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 Archive30 August: Ansel Adams trademark dispute revelation
The estate of photographer Ansel Adams received a turnaround in its trademark infringement dispute against Rick Norsigian, who claimed he was in possession of authentic Ansel Adams negatives valued at over $200m. The expert who previously verified the negatives declared he made a mistake.
New York Times
27 August: Facebook attempts to trademark ‘Face’
Facebook is attempting to protect its brand by trademarking the word ‘Face’.
PC World
25 August: Facebook defends ‘Book’ trademark
Facebook is suing Teachbook, a US social network for teachers, as it claims the use of the suffix ‘book’ "rides on the coattails of the fame and enormous goodwill of the Facebook trademark" and risks diluting the distinctiveness of its Facebook trademark.
Guardian
23 August: BBC sues to defend Top Gear Stig brand
The BBC is suing publisher Harper Collins which is threatening to reveal the identity of Top Gear’s Stig – the motoring show’s star driver – which the BBC claims breaches contractual and confidentiality obligations.
BBC
20 August: Madonna accused of trademark infringement
Madonna is being accused of infringing the trademark rights of US manufacturer L.A. Triumph, by using the Material Girl name for her fashion collection.
Contact Music
17 August: Best Buy threatens priest for copyright infringement
US electronics giant, Best Buy, has forced Rev. Luke Strand to remove his ‘God Squad’ logo from his VW Beetle which Best Buy claimed infringed the copyright for its ‘Geek Squad’ logo.
Fox News
17 August: Is negative brand endorsement legal?
Snooki, the US reality star who has a less then favourable image and reputation, is being sent designer clothing and accessories by these brands’ competitors in an attempt to undermine these brands image and prevent Snooki from being seen and photographed wearing their own brand.
Observer
12 August: Aviva faces trademark dispute
Aviva is facing a potential trademark dispute from an IFA who owns the trademark Your Money Matters and claims Aviva’s use of it is infringing his rights.
Financial Times
11 August: Gervais sued over Flanimals copyright
Comedian Ricky Gervais is being sued by writer and artist John Savage who claims Gervais’ best selling book, Flanimals, infringes his copyright.
BBC
10 August: Sky & Skype. Confusing?
BSkyB is claiming Skype’s trademark is confusingly similar to its own and, as Sky now offers telecoms and internet services, they now operate in the same sector adding to the confusion.
Brand Republic
09 August: Did you think vitaminwater was healthy?
Coca-Cola is being sued by the Center for Science in the Public Interest over Coca-Cola’s claims its Vitaminwater has health benefits. Coca-Cola is defending the claim by suggesting "no consumer could reasonably be misled into thinking vitaminwater was a healthy beverage."
IPKat
09 August: New copycat protection bill
A new bill has been proposed by New York senator Charles E. Schumer to try and protect by copyright the designs of fashion designers, The Innovative Design Protection and Piracy Prevention Act.
Vogue
06 August: Eagles settle copyright dispute
Don Henley, from the Eagles, has settled his dispute with US Republican Senatorial candidate Chuck DeVore, having claimed the politician infringed his copyright by creating parodies of songs written by Henley.
BBC
05 August: ASDA wins Specsavers trademark dispute
Mr Justice Mann has ruled that ASDA had no intention to copy or confuse consumers, in the trademark infringement case brought against it by Specsaver, but the supermarket must cease from using the line ‘Be a real Spec Saver at Asda’ in its marketing.
IPKat
04 August: advertising.com is generic
A US judge ruled that advertising.com is generic, thereby preventing AOL from blocking Advertise.com Inc from using it.
Reuters
02 August: NFL plays sue video game creator
A former NFL footballer is suing video game creator, Electronic Arts, on behalf of 6,000 retired NLF players, claiming their image rights were used in the game Madden NFL 09 without their permission.
cnet
29 July: Cristal defeats Cristalino
Champagne Louis Roederer, maker of Cristal, has won its trademark dispute against J. Garcia Carrion's Cristalino brand, forcing Carrion to rebrand Cristalino as 'Jaume Serra Cristalino', adding a disclaimer and changing the lettering and colours used.
Business Week
29 July: Harry Potter copyright claim "fanciful"
The High Court has been told the allegations brought by the estate of Mr Jcobs, author of The Adventures of Willy the Wizard, which claim JK Rowling infringed its copyright, have been accused of being ‘fanciful’ and ‘absurd’ by John Baldwin QC, representing Bloomsbury and Ms Rowling.
Telegraph
29 July: Anheuser-Busch InBev loses Budweiser name case
The ECJ has ruled that Anheuser-Busch InBev does not have exclusive rights to the Budweiser name, following a 14 year battle. Czech brewer Budejovicky Budvar has exclusive rights to the name in Germany and it is shared by the two groups in most other European countries.
BBC
28 July: How to increase copyright value from $45 to $200m
Painter Mr Norsigian purchased 65 photographic negatives in 2000 for $45 and now, having been authenticated as being the work of Ansel Adams (which the estate is disputing), they are worth $200m, it is claimed.
BBC
27 July: Monster claim
Owners of the Godzilla trademark claim manufacturers of the Tuffzilla dog chew toys infringe on its copyrights, by using the suffix ‘zilla’ and related descriptions associated with the Godzilla story.
Courthouse News
26 July: FTSE 100 company uses brand to fill pension deficit
A FTSE 100 company has used brand valuation specialists Intangible Business to help it price contingent assets to fill a pension funding gap.
Pensions Week
22 July: Can jokes be copyrighted?
Comedian Keith Chegwin has been attacked by fellow comedians for allegedly stealing other people’s jokes and using them on his Twitter account. But does this constitute copyright infringement?
BBC
22 July: Barbie vs Bratz decision reversed
The US appeal court has reversed Mattel’s rights to £100m of MGA’s Bratz products, ruling that “It is not equitable to transfer this billion-dollar brand, the value of which is overwhelmingly the result of MGA’s legitimate efforts, because it may have started with two misappropriated names.”
Wall Street Journal
21 July: 10-year old hit by Chaplin copyright threat
Bethany Hare, a 10-year old from Yorkshire, has been hit by a copyright infringement claim by the estate of Charlie Chaplin, following Bethany’s use of Chaplin’s song Smile in an internet video used to raise money for charity. She is being asked to pay $2,200 plus $280 every time she performs it live.
9 News
14 July: Dairy pays $270k for image right claim
Lindahals, a Swedish dairy, has paid a Greek man $270,000 for using his image on their Turkish yoghurt product for eight years without the man’s permission.
The Local
13 July: eBay sued for patent infringement
eBay is being sued for $3.8bn by XPRT Ventures over allegations the online auctioneer is infringing six patents used to develop payment systems such as PayPal.
Reuters
13 July: Fake vodka gang imprisoned
Southwark Crown Court has sentenced a gang responsible for the counterfeit production of brands such as Smirnoff and Kirov, avoiding £10m of tax, for 57 years.
Mirror
12 July: Virgin’s trademark conflict
Richard Branson’s British Virgin Group, 26 percent shareholder in Australia’s Virgin Blue airline, is objecting to the airline’s attempts to own the Virgin brand causing its delayed relaunch.
Sydney Morning Herald
12 July: Lleyton Hewitt fails to register ‘come-on’ trademark
Australian tennis star Lleyton Hewitt has failed to register his familiar ‘come-on’ cry as a trademark following its existing registration by an Australian father.
Herald Sun
10 July: Best Buy trademark threat
American electronics retailer Best Buy has been hit by a potential trademark dispute by Worldwide Sales Corporation which claims it owns the Best Buy trademark in Europe and has asked Best Buy to cease and desist using it.
Daily Mail
08 July: Disney pays $269m in unpaid royalties
Following a successful challenge by the creators of Who Wants to Be a Millionaire?, Disney has been ordered to pay out $269m in unpaid royalties.
Guardian
08 July: Ocado licenses IP to expand
Ocado, the online grocer, is set to expand overseas by licensing its IP rights, including its software, to overseas retailers including Carrefour.
The Independent
08 July: Portakabin loses AdWords dispute
The European Court of Justice has ruled Primakabin’s use of key word advertising using words including and similar to competitor Portakabin, such as portacabin and portokabin does not constitute trademark infringement. Click to view judgments here.
The Inquirer
06 July: Zappa trademark declared invalid
A German court has ruled that the Zappa trademark, owned by rocker Frank Zappa’s widow, is now invalid due to lack of commercial use, enabling the Zappanale festival to continue using the name.
The Register
06 July: Men At Work to pay copyright damages
Sydney’s Federal Court has ordered pop group Men at Work to pay 5 percent of royalties received from their hit song Down Under as damages, following Larrikin Music’s successful copyright infringement claim.
