IP Review
IP Review is a monthly round-up of what's going on in the world of IP, reporting on news regarding trademarks, patents, copyright, design rights and other forms of intellectual property from publications the world over.
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News Archive26 June: Cristal given permission to sue ‘Cristalino’
Champagne Louis Roederer, producer of Cristal Champagne, has been given permission by a US federal appeals court to file a suit to block J. Garcia Carrion S.A. from registering trademarks for ‘Jaume Serra Cristalino’ and ‘Cristalino’ in the US for its Spanish Cava products – overturning a previous decision.
Courthouse News
23 June: Katy Perry vs Katie Perry
Legal representatives of Katy Perry, the American singer signed to EMI, are attempting to block Katie Perry, the Australian fashion designer, from registering her name as a trademark.
China Daily
22 June: Van Halen sues Nike
Rock guitarist Eddie Van Halen is suing Nike for copyright infringement, claiming Nike has used his trademark red, black and white stripe design used on guitars and trainers, on its trainers.
MyFox Chicago
18 June: L’Oreal wins ‘smell-alike’ trademark case
The ECJ today finally ruled in L’Oreal’s favour in its ongoing litigation against Bellure. ECJ found that Bellure’s use of packaging and signs similar to those of L’Oreal’s fragrances were taking unfair advantage of L’Oreal’s trademarks.
The Times
17 June: Malteesers ‘too famous’ to cause confusion
Mars has lost its trademark infringement claim against Sweet Rewards Pty over the use of the term 'Malt Balls' (and associated getup) which was similar to its Malteesers brand. The Australian Federal Court ruled that Malteesers was too famous to cause confusion.
The Australian
17 June: Facebook trademark threat
Facebook has announced that users are now able to register their own names as URLs (facebook.com/yourname), presenting some difficult problems for trademark owners.
New York Times
16 June: Scots call for tartan trademark
Lord Jamie Sempill, director of The Gathering 2009, has called for a ‘tartan trademark’. The European Parliament has already been asked to extend its geographical protection scheme to include products other than food and drink, for descriptions such as "Scottish tartan", "Scottish kilt" or "Highland kilt".
The Scotsman
16 June: Cat Stevens accuses Coldplay of plagiarism
Yusuf Islam, who used to be called Cat Stevens, has accused Coldplay of plagiarising elements of his 1973 tune 'Foreigner Suite' in their 2008 hit 'Viva La Vida'. Islam does not want damages but would settle for a cup of tea with the band.
NME
13 June: New Kids on the Block sues to protect name
Newly reunited US band New Kids on the Block, are suing a US production company for allegedly trying to trademark their name for use to either launch a rival band under same name or sell the trademark to the original band.
Boston Herald
12 June: Lastminute.com wins trademark appeal
Lastminute.com has won the right to have a competing firm's European trade mark cancelled, Last Minute Tour. Lastminute.com had been refused a European trademark in 2000 because the term was not distinctive enough but The European Union's Court of First Instance (CFI) has overturned this ruling.
Travolution
11 June: Lindt chocolate bunny trademark at risk
European Court of Justice (ECJ) has referred the case of Hauswirth vs Lindt back to the Austrian Court, asking them to decide whether Lindt acted in ‘bad faith’ when registering its trademark design in 2001, potentially putting the Lindt registration at risk.
Guardian
11 June: IP litigation set to increase
According to research from law firm Freshfield’s, 38% of the world’s leading IP owning companies have indicated an increased willingness to take competitors to court in a bid to protect their IP rights, and 30% will be seeking to exploit further their IP rights through licensing during the downturn.
Freshfields
11 June: Family photo copied for advert
A US family was shocked to discover their family photo – used on their Christmas card – was being used, unauthorised, in Prague to advertise a grocery delivery service.
BBC
09 June: BNP leader asked to stop wearing Poppy trademark
The Royal British Legion has written an open letter to Nick Griffin, Chairman of the BNP and MEP for North West England, asking him to refrain from wearing a Poppy which is ‘trademark and emblem of The Royal British Legion’ to prevent a political message being associated with it.
Royal British Legion
03 June: Catcher in the Rye ‘rip-off’
90-year-old JD Salinger is seeking an injunction blocking the publication of an unauthorised sequel to his book, ‘Catcher in the Rye’, entitled ‘Years Later: Coming Through the Rye’ by the author, JD California. The lawsuit claims: ‘"It is a rip-off, pure and simple."
The Independent
03 June: Cher sues Universal Music over missing royalties
Cher is suing Universal Music for $5m in royalty payments she claims the company hid through ‘creative accounting’ relating to royalty payments for two compilation albums.
Accountancy Age
01 June: Psion settles ‘Netbook’ trademark dispute
Psion has voluntarily withdrawn all of its trademark registrations for ‘Netbook’, following an amicable agreement with computer giants Della and Intel. Details of the financial settlement have not been disclosed.
Psion
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