other than water and caramel colour."
If it doesn't meet these criteria, then it may not be called Scotch Whiskey.
The Delhi Court has now ruled that, pursuant to India's obligations under TRIPS, that a name may not otherwise suggest a Scottish origin, as it recently prohibited the use of RED SCOT.
April 19, 2006
China Daily: 'Luxury Brands Win Trademark Lawsuit"
China Daily: "Luxury Brands Win Trademark Lawsuit" (Prada, Louis Vuitton, Chanel, Gucci and Burberry win $2500 each from market selling counterfeits).
March 28, 2006
WIPO To Announce "Singapore Treaty"?
This Channelnewsasia.com article reports that WIPO has announced a revised Trademark Law Treaty, to be named the Singapore Treaty, after the location of the recent conference. No announcement on the WIPO site yet. Background here.
February 24, 2006
'Not Made In China'
IPKat on the possibly descriptive, possible disparaging mark NOT MADE IN CHINA, filed for in the EEC. The article cited by IPKat reports that the same applicant, Alvito, filed in the U.S. but was rejected. This may not be correct, as I found three pending design applications by Alvito for that mark, all of which have not yet been examined. However a different entity has filed in the U.S. for NOT MADE IN CHINA as well, and it received a preliminary geographical descriptiveness objection. Several registrations contain the words MADE IN CHINA, and have disclaimed that term.
UPDATE: TTABlog on a prior TTAB decision on NOT MADE IN FRANCE.
February 11, 2006
RED CROSS in Canada
Cory Doctorow on the Canadian Red Cross policing the RED CROSS symbol.
January 25, 2006
Cooper v. Cooper in New Zealand
January 17, 2006
UGG BOOTS in Australia
January 12, 2006
PICARO Not Likely To Be Confused With PICASSO
IPKat on Estate of Picasso failing to block applicaton for PICARO for vehicles (prevailing party depicted above).
January 06, 2006
IPOD v. SPODRADIO in Germany
IPOD v. SPODRADIO in Germany, via The Alarm Clock, hat tip Jay. Bonus reference to Caveman Lawyer in article.
January 05, 2006
Jan Jansen v. Armani
Amsterdam District Court holds that Armani shoe infringes Jan Jansen's 'Tutti Piedi.' Via Lovell's IP Newsletter (containing photo of both shoes).
January 04, 2006
India: Copyright Infringement of Database
January 03, 2006
STARBUCKS in China
Starbucks prevails in China against infringer, via a new blog from the WSJ named, LAW BLOG, with free Eddie Murphy reference.
December 21, 2005
UK Trademark Office Says Fcuk That To Invalidation Action
December 19, 2005
Ferns Belong To All New Zealanders
and therefore the New Zealand Rugby Union cannot register it as a trademark. Via stuff.co.nz.
November 29, 2005
SUN v. PURPLE SUN in the UK
VODAFONE v. VODAFONE in Russia
Vodafone goes after name squatter in Russia.
Similar story re STARBUCKs in Russia here.
November 22, 2005
Odd Story Regarding IKEA in Russia
November 21, 2005
Wilkinson and Gillette Cross Blades
Wilkinson and Gillette litigate: 'A Competitive Edge In A Cutthroat Market' via BrandChannel.
Additionally commentary from The Onion here (hat tip Douglas).
November 14, 2005
Vietnamese Trademarks Not Protected Abroad
Bloomberg v. PengBo
Bloomberg LP apparently uses the trademark PENGBO in China. It has sued two Chinese companies for using that mark. The article doesn't explain why Bloomberg uses that trademark.
This may be completely missing the issue in this case, but some Western companies use neither a translation nor a transliteration (characters that produce the phonetic equivalent of the name) in China, but use a connotative equivalent. If you have insight on the Bloomberg situation, pass it along.
November 07, 2005
Validity of FIFA Trademarks
OHIM confirms FIFA World Cup Trademarks. Via Sportsbusiness.com.
Prior discussion of case by Lovells here.
'China's Logo Crackdown'
From Friday's Wall Street Journal (sorry, I'm running behind), an article (no free online version available) entitled 'China's Logo Crackdown,' discussing the absence of infringements of the logo for the 2008 Beijing Olympics. The question is raised: if China can effectively stop the infringement of one trademark, can it effectively stop the infringement of other trademarks.
November 02, 2005
What You Cannot Do In Australia
You cannot copy your CD onto your iPod in Australia. More here.
UK Found To Be Convenient Forum For NY Company
IPKAT reports on a forum non conveniens application by Atari of NY denied in a UK court. Maybe the IPKAT can expand upon its observation as to 'how infrequently an application to stay UK proceedings in favour of a foreign action is ever successful - at least in IP disputes.'
October 24, 2005
STARBUCKS Encounters Trademark Squatter In Russia
Starbucks prevented from expanding into Russia due to trademark cybersquatter. Via The Age.
Discussion of protection of famous marks in Russia by Starbuck's attorney.
October 19, 2005
Google Changes GMAIL to GOOGLEMAIL in the UK Due to Trademark Protest
Reuters reports that Google will stop using GMAIL and will instead use GOOGLEMAIL in the UK, as a result of a trademark protest from an owner of prior rights in the term.
I will subtly point out here that our firm performs trademark clearance searches and provides availability opinions for the U.S. and abroad, working with a network of international attorneys.
October 14, 2005
ART ATTACK Owner Cashes In
New Zealand trademark owner of ART ATTACK receives windfall. Via NewsTalk ZB.