Telegraph
06 July: George Clooney’s reputation case
George Clooney is expected to provide evidence in an Italian court following the allegation that his name and reputation were wrongly used to promote a fashion show and clothing line.
Telegraph
05 July: Puma buys its trademark
Following arbitration, Puma is ordered to pay 98m euros to its former Spanish licensee, Estudio 200, to regain control of its Puma trademark in the region.
Fibre2fashion
02 July: Formula One removes F1 drink
Formula One has succeeded in its trademark infringement claim against Singaporean Speed Drinks Pte which has agreed to stop selling and destroy all cans of its F1 Racing Energy Drink as it infringes the F1 trademark.
Business Week
02 July: Golden Balls trademark win
Owners of the Golden Balls trademark have won the trademark infringement dispute brought against them by organisers of the Ballon D’Or, the European Footballer of The Year Award, following a ruling by the European Patent Office.
Telegraph
01 July: Diageo uses whisky to plug pension deficit
Diageo has provided 2.5m whisky barrels to act as collateral to its pension fund to tackle its £862m deficit, generating £25m a year over the term of the partnership. But if the trademarks are not included, this could significantly undermine the asset value. No mention of the brands is made.
Reuters
01 July: Village People star settles copyright dispute
Former Village People star, Victor Willis, has settled his copyright dispute with Hallmark for an undisclosed fee, following its unauthorised use of songs including Y.M.C.A. and Macho Man.
PeaceFM
29 June: Visa defeats eVisa
A US federal appeals court has ended Visa’s nine year battle to stop Joseph Orr using the term eVisa for his "multilingual education and information business," ruling eVisa diluted Visa’s trademark.
Reuters
25 June: 3D trademark validity discussed
Following Salvatore Ferragamo taking umbridge with Comptoir Lux, which was selling bags featuring a similar trademark to its own, the French first instance Court has ruled on the validity of whether a trademark is figurative or three-dimensional.
Marques
24 June: Google wins $1bn copyright lawsuit
A New York District Court judge has thrown out Viacom's $1 billion copyright infringement lawsuit against Google’s YouTube, which Viacom claimed infringed the copyright of its film and TV content.
Computer World
24 June: Kelly Brook trademarks her name
Model and TV presenter Kelly Brook has registered her name as a trademark for categories covering cosmetics, soaps, shampoo, hair dye, perfumery, jewellery, watches, clocks, handbags, purses, umbrellas and luggage.
The Sun
21 June: Jay-Z settles trademark dispute
Baseball star David Ortiz has agreed to change the name of his Forty/Forty Club following a trademark infringement dispute from rapper Jay-Z whose own nightclub is called 40/40.
Contact Music
19 June: Cornish pasty closer to PGI status
The Cornish pasty has been published in the Official Journal of the EU and if there are no objections, in six months it is likely to be awarded Protected Geographical Indication (PGI) status.
The Grocer
16 June: Bavaria brand ambushes World Cup
Dutch brewer Bavaria is alleged to have infringed the Contravention of Merchandise Marks Act which prevents companies benefiting from an event without paying for advertising, by clothing 36 women in its brand’s distinctive orange colour.
Guardian
14 June: RIM and Motorola settle patent dispute
Following Motorola’s patent infringement complaint against Blackberry manufacturer Research in Motion (RIM), RIM has agreed to pay damages to Motorola and both parties have entered into a new cross-licensing agreement involving various mobile patent rights.
Telecoms
10 June: FIFA raps Hook Norton Brewery
Hook Norton Brewery has agreed to remove reference to the World Cup from its seasonal Striker Ale, previously known as ‘Brewed to celebrate the FIFA World Cup 2010’, following a resolution with a FIFA trademark official.
The Publican
07 June: Tourist fined for fake Louis Vuitton
An Austrian tourist has been fined 1,000 Euros by Italian police following what she thought was a bargain purchase of a 7 Euro Louis Vuitton purse from a beach vendor, as part of the Italian police’s crackdown on counterfeit activity.
Guardian
04 June: Ozzy Ozbourne settles ‘Black Sabbath’ trademark dispute
Ozzy Ozbourne has settled his dispute with fellow band member Tony Iommi over Iommi’s use of the ‘Black Sabbath’ trademark. Osbourne claimed Iommi illegally took sole ownership of the trademark and sued him for a 50 percent interest and share of Iommi’s past profits.
Blabbermouth
04 June: Copyright Tribunal orders PPL refunds
Phonographic Performance Ltd. (PPL) has been told the Copyright Tribunal to refund £20m of music royalties it collected from pubs, hotels and restaurants.
The Publican
27 May: Harrods warns roadside cafe over trademark infringement
Knightsbridge based luxury department store Harrods, has told Hollands Cafe Lounge (off the A12 near Rivenhall, Essex) to change its logo which is ‘extremely similar’ to the Harrods script and wrongly suggests some association.
Daily Mail
25 May: Timbaland settles copyright dispute
Hip-hop star Timbaland has settled a dispute with musician David Cortopassi who launched a copyright infringement lawsuit claiming Timabland sampled part of his track Spazz in his 2007 track Throw It On Me.
Contactmusic
24 May: L’Oreal wins ‘smell-alike’ case
The Court of Appeal has upheld an ECJ ruling in L’Oreal’s favour against companies selling perfumes which smell similar to famous brands. View ECJ judgement. View Court of Appeal judgement.
Guardian
21 May: Zoe Renault sues Renault
Renault’s plans to brand its new car Zoe are in danger of being derailed by 23 year old Parisian Zoe Renault, who says she could not stand being associated with a car for the rest of her life.
BBC
20 May: Asics sues Skechers for trademark infringement
Asics is seeking an injunction in the US to prevent the sale of certain Skechers shoes which Asics claims have stripes which are ‘confusingly similar’ to its own design. Asics is claiming unfair competition, trademark dilution and false advertising.
Reuters
20 May: Danone wins Irish 'Essensis' trademark
The Supreme Court has upheld Danone's appeal, ruling that Irish competitor Glanbia was infringing Danone’s trademark ‘Essensis’ with the introduction of the 'Yoplait Essence' product. Glanbia introduced its trademark claiming Danone’s Essensis trademark should be revoked following five years of no use.
Belfast Telegraph
19 May: Sugababes contest trademark application
Pop group the Sugababes are contesting the trademark application for the word ‘Sugababes’ made by former band member, Mutya Buena. Buena formed the band in 1998 but has since left. The current line-up has now all changed.
Contact Music
19 May: Gallo wins Barefoot trademark dispute
E. & J. Gallo Winery has won a two year battle to prevent Australian company Lion Nathan National Foods from using its Barefoot brand in Lion’s Barefoot Radler beer range. Lion will rebrand the range Bare Cove Radler.
Sydney Morning Herald
18 May: Apple to trademark store layout
Apple has filed trademarks to protect the design of its store layouts. The registrations present a trademark that "consists of distinctive design and layout of a retail store."
Patently Apple
18 May: Lego wins bestcheaplego.com domain dispute
Lego has won its case against the Thai owner of the domain bestcheaplego.com whom the court ruled had registered the domain in bad faith, intending to ‘free ride on Complainant’s reputation and goodwill for commercial gain.’
Marques
16 May: Easyjet brand in dispute
Easyjet may have to change its name following a dispute, due in the High Court next month, between the airline and its founder Sir Stelios Haji-Ioannou over how the airline uses the ‘easy’ brand. Only a quarter of its revenues may be earned from selling products other than airline seats.
The Times
12 May: Schwan-Stabilo wins highlighter trademark dispute
Schwan-Stabilo, owners of the trademark of the iconic highlighter pens, has won its dispute against the Beifa Group, which had its application for a similar looking design previously accepted. Click to view judgement.
Marques
12 May: Chelsea retains José Mourinho trademarks
Chelsea football club still owns European trademarks to the former manager’s name (filed in 2005) and signature (filed in 2006). The registrations cover a range of lifestyle goods including fragrances, sunglasses, jewellery and clothing.
Own-it
08 May: Apple sued for ‘patent infringement’ by Nokia
Nokia is challenging Apple over use of technology in its iPad 3G and iPhone which Nokia claims infringes its patents for speech and data transmission and antenna innovations for compact devices.
BBC
05 May: Gmail to return to UK following trademark resolution
Independent International Investment Research (IRR Group) has settled its trademark dispute with Google, enabling the search engine to allow UK consumers to use a @gmail.com address.
ZDNet
29 April: Google wins ‘thumbnail’ copyright infringement claim
Germany’s Federal Court of Justice has dismissed a case against Google which alleged that Google was infringing copyright by publishing photographs in search results. The court ruled that Google “was allowed to interpret the plaintiff’s behavior as agreeing to use her works in image searches.”
