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 Archive29 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
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