Businessweek
29 April: Absolute Radio and Absolut Vodka settle
Absolute Radio and Absolute Vodka have settled their trademark dispute, in which Absolute Vodka was objecting to Absolute Radio’s use of the term Absolute on grounds of trademark infringement and passing off.
The Guardian
28 April: ‘Master Farrier’ becomes a trademark
The term 'master farrier' became a trademark this week and can now only be used by associates and fellows of the Worshipful Company of Farriers (WCF).
Horse and Hound
26 April: Ede & Ravenscroft sues for stolen client list
Tailor of distinction Ede & Ravenscroft is suing a former employee, claiming he stole information about its clients to help set up on his own. It is claiming £150,000 in damages.
This is London
22 April: BNP facing Marmite legal action
A party political broadcast from the British National Party featuring a jar of Marmite has prompted Marmite’s owner, Unilever, to threaten taking an injunction out against the party.
BBC
19 April: Costco/Swatch copyright infringement appealed
The U.S. Supreme Court is the hear Costco’s appeal against Swatch. Swatch claims Costco was unauthorized to sell its Omega branded watches in its discount outlets which Costco had purchased through the grey market, and was therefore infringing Omega’s copyright.
Reuters
16 April: Salvador Dalí heirs win royalty payments
The ECJ has upheld a French law that gives five family members of the painter Salvador Dalí the right to royalty payments from the resale in France of art he bequeathed to Spain.
Irish Times
14 April: North Face settles with South Butt
North Face, the outdoor clothing brand, has reached a settlement with school boy Jimmy Winkelmann who produced a range of clothing parodying North Face, called South Butt.
Denvor Post
13 April: Pamela Anderson sued over ‘Muse’ trademark infringement
Pamela Anderson’s clothing range, named ‘A*Muse’, allegedly infringes a 2002 registered trademark owned by US clothing brand Maggy London International, ‘Muse’. Using ‘A*Muse’ is "a disingenuous effort to disguise their infringing activities," the lawsuit charges.
New York Post
09 April: Sports Ministry objects to treading on ‘India’ trademark on wicket
The Indian Sports Ministry has written to Lalit Modi, commissioner of the Indian Premier League, requesting the removal of the ‘Building India’ tag line on the bowlers’ run-up, as treading on the word India ‘hurts public sentiment’ and shows disrespect to the name of the country.
Hindustan Times
07 April: Bacardi wins Havana Club trademark dispute
After 13 years of disputing who owns the Havana Club trademark, a US District Judge has ruled that Pernod Ricard cannot prevent Bacardi from selling Havana Club branded in the US. Pernod sells Havana Club branded rum outside the US and Bacardi within.
The Drinks Business
04 April: Maker’s Mark wins trade dress dispute
Fortune Brands’ Marker’s Mark has won its dispute with Diageo’s Cuervo. The judge ruled that Maker’s Mark’s wax seal coating is a well-known and valid trademark and Cuervo may not use it on any of its Tequila products.
Marketwatch
29 March: Nestlé wins ‘Red cup’ confusion round
The European General Court has found that a trademark of a red coffee cup in a pile of coffee beans is ‘slightly similar’ to Nestlé trademark and should proceed to the likelihood of confusion assessment.
MARQUES
23 March: Google wins Adwords trademark dispute
The European Court of Justice has ruled that Google has not infringed LVHM's trademark rights, stating, “Google has not infringed trademark law by allowing advertisers to purchase keywords corresponding to their competitors’ trademarks.” View the press release.
Marketing Week
22 March: Bridgestone sues Amberstone for trademark infringement
Bridgestone Americas is suing Commerce Max, Inc. for ‘trademark infringement, trademark dilution and unfair competition’ over its launch of the Amberstone brand which Bridgestone claims trades off its ‘stone’ suffix.
Tire Review
19 March: Lady Gaga sued for £20m
Lady Gaga, the Grammy Award-winning winning pop star, is being sued by ex business partner Rob Fusari who claims he came up with Gaga’s name, co-write a number of her songs and helped secure her record contract. Fusari is claiming for £20m. View suit 1 and suit 2.
Daily Mail
18 March: Travel agents risk Olympic copyright infringement
Travel agents have been warned they risk criminal prosecution if they fail to adhere to the strict trademark and copyright laws surrounding the London 2012 Olympics. Two ABTA members have already received official warnings, with potential fines of up to £20,000.
Travel Weekly
18 March: Marvel & Disney sued over copyright claim
Heirs to Jack Kirby, the creator of the Marvel characters and stories that Disney acquired last year for $4bn such as Spiderman and X-Men, are suing Disney to reclaim their copyright rights.
Comic Book Resources
16 March: Google’s Nexus One trademark refused
Google’s US application to register Nexus One as a trademark for use on its mobile phones has been refused, as it conflicts with an existing trademark belonging to Integra Telecom.
Cnet
14 March: Whirlpool wins patent dispute
Whirlpool has been awarded $1.78 million in damages, having won its suit against LG Electronics, whose sale of side-by-side refrigerators infringed upon Whirlpool's patent for a refrigerator in-the-door ice system.
Wall Street Journal
12 March: Burberry sues TJ Maxx over trademark infringement
Burberry is suing US discount retailer TJ Maxx (TX Maxx in the UK) for trademark infringement claiming the retailer is selling ‘counterfeit’ Burberry goods that are designed “to attract their target customer base and profit at Burberry’s expense”.
The Times
11 March: Pink Floyd wins EMI royalties battle
Pink Floyd has won its court battle against EMI, preventing the record label from selling singles from Pink Floyd’s albums individually over the internet.
FT
10 March: Lindsay Lohan sues E-Trade for $100m damages
Actress Lindsay Lohan is suing E-Trade for $100m, claiming E-Trade’s advertisement featuring the word ‘Lindsay’ damages her reputation and violates her rights by using her ‘name and characterization’ in business without paying her or getting her approval.
New York Post
10 March: Pineapple Dance Studios in trademark dispute
Covent Garden’s Pineapple Dance Studios is in conflict with Yorkshire’s Pineapple Performing Arts Theatre School, requesting the York-based school change its name, which it claims to have used since the 1980s and 1990s.
Digital Spy
09 March: Private equity snaps up Leibovitz IP
Colony Capital, the US private equity firm, has refinanced the photographer Annie Leibovitz's debt that was secured against copyright from her photography.
FT
06 March: Ferrari tells off Daimler
Ferrari, unhappy over the its Enzo supercar appearing in Smart car’s latest advert, wrote to Smart’s owner Daimler to protect its intellectual property rights requesting it cease.
MARQUES
04 March: General Court rules on 3D trademarks
The General Court has ruled that confusion does not exist between the glass bottles of Weldebräu and Kofola Holding. Weldebräu had opposed Kofola Holding’s application to trademark the shape of its bottle claiming dilution of distinctiveness and confusion. Click to view the judgement.
MARQUES
04 March: Weight Watchers risks brand with McDonald’s tie-up
Weight Watchers has formed a partnership with McDonald’s in New Zealand to promote its fast food to its member in return for the Weight Watchers logo featuring on some McDonald’s meals.
Telegraph
03 March: Former Sugababes apply to trademark brand
Mutya Buena, Keisha Buchanan and Siobhan Donaghy, former members of the Sugababes pop group, have applied to register the band’s name as a trademark. If successful, they could force the new line up (consisting of Heidi, Amelle and Jade) to rename themselves.
Guadian
03 March: Reebok sued over ‘Finish Strong’ trademark infringement
Reebok International is being sued by ‘Finish Strong’, a US-based company that sells inspirational merchandise with that slogan, which claims the sports brand is infringing its trademark rights with its use of the term ‘Finish Strong’ on T-shirts worn by Super Bowl winners the New Orleans Saints.
NBC Chicago
02 March: The Ivy tackles US doppelganger
Tim Power, ex-head of The Ivy’s former owner the Belgo dining group, has opened a $5m restaurant in Florida named after London’s most celebrated restaurant, The Ivy.
Guardian
26 February: Yorkshire Rhubarb granted protection
Yorkshire Rhubarb has been granted Protected Designation of Origin status by the European Commission, enjoying the same status as Champagne, Parma ham and the Melton Mowbray pork pie.
The Times
24 February: London's Cipriani restaurant loses trademark battle
The Court of Appeal has upheld a previous judgement confirming that London’s Cipriani restaurant will have to change its name after losing to Venice's Hotel Cipriani over trademarks. View the judgement here.
Business Week
22 February: Quiksilver wins Roxy trademark case
The Ninth Circuit Court of Appeals imposed a very broad injunction on Kymsta to narrowly restrict its activities and use of its offending “Roxywear” name in order to eliminate any consumer confusion in the marketplace and the ability of Kymsta to trade on the fame of the “Roxy” trademark.
Quiksilver
19 February: JK Rowling accused of £500m copyright infringement
JK Rowling, author of the Harry Potter series, has been accused by the estate of children's writer Adrian Jacobs of plagiarising his 1987 book 'The Adventures of Willy the Wizard: No1 Livid Land' in 'Harry Potter and the Goblet of Fire' published in 2000, with damages estimated at £500m.
Mirror
19 February: MG trademark dispute resolved
The High Court has ruled that Nanjing Automobile Corporation owns the rights to the MG trademark and Sports and Racing Europe, which has been using the MG on its MG X POWER supercar, has been using the trademark without entitlement.
BBC
15 February: Publicans praise copyright ruling
The High Court today ruled that new copyright license fees imposed by Phonographic Performances Ltd. (PPL) were excessive. Publicans and retailers will save £5m a year and a £20m refund will be available for the excessive charges they have been paying over the past five years.
The Retail Bulletin
15 February: LVMH defeats eBay
The French court has ordered eBay to pay LVMH 200,000 Euros in damages and stop paying search engines to direct certain key words to the eBay site. The court found that eBay had damaged the brand image of Louis Vuitton.
Wall Street Journal
11 February: Red Bull beats Red Bat
Red Bull, the Austrian energy drink maker, has won its legal battle against a Swedish drinks rival, Red Bat, after a Swedish court ruled that the Red Bat logo resembled that of Red Bull’s too closely.
Foodbev
11 February: Sir Stelios’ reputation damaged by Ryaniar’s ‘Pinocchio’
Sir Stelios Haji-Ioannou claims his reputation has been damaged by Ryanair’s depiction of him with an elongated nose, Pinocchio style. The easyJet founder is demanding an apology and damages, claiming the advert "caused ongoing and escalating damage to [his] reputation".
Telegraph
09 February: Google tackles Goojje
Google has asked a Chinese search engine, Goojje (www.goojje.com), to refrain from using an abridged version of its logo in an attempt to protect its intellectual property rights.
Stuck on
09 February: Woolworths continues Apple dispute
The trademark dispute brought by Apple against Woolworths in Australia continues as the retailer files for additional time to respond to Apple’s allegations of infringement.
ZDNet Australia
08 February: L’Oreal dispute over Fuel trademark continues
L’Oreal’s dispute with Indian firm VLCC over the Fuel trademark has reached the Delhi High Court. Both sides claim ownership of the men’s skincare brand.
Economic Times
05 February: Men at Work guilty of copyright plagiarism
Australian courts have ruled that Men at Work plagiarised the traditional Australian Girl Guides track ‘Kookaburra Sits in the Old Gum Tree’ in its 1983 hit, Down Under.
BBC
04 February: Naples wins EU pizza trademark
Naples has been awarded Traditional Speciality Guaranteed label by the EU, which is designed to protect Neapolitan pizzas from imitations.
BBC
03 February: Blackberry wins Motorola patent dispute
Research in Motion, owner of the Blackberry, has won a patent dispute in the High Court against Motorola, with Mr Justice Richard Arnold ruling that RIM did not infringe Motorola’s patent rights and ruled the patent invalid. Click to view the judgement.
Bloomberg
02 February: Virgin loses trademark case
Dimitri Philippou, a South African man, has succeeded in registering his slogan "You can't be a virgin all your life it's time," as a UK trademark, dispute a five lever arch file attack from Richard Branson’s Virgin Enterprises.
Guardian
27 January: McDonald’s challenges McFest
McDonald’s is challenging Chicago teenager Lauren McClusky’s application to trademark McFest, the name of the charity fundraising concert she organises for the Special Olympics.
Chicago Sun
26 January: Lego set to lose EU-wide trademark
The advocate general for the European Court of Justice today supported the decision that the shape of Lego’s products cannot be protected and registered as a trademark, as it is in the interests of the public to keep functional shapes freely available for use.
The Times
24 January: Apple continues its iPad trademark plan
Apple is trying hard to secure international trademark rights to the iPad trademark it is expected to apply on its latest Mac tablet. In the US, however, it has to deal with current owner Fujitsu.
PC World
21 January: Audi wins EU Court backing for slogan
Audi has been awarded the backing of the EU to extend its trademarked slogan Vorsprung durch Technik into other categories beyond motor vehicles, such as toys and clothes. Click to view the judgement.
Guardian
20 January: Cheshire Cat not awarded PGI status
Disney has succeeded in overturning a previous ruling from the Swiss courts over the use of ‘Cheshire Cat’ on products, on the grounds that Cheshire and Cheshire Cat were largely unknown to Swiss people.
Marques
19 January: Diageo wins Vodkat/Vodka dispute
Diageo has won its case against InterContinental Brands (ICB) with Mr Justice Arnold ruling that “’vodka’ does have a reputation giving rise to a protectable goodwill” which ICB’s Vodkat brand was infringing. Read the judgement here.
The Times
19 January: Samsung settles Rambus patent dispute
Samsung resolved its patent dispute with Rambus by agreeing to pay Rambus $200m plus $25m a quarter for the next five years for use of Rambus’ patents. Samsung will also invest $200m in Rambus stock.
Wall Street Journal
18 January: Apple counters Nokia’s patent claim
Apple has hit back at Nokia’s patent infringement accusations at Apple with its own patent infringement complaint. Apple is trying to block Nokia phones from entering the US claiming the Finnish firm is infringing 13 of its patents.
BBC
17 January: Jay-Z loses trademark battle
Hip-hop star Jay-Z has lost his long-running trademark battle against Hell’s Kitchen winner Terry Miller, claiming the name of the restaurant ‘Rockafella’ would lead to confusion with his ‘Roc-A-Fella Records’ music empire.
Start Magazine
15 January: Kodak sues Apple and RIM
Kodak is suing Apple and Research in Motion (RIM) over allegations the iPhone and BlackBerry use Kodak’s technology.
BBC
14 January: Coldplay hit by copyright infringement action
Pop group Coldplay have been accused by unknown songwriter Sammie Lee Smith of infringing his copyright. Smith alleges that Coldplay stole tracks from him including ‘Yellow’, ‘Clocks’ and ‘Trouble’.
Aceshowbiz
12 January: Google files new Street View advertising patent
Google has filed a new patent which enables advertisers to place real-time ads on old images in Google’s Street View, such as on the side of a theatre or on a billboard.
Telegraph
10 January: Trademarks in company names
The UK Intellectual Property Office has issued its first decisions on 75 cases of company names which are identical or similar to other companies and potentially infringe their trademark rights.
IPO
10 January: Google’s ‘Nexus One’ in trademark feud
The daughter of Philip K. Dick, the sci-fi writer whose book inspired the film Blade Runner, claims Google’s use of the term ‘Nexus One’ infringes her intellectual property rights as a character from the book is an android called Nexus-6 – Google’s operating system is also called Android.
International Business Times
08 January: JacketGate
The White House has written to garment maker Weatherproof, requesting it remove an ad featuring an image of President Obama in a photograph it legally has the rights to.
Wall Street Journal
07 January: Apple buys i-phone trademark in China
Apple has bought the i-phone trademark in China from its previous Chinese owners, Beijing company Hanwang Technology, for an undisclosed sum, allegedly for several million dollars.
China Daily
04 January: Sherlock Holmes copyright holder threatens to withdraw permission
Andrea Plunkett, owner of the Sherlock Holmes US copyright, has threatened to withdraw permission for a film sequel if the protagonists become gayer.
Pink News
30 December: Google looses to Groovle
An ICANN-approved arbitration body has ruled that a Canadian search engine called Groovle.com is not confusingly similar to Google and may continue to trade.
PCWorld
21 December: Microsoft sued over Bing trademark
Bing! Information Design, a small design firm from Missouri, is suing Microsoft over allegations Microsoft’s trademark Bing causes damage and confusion with its own mark Bing!
IT Pro
17 December: Star Wars’ creator loses copyright battle
The Appeal Court has ruled that Shepperton Design Studios, designer of the original Storm Trooper helmet for the Star Wars film, can continue selling replica helmets as they are not covered by UK copyright law because they were not "works of art".
Telegraph
15 December: Asda takes Sainsbury’s slogan
Asda has adopted a new slogan by adapting one of Sainsbury’s – ‘Good food costs less at Asda' - as it aims to attract Sainsbury’s middle England customers to its recently relaunched Extra Special premium lines.
The Times
15 December: North Face sues South Butt
The North Face Apparel Corp. is suing The South Butt LLC demanding the company, run by 18 year old Jimmy Winkelmann, cease trading its parody clothing products.
Mounteverest
10 December: Decision reversed so Bratz dolls to stay on shelves
A US appeals court has overturned a previous decision ordering MGA Entertainment to cease from selling its Bratz dolls, with Mattel successfully arguing that the Bratz range was conceived whilst the designer was working for it entitling Mattel to own the copyright.
BBC
10 December: Cornish Sardines awarded PGI status
Cornish Sardines – originally branded pilchards - have become the UK's 40th food name awarded protected geographical indication (PGI) status by the EU.
Guardian
10 December: Crocs sued by Columbia over trade secrets
Columbia Sportswear is suing Crocs over allegations a former employee started working for Crocs while still under contract to Columbia. Columbia is claiming $310,000 in damages as well as a halt in sales of specific footwear models and the forfeit of profits.
Examiner
10 December: Darling reduces tax on royalties
In the latest budget, Alistair Darling announced a reduction on the amount of tax liable on royalty income from 2013, from 28% to 10%.
Accountancy Age
09 December: £10 for a Skegness ‘Fisherman’ tattoo
Skegness Town Council, which owns the copyright to its famous Jolly Fisherman poster, is to charge tattoo parlours £10 every time they put its figure on people.
BBC
08 December: Hostess brand loses bid to claim domain name
Hostess, a US snack cake and confectionary brand, has lost its bid to claim a domain name ‘hostess.com’, with the judge ruling that lack of use does not constitute bad faith and that hostess is a common word.
Domain Name Wire
07 December: Destiny’s Child settles copyright dispute
Former members of Destiny’s Child, Beyonce Knowles, Kelly Rowland and Michelle Williams, have settled the copyright dispute with singer/songwriter Rickey Allen who claims the band’s song Cater 2 U was inspired by a track he wrote in the late 1990s.
Contactmusic
04 December: Dior successfully defeats D1OR
Christian Dior Couture Societe has succeeded in its petition to the Spanish Court of Appeals to cancel the mark D1OR for its obvious resemblance to its ‘Christian Dior’ trademark.
Marques
03 December: Mr Monster Munch
25 year old plumber Chris Hunt has changed his name by deed pole after his favourite brand – Monster Munch – which he eats three bags of a day. Mr Munch has not contacted the brand owner, Walkers.
Telegraph
03 December: Starbucks sues Charbucks over confusions
Starbucks is suing New Hampshire based coffee company Black Bear Micro Roastery for selling a blend called Charbucks which Starbucks claims confuses consumers and dilutes its brand equity.
Bloomberg
30 November: Orange protects trademark in South Africa
South African PR agency Orange Ink has received letters from Orange’s legal representatives insisting it stops using the Orange name immediately on grounds of trademark infringement as “confusion or deception is likely”.
BusinessDay
24 November: Bellagio sues over alleged trademark infringement
Bellagio, the Las Vegas-based hotel and casino, is suing a Canadian firm, Bellagio Limousines, accusing the Canadian firm of internet cybersquatting, trademark infringement and dilution, unfair competition and deceptive trade practices.
Las Vegas Sun
24 November: McDonald’s to trademark 'Maccy D's'
McDonald’s has applied to register the slang-brand regularly used by consumers to refer to its restaurants, ‘Maccy D’s’.
Marketing
21 November: Robbie Williams to court investors for £50m
Robbie Williams is considering inviting the city to invest £50m in rights to his future earnings to help fund his future recording career.
The Times
21 November: M&S accused of copying Cook, again
Marks & Spencer has been accused by frozen food brand Cook! of copying its brand and packaging, three years after the issue appeared to be resolved. Cook claims its customers are being confused by M&S’s The Cook Menu.
The Grocer
16 November: US court rejects challenge to Redskins trademark
A US court has rejected the petition from six Native Americans to revoke the Redskins trademark, used by the Washington American football club, claiming the term is racially offensive, as they had waited too long to make their challenge.
Guardian
13 November: Winnie the Pooh royalty battle continues
The Slesinger family’s dispute with Disney over the alleged underpayment of royalties relating to Winnie the Pooh is set to continue following recent action.
The Vancouver Sun
13 November: FIFA v Ferrero
Ferrero looks set to win its trademark battle against FIFA. FIFA claims that Ferrero’s trademark, ‘WM’ (an abbreviation for the German version of the word 'World Cup'), confuses consumers into believing Ferrero to be an official World Cup sponsor.
Lawdit
11 November: Porsche sues Crocs over trademark infringement
Porsche is suing Crocs over the footwear brand’s use of the term ‘Cayman’ on one of its sandals, claiming it infringes Porsche’s trademark for the same term, used on a range of its sports cars.
Denver Business Journal
11 November: US bans Samsung TVs over patent dispute
Sharp has succeeded in winning an injunction from the US trade panel banning rival Samsung selling its LCD panels and TVs in the US, claiming Samsung is using four patents owned by Sharp.
Korea Herald
10 November: Cristal defends Russian trademark
Champagne Louis Roederer has successfully reversed a previous order in Russia, revoking its rights to the Cristal trademark in favour of the Kristal trademark for vodka. Cristal will continue selling its Champagne in Russia.
Food Biz Daily
09 November: Number of IP disputes rise
New statistics from the High Court reveal that the number of IP disputes increased by a third last year, from 422 in 2007 to 562 in 2008.
Law Gazette
09 November: ‘Pashmina’ trademark at risk in home country
‘Pashmina’ was recently awarded international identity protecting its Nepalese origins. However, the trademark is now at risk in Nepal due to its lack of necessary laws.
Myrepublica
05 November: Pixar and Luxo settle lamp trademark dispute
Luxo, manufacturer of the iconic desk lamp used by Pixar in its logo and also sold by the animation studio, have settled their trademark dispute. Pixar has agreed to cease selling the lamps and Luxo has permitted Pixar to use continue using the lamp pictorially.
WorstPreviews
04 November: ASDA and Specsavers clash over logo
ASDA has removed its slogan 'Be a real spec saver at Asda' following a court hearing but is continuing to use a logo which Specsavers claims is similar to its own. The two are to meet again in court in April.
Brand Republic
03 November: Lego relaunches trademark battle
Lego is this week turning to the European Court of First Instance in its bid to defend its 1999 trademark for the shape of its blocks, which had previously been denied by OHIM.
Associated Press
02 November: ‘World’s worst tennis player’ loses £500K in legal fees
A libel case brought by Robert Dee, who was named the ‘World’s worst tennis player’ by a series of magazines and newspapers has accumulated £500 of costs, far dwarfing damages he received.
The Lawyer
01 November: Riverdance sued over costume copyright
The duo behind Riverdance is being sued by fashion designer Jen Kelly who claims his designs were used by Riverdance without permission.
Irish Post
01 November: Bob Marley heirs tackle IP piracy
Bob Marley’s family have hired a firm to develop and protect the IP around the Bob Marley estate, estimated to be worth about $600m a year. The family is currently only capturing about $4m.
Guardian
30 October: Similarity of ‘Aygill's’ and ‘Agile’ trademarks questioned
The Board of Appeal and Court of First Instance have differing opinions over the similarity of Redfil’s trademark applications for the ‘Agile’ marks which are being opposed by Peek & Cloppenburg with its existing ‘Aygill's’ trademark, citing likelihood of confusion.
Marques
28 October: John Deere wins dispute over trademarked colour
John Deere today won a dispute in the Court of First Instance brought against it by Italian machinery manufacturer BCS, which was trying to invalidate John Deere’s trademark registration of its green and yellow colours.
Marques
26 October: Damiler fails to establish trademark ‘link’
A UK judge has ruled that Daimler’s distinctive and famous three-pointed star logo is not infringed by a similar logo used by Chinese manufacturer Sany. This is the first High Court ruling to apply the ECJ’s L’Oreal vs Bellure opinion.
Managing IP
25 October: Man sues AXE, as unable to get girls – fact of fiction?
Hindustan Unilever Limited (HUL) is being sued by a 26 year-old man, accusing the company of ‘cheating’ and causing him ‘mental suffering’ as a result of his failure to attract women, dispute using Unilever’s AXE deodorant products for the past 7 years.
ADIO Magazine
22 October: NIVEA wins Chinese trademark dispute
Chinese courts have awarded 120,000 yuan damages to NIVEA owner Beiersdorf in its victory against Chinese firm OUMEINA which has been using a term similar to NIVEA in Chinese.
IPR China
22 October: Nokia sues Apple over patents
Nokia has issued proceedings against Apple, alleging the iPhone infringes 10 of its patents.
Guardian
20 October: Battle over Budweiser trademark continues
The UK Court of Appeal today referred a series of question to the ECJ regarding the long-running trademark dispute between Anheuser-Busch (maker of US Budweiser beer) and its Czech Budweiser rival, Budejovicky Budvar.
Guardian
14 October: Sex Pistols threatens ice-cream brand
The Sex Pistols, are threatening legal action against a boutique ice-cream maker, Icecreamists, for using the advertising strapline "God Save the Cream" and images of a version of the band's famous single sleeve featuring the Queen on a union flag background.
Guardian
09 October: Olympic Committee goes IP mad
The Olympic Committee is clamping down on the use of what it considers to be its trademark and copyright rights, even to the extent of trying to prevent visitors photographing the stadiums.
The Moderate Voice
08 October: Start-up beats Apple to ‘Mighty Mouse’ trademark
Man & Machine, a small computer-peripheral company, has beaten Apple to registering the trademark ‘Mighty Mouse’ for its waterproof mouse. Apple also sells a mouse under the name Might Mouse, which it will now have to change.
Wired
07 October: Kraft in trademark dispute with Pizza Hut
Pizza Hut claims Kraft’s new name for its new Vegemite snack, Vegemite Cheesybite, is infringing its trademark, Pizza Hut Cheesy Bite.
Perth News
05 October: Woolworth’s sued by Apple over logo
Woolworth’s, Australia’s largest retailer, is being sued by Apple over the design of its new logo which Apple claims infringes its own iconic apple trademark.
Telegraph
04 October: Danone settles trademark dispute with Wahaha
French food and beverage group Danone has settled a long-running dispute over the ownership of the Wahaha Chinese food and drink trademark by selling its 51% stake in its joint venture with opponent Wahaha Group.
China Daily
01 October: IPO launches easier and cheaper trademark service
The Intellectual Property Office (IPO) has today launched its Right Start service, designed to make trademark registration easier, faster and 15% cheaper.
IPO
01 October: Diageo settles Pimm’s dispute with Sainsbury’s
Diageo has dropped its legal claim against Sainsbury’s for the retailer’s Pitcher’s brand which Diageo claimed infringed the trademark rights of its Pimm’s brand. Sainsbury’s will continue selling Pitcher’s but with changes to its label design. Click to view label.
Brand Republic
30 September: Exclamation marks are not trademarks!
The European Court of First Instance has ruled that an exclamation mark lacks distinctiveness so can not be registered as a trademark, scuppering Joop!'s application.
BBC
30 September: Winnie the Pooh copyright win for Disney
Disney has won an 18-year copyright dispute brought against it by the Slesinger family which was claiming £1.25bn in unpaid royalties for use of the Winnie the Pooh property.
The Guardian
28 September: SFR loses trademark 'texto'
French mobile company SFR has lost the rights to its trademark ‘texto’ as a judge ruled the word has now entered common parlance, becoming a generic.
Connexion France
22 September: Google wins latest round of Adwords dispute
An advisor to the European court has given his opinion, in advance of the official ruling, that Google is not infringing trademark rights of brand owner by allowing rival firms to bid on their brand names as key words.
The Times
21 September: Google reintroduces Gmail trademark
Google has today reintroduced its Gmail logo to its email service in the UK, following the trademark dispute with Independent International Investment, which resulted in Google paying the UK-based firm £226,324 for the intellectual property rights for Gmail, back in 2005.
Financial Times
21 September: Gun makers duel over Rigby trademark
John Rigby & Co. (Gunmakers) Inc. is suing London-based newcomer John Rigby & Co. (Gunmakers) Ltd., claiming the UK company is infringing its trademark rights to the Rigby brand name on high-end guns.
Business Times
19 September: Tesco accused of copying Next's clothes
Next, the UK fashion retailer has accused Tesco of copying the designs of up to five clothing lines. Tesco denies the claim and has issued a counterclaim.
Telegraph
16 September: Weight Watchers sues Nestle
Weight Watchers International is suing Nestle, claiming the Swiss food giant is using its logo on frozen food packaging without authorisation.
Reuters
16 September: Beyonce sued by Abercrombie & Fitch over fragrance trademark
Abercrombie & Fitch is suing Beyonce Knowles over the singer’s plans to launch a fragrance under her ‘Sasha Fierce’ label, accusing the singer of trademark infringement, unfair competition, and deceptive trade practices regarding its own ‘Fierce’ fragrance line.
AM Law
14 September: IPO issues 100th patent opinion
Dyson has become the 100th user of the Intellectual Property Office’s Opinion Service for resolving patent disputes without the need for lengthy litigation. Dyson is challenging Samsung over alleged infringement of cyclonic separating apparatus. The ruling is due on 1 October.
IPO
14 September: Love threatens to sue over Kurt Cobain image
Courtney Love, widow and rights owner of Kurt Cobain, has threatened to sue Activision, the make of Guitar Hero 5, which uses an image of Kurt Cobain which Love alleges it does not have her permission for.
Brand Freak
10 September: PWC’s reputation damaged by ex-employee email?
PWC employee Gareth Jenkins was fired and sent a good-bye email to colleagues, which has since been forwarded round the round. How much damage will this do to PWC’s reputation?
Telegraph
09 September: WIPO orders domain name transfer for poker player
WIPO has ordered that domain name gushansen.com should be transferred to poker player Gus Hansen, despite Hansen not have a trademark for his name. The judge ruled that the registration was made in bad faith. Click to view WIPO’s judgement.
Reuters
08 September: Disney’s Pixar sued over lamp logo
Disney is being sued by Norwegian lamp company, Luxo, for alleged trade mark infringement. Luxo claims Disney is copying its trademark on replica lamps. Click to view on Amazon.
Digital Spy
08 September: McCurry beats McDonald’s
Fast food chain McDonald’s has lost its appeal in Malaysia against the restaurant McCurry, after the judge found that its use would not cause consumer confusion and deception.
BBC
07 September: Paris Hilton sues Hallmark over trademark infringement
Paris Hilton has sued Hallmark over its use of her image and trademarked phrase ‘That’s hot’ on a greetings card, seeking an injunction and damages of $500,000.
Fox News
07 September: Annie Leibovitz sued for £183k over copyright infringement
Celebrated US photographer Annie Leibovitz is being sued by an Italian photographer, Paolo Pizzetti, who claims Leibovitz passed off his photos of the Trevi Fountain in Rome and Piazza San Marco in Venice as her own and without permission.
Guardian
04 September: Google patents its homepage
Copyright protection wasn’t enough for Google which has been awarded a patent for the design of its homepage, deterring others from copying its minimalist look
BNET UK
27 August: Bud Light's 'Fan Cans' fall flat
Anheuser-Busch InBev's latest campaign for Bud Light, producing 'fan cans' of Bud Light in US university colleges' football colours, has produced controversy. The universities claim it encourages underage drinking, promotes drinking as an integral part of college football and infringes trademark rights
Billings Gazette
25 August: Lego blocks Spinal Tap
Spinal Tap has sucummed to Lego's legal threat and removed Lego characters from its music video.
Guardian
24 August: Daily Mail displays copycat brands
The Daily Mail highlights a number of supermarket own label, copycat brands, following Diageo’s action against Sainsbury’s on Pimm’s.
Daily Mail
21 August: Twitter fails to trademark 'Tweet'
Twitter's application to trademark the term 'Tweet' has been provisionally denied by the US patent and trademark office, as other companies had already applied to register similar marks.
Guardian
20 August: Injunction to prevent STELLANUDE launch fails
Nude Brands Limited, owner of the 'NUDE' trademark for cosmetics and perfumery, has been refused an injunction preventing Stella McCartney Limited, YSL Beaute Limited and L'Oreal (UK) launching the STELLANUDE fragrance planned for Saturday 22 August.
Telegraph
20 August: Absolut Vodka sues Absolute Radio
Pernod Richard-owned Vin&Sprit, the owner of Absolut Vodka, is issuing legal proceedings against the owners of Absolute Radio, claiming there is a risk of confusion and trademark infringement.
Swedish Wire
19 August: Sheryl Crow sells music catalogue for $10m
Sheryl Crow has sold her copyright rights to her music back catalogue and the rights to songs from her next two albums, to the asset-management arm of Commonwealth Bank of Australia for $10m.
Wall Street Journal
16 August: Diageo sues Sainsbury's over Pimm's copyright
Drinks giant Diageo is suing Sainsbury's, accusing the retailer of infringing the copyright of its Pimm's brand with the retailer's own label product Pitchers.
Daily Mail
14 August: Bono's wife sues Stella McCartney over 'Nude'
Nude Brands Limited, of which Ali Hewson, Bono's wife, is involved, has issued proceedings against Stella McCartney Limited and YSL Beaute (part of L'Oréal) over the launch of the fragrance StellaNude which Nude Skincare claims infringes its trademark.
This is London
07 August: Tolkien’s heirs fight for film royalties
Christopher and Priscilla Tolkien, children of JRR Tolkien, author of the Lord of the Rings trilogy, are suing New Line Cinema, the producer of the films, for £133m claiming they have received no royalties from the £3bn grossing films. A trial date of 10 October has been set.
Daily Mail
06 August: Twitter sued for patent infringement
US company TechRadium is suing Twitter, alleging that the latest internet phenomenon infringes its patent for ‘mass-notification’ and is seeking damages for lost profits and exemplary damages.
The Register
05 August: Gucci relatives barred from using Gucci name
A US judge has ruled that Jennifer Gucci, ex-wife of a Gucci heir, and her daughter, Gemma Gucci, may not continue to use the Gucci name on coffee, cosmetics and other goods as they had “wilfully infringed and diluted the Gucci trademarks."
Reuters
05 August: JaneFonda.com designer ‘steals’ website
When Geoff Devereux, MD of digital agency Delete London, noticed the similarity between his website www.deletelondon.com and www.janefonda.com he called to complain, resulting in Jane Fonda's people removing some offending IP from her site.
Brand Republic
31 July: Procol Harum pays out 40% royalties
Matthew Fisher, the artist behind the distinctive organ part on Procol Harum’s ‘A Whiter Shade of Pale’, has won the rights to share 40% of the song’s future royalties in a ruling by the House of Lords.
The Times
27 July: Dispute over Olympic logo
Organisers of the London Olympics are threatening legal action against a Waltham Cross removal firm which uses the famous five-ring symbol as its logo, and has done for 22 years.
Hertfordshire Mercury
25 July: Whirlpool loses trademark appeal to Kenwood
The Appeal Court has dismissed Whirlpool’s allegation that Kenwood has drawn, or is likely to draw, any commercial advantage from the perceived similarity of their respective food mixer products.
Lawdit
21 July: Michael Jackson’s ‘dance’ patent
Not only was Michael Jackson the owner and creator of valuable copyright but he was also the little-known creator of a patent, protecting his gravity defying method of dancing to ‘Smooth Criminal’.
Google
18 July: National Portrait Gallery vs Wikipedia
A PhD student from Seattle is facing legal action from the National Portrait Gallery in London for downloading 3,000 high quality images of the gallery’s paintings onto Wikipedia, thereby denying the gallery royalty income from the images. Wikipedia is supporting the student, Derrick Coetzee.
Independent
17 July: Tiffany courts eBay
Oral arguments have been heard in the potential landmark case that could insist eBay does more to prevent the counterfeit trade of Tiffany and other branded goods.
Law.com
16 July: RIM settles BlackBerry dispute
Research in Motion, makers of the BlackBerry device, has agreed to pay Visto $267.5m to settle an ongoing patent dispute. In return, RIM will receive a royalty-free license of Visto’s disputed patents.
Reuters
09 July: DC Comics wins Superman case
A Los Angeles court has ruled that the estate of Superman creator, Jerome Spiegel, is not entitled to further remuneration generated by the most recent Superman film.
New York Times
08 July: Mars’ Bounty loses trademark battle
Mars has lost its bid to register the shape of its Bounty chocolate bar in Europe. The European Court of First Instance ruled that Bounty’s “rounded ends of the bar and the three arrows or chevrons on top of it, cannot be sufficiently distinguished from other shapes commonly used for chocolate bars.”
Telegraph
03 July: Chanel’s trademark use letter
Chanel, the fashion brand, has published an ad in Women's Wear Daily explaining exactly what Chanel is and how its trademark should and should not be referred to…
Gawker
03 July: Dutch brewer wins Bavaria trademark dispute
The ECJ has ruled that Dutch brewer Bavaria is entitled to continue using its ‘Bavaria’ trademark. This, despite the EU awarding PGI status in 2001 to ‘Bavaria’ or ‘Bavarian beer’, giving brewers in the southern German state exclusive rights to the term.
Financial Times
02 July: Twitter tries to trademark ‘Tweet’
Twitter is trying to trademark the term ‘Tweet’ to protect its brand. This will not effect Twitter applications such as TweetDeck, TweetMeme and Tweetie which would otherwise potentially infringe Twitters’ trademark.
PC Mag
01 July: The Birmingham Balti?
Birmingham City Council is considering applying for protected geographical (PGI) trademark status for the term Balti, claiming it is as unique to Birmingham as pork pies are to Melton Mowbray or Champagne is to the French region.
BBC
01 July: Bond rights owner loses Dr No trademark dispute
The owner of the James Bond intellectual property rights has failed to block the registration of the Community trademark ‘Dr. No’.
OHIM
26 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
30 May: Ozzy Osbourne sues Black Sabbath bandmate over royalties
Ozzy Osbourne is suing Black Sabbath guitarist Tony Iommi for unspecified damages, lost profits and a declaration he is a half-owner of the trademark. Osbourne is accusing Iommi of falsely claiming to have sole rights to the band’s name which has cost him royalties from merchandise sales.
BBC
29 May: Facebook settles trademark dispute
Facebook settles a trademark dispute with the founders’ old classmate, Aaron Greenspan. Greenspan’s company, Think Computer, agreed to abandon its April 2008 petition to the U.S. Patent & Trademark Office calling for the cancellation of the trademark “Facebook”.
Mercury News
21 May: Scottish pizzeria licks KFC
KFC has backed down from trying to prevent an Angus-based pizzeria, The Titanic Pizza Co, from using its trademark ‘Family Feast’ in its menu – following the pizzeria’s reply stating it had been using the term since 1992, before KFC had trademarked the term.
BBC
18 May: Woody Allen wins $5m settlement
American Apparel is paying Woody Allen $5m (£3.3m) in an out of-court settlement over its use of Woody Allen’s image in an advertising campaign.
BBC
14 May: eBay defeats L’Oreal
The Court of Justice in Paris has ruled that eBay is not liable for the sale of counterfeit L’Oreal products through its website but must continue to work with L’Oreal to deal with the sale of fakes.
BBC
13 May: Diane von Furstenberg pays for copycat jacket
Iconic fashion designer Diane von Furstenberg has paid a small Canadian design label, Mercy, an undisclosed sum having admitted to copying the design of one of its floral jacket.
The Star
12 May: iPod designer loses domain name fight
Jonathan Ive, designer of the iPod, iMac and iPhone, has lost his claim to domains bearing his name as his name is not used enough in commerce and is not a registered trademark. WIPO stated that jonathan-ive.com, jonathanive.com, jony-ive.com and jonyive.com can continue to be operated by Harry Jones.
The Register
11 May: There are one million trademarks in the world…
WIPO has recorded its one millionth international trademark registration. The first international trademark was registered in 1893 by Swiss Chocolate-maker Russ-Suchard & Company, the 500,000th 93 years later in 1986.
WIPO
10 May: Industry lobbies for tighter anti-copyright piracy controls
Six senior media executives from Universal Pictures, Channel 4, Sky, Virgin Media, Sony Pictures and the Premier League want Lord Carter to recommend the establishment of an industry-owned enforcement body to protect copyright online, when he presents his Digital Report in June.
Telegraph
08 May: Google extends trademark controversy
Google is allowing companies in a further 194 countries to use their competitors' trademarks as part of Google’s Adwords online advertising scheme.
The Times
07 May: Pirated ‘Wolverine’ copied 4m times
Twentieth Century Fox estimates that an unfinished copy of X-Men’s ‘Wolverine’, illegally posted to the internet, has been downloaded over 4 million times.
UPI
05 May: Businesses protect brands more in downturn
New research from law firm Marks & Clerk found that 86% of businesses are more inclined to defend existing products and services from competitive threats than prior to the recession. The research was conducted from 222 businesses.
Marks & Clerk
04 May: A cracking idea from Wallace and Gromit
Children aged 4-16 are being invited by the IPO (Intellectual Property Office) and Aardman Animation, creators of Wallace and Gromit, to come up with an idea the duo would be proud of and then think about how IP can help protect their creativity.
IPO
02 May: McDonald’s loses to McCurry
McDonald’s has lost its eight year battle to stop a small Malaysian restaurant trading as McCurry. Malaysia's Appeal Court ruled that the restaurant could be called McCurry, having previously been known as Restoran Penang Curry House (KL) Sdn Bhd.
Google
29 April: Community trade mark registration demand and cost falls
OHIM reveals that demand for Community trade marks in the UK fell by 22% in the first quarter 2009. From May 1, the cost of application is being slashed by 40% which OHIM hopes will stimulate demand.
SMEWeb
23 April: Dixons breaches transfer pricing rules
DSG International, the owner of Dixons, has been told by special commissioners to HM Revenue and Customs that it breached transfer pricing guidelines relating to the insurance of extended warranties. A settlement, expected to be hundreds of millions of pounds, has yet to be reached.
Accountancy Age
23 April: Music copyright to be extended to 70 years for performers
Members of the European Parliament voted in favour of extending the term of copyright protection from 50 years to ensure that performers continue to receive royalties for 70 years from the first publication or performance of their song.
European Parliament
23 April: £30k Rolls-Royce copycat
Chinese car manufacturer Geely has launched its Geely GE at the Shangai Motor show this week, priced at just £30k. Closely resembling the Rolls-Royce Phantom with similar winged mascot, radiator grill and down-sloping rear deck, Rolls-Royce is considering legal action.
Daily Mail
20 April: Recipe dispute halts Red Leicester ‘appellation’ application
Differences of opinion between cheese makers over ingredients of Leicestershire cheese, halts its application to the European Commission to be awarded special protected status.
The Times
17 April: Pirate Bay founders jailed
The four founders of music file-sharing website Pirate Bay have been sentenced to jail for one year and ordered to pay fines of £3m by the Swedish court, having been found guilty of copyright infringement.
CNN
16 April: Woody Allen sues for reputation damage
Woody Allen is suing US clothing manufacturer American Apparel for $10m over its unauthorised use of his image in an advertising campaign, claiming it damaged his reputation. American Apparel claims Allen ruined his own reputation through various sex scandals.
Guardian
16 April: Schneider settles Chinese patent dispute
France's Schneider Electric has paid $23m to settle its three-year patent dispute brought against it by its rival, Chint Group, China's biggest maker of low-voltage electrical products.
Reuters
16 April: UK copyright laws rated “the worst, by far”
The UK’s copyright laws have been rated the worst from 16 countries surveyed, in a report from consumer group Consumer International. The survey looked at how well each country’s copyright law balances the interests of rights holders with those of consumers.
Consumer Focus
09 April: Jennifer Lopez wins cybersquatting suit
An independent arbitrator in the US has ordered a cybersquatter to transfer the domain names jenniferlopez.net and jenniferlopez.org to actress and singer Jennifer Lopez.
Reuters
02 April: Ebay counterfeit trader caught in sting
North London based eBay trader Bhavin Shah, aged 28, has been caught selling £26,000 worth of counterfeit designer clothes, razor blades, cosmetics and computer games. The judge at Harrow Magistrates’ Court sentenced him to 270 hours of community service.
Yahoo!
01 April: Gul, the surfwear brand, enters logo dispute with Abercrombie & Fitch
UK surfwear brand Gul, established in 1967, is in dispute with Abercrombie & Fitch over the use of a flying seagull devise used by its youth brand, Hollister. Gul has registered its logo as a trademark but Hollister has apparently not.
Brand Republic
30 March: Microsoft and TomTom Settle Patent Infringement Cases
Microsoft Corp. and TomTom N.V. today announced that they have settled car navigation patent infringement cases.
Microsoft
25 March: Budweiser loses community trademark fight with Budvar
Anheuser-Busch InBev owned brand Budweiser has lost an appeal fight against BudÄ›jovický Budvar for the right to register its name as a Community trademark throughout the EU. (click here to view the judgment, T-191/07)
BBC
18 March: £7m Ferrari, faked
It appears no category is now immune from counterfeit activity. This car, based on the 1960s Ferrari Le Mans P4 racer – worth £7m if genuine – was made in Thailand with counterfeit parts and is the star of the counterfeit show in Brussels.
The Sun
18 March: Lindt vs Hauswirth; the case of the gold chocolate bunnies
Following the dispute between Lindt and Hauswirth over Lindt’s trade mark registration of its gold bunny shape, for the first time, ECJ Advocate General has given her opinion on the concept of bad faith within the meaning of the Community trade mark legislation.
Out Law
13 March: Gucci has no trademark protection in Sweden
Gucci’s application to register its trademark in Sweden has been rejected, as its ‘two Gs face to face’ mark is already registered to a Swedish firm.
The Local
10 March: Dragon Den’s ‘Rapstrap’ patent infringes earlier patent
The ‘Rapstrap’ cable-tie invented by Andrew Harsley, which secured a £150k investment on the BBC’s Dragon’s Den, infringes another patent, previously registered by Harsley while working for another company, Millipede, back in 1999, according to opinion from the UK Intellectual Property Office.
Fresh Business Thinking
09 March: Google settles patent claim
Google has settled a patent claim over visual voicemail from inventor Judah Klausner, who has agreed to enable Google to continue using his patent under license.
Reuters
09 March: EU and UK trademark fees cut
UK’s Intellectual Property Office proposes cuts to trademark fees in response to European trademark office cutting its fees by 40%.
Financial Times
08 March: Alan Ayckbourne accused of plagiarism
Playwright Sir Alan Ayckbourne has been accused of copying the theme of his play "If I Were You" from "Phil and Jill and Jill and Phil", a play written by young author Alex Jones.
Independent
05 March: Neoplan wins landmark Chinese design case
German bus maker Neoplan wins damages of $3m against Chinese rivals which copied its Starliner bus design.
China Daily
04 March: Adam Sandler accused of copying comic
Adam Sandler, the actor, has been accused of stealing the idea for his film ‘You Don't Mess with the Zohan’ from a comic book ‘Hair-Raising Adventures of Jayms Blonde’ written by Robert Cabell.
Entertainment and Showbiz!
03 March: Pirate Bay copyright trial awaits judgement
The closing arguments have now been heard in the trial in Sweden of the founders of file-sharing site, Pirate Bay, accused of promoting copyright infringement. The judgement is expected in April and prosecutors have asked for a prison sentence.
BBC
03 March: Callaway and Acushnet tee up for golf-ball design patent infringement
The Callaway Golf company has filed a new patent infringement lawsuit against The Acushnet Company, the golf business of Fortune Brands, Inc. The lawsuit alleges that the new Titleist Pro V1 and Pro V1x golf balls, available to the public in spring 2009, infringe golf ball patents owned by Callaway Golf.
Chicago Tribune
25 February: Annie Leibovitz raises £11m by securitising her copyright
Photographer to the stars Annie Leibovitz raised £10.8m from Art Capital Group by securing some property and all rights to copyright, negatives and contract rights to every photograph she has ever taken or will take in future.
The Telegraph
20 February: Dell calls to revoke Psion’s Netbook trademark registration
Claiming ‘netbook’ is now a generic name and Psion hasn’t used the term it trademarked in the 1990s since 2003, Dell is asking the US Patent and Trademark Office to cancel Psion's trademark.
The Inquirer
17 February: Apple sued over iPhone ‘zooming’ and ‘panning’ patent
Picsel Technologies is suing Apple over claims Apple infringed its registered patent for zooming and panning through onscreen displays (including for iPhone) and is claiming damages. The complaint. Patent registration.
BBC
13 February: Damien Hirst’s copyright threats to 16 year old fuel copycat collective
When a 16 year old boy sold a collage inspired by Damien Hirst’s diamond-encrusted skull, For the Love of God, on eBay for £200, Hirst threatened to sue. A group of musicians and artists have now formed a new site, deliberately provoking Damien Hirst about this; www.redragtoabull.com
Independent
12 February: Music copyright to be extended to 95 years
The European Parliament gave the go-ahead for music copyright to be extended from 50 years to 95 years.
European Parliament
12 February: Advocate General Mengozzi’s opinion on L’Oréal v Bellure causes confusion
We’ve found many different interpretations of the recent Advocate General’s opinion regarding issues in L’Oréal v Bellure. Let’s hope the ECJ’s ruling provides much needed clarity.
(Number C-487/07)
12 February: Facebook settles lawsuit with Facebook’s ex-classmates for $65m
Facebook’s founder, Mark Zuckerberg, was being sued for stealing the idea by former classmates. Having agreed to keep settlement terms secret, one of the law firms disclosed the amount in its January newsletter, click to view.
The Guardian
05 February: Obama poster incites copyright dispute
The Associated Press is bringing a copyright infringement claim for the iconic "hope" poster for Barack Obama's election campaign, which artist Shepherd Fairey based on an Associated Press image.
Brand Republic
22 January: Virgin Atlantic loses patent dispute
Mr Justice Lewison has ruled that Virgin Atlantic may not prevent design firm Contour from selling similarly designed in-flight seating to rival firms.
Mad
21 January: France targets Coke in ‘cheese wars’
France is being urged to increase import tax on Coca-Cola in response to increased American tax on imported Roquefort cheese.
Telegraph
15 January: Warner Bros and 20th Century Fox settle Watchmen dispute
Warner Bros and 20th Century Fox have settled their ongoing dispute over the rights to Watchmen, opening the way to the release of the upcoming film.
Wired
14 January: Ronaldo registers CR9 trademark
Manchester United striker Cristiano Ronaldo has registered the trademark CR9, prompting rumours the footballer is considering a move to Real Madrid.
Daily Mail
08 January: US prisoner loses copyright battle
An inmate in a US prison has lost his appeal to benefit from $500,000 from a calendar he copyrighted, having produced it while serving his 17-year sentence for robbery.
Wired
08 January: Spielberg lambasts Lampeter over copyright
Welsh university Lampeter has been instructed by lawyers representing Steven Spielberg to remove his image from its scriptwriting brochure which featured the director’s image without his permission.
Guardian
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