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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. For more information on Intangible Business' expert witness, IP and business valuation services, contact us.

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Publication: World Intellectual Property Review

US President Donald Trump has a lost a trademark tussle against the maker of an app designed to teach people how to play the trumpet.

Publication: Telegraph

Nintendo is being sued for copying elements of its Nintendo Switch console, allegedly infringing patents held by Gamevice.
 

Publication: World Intellectual Property Review

The US Court of Appeals for the Federal Circuit has rejected the registration of the trademark ‘First Tuesday’, applied for by North Carolina Lottery.

Publication: Finance Feeds

Trading Technologies International, Inc, a developer of trading platforms for derivatives professionals in the electronic trading industry, has filed a trademark infringement case against Vela Trading Technologies LLC at the Illinois Northern District Court.

Publication: BBC Scotland

The National Trust for Scotland has been accused of bullying a small Aberdeenshire clothing business in a trademark dispute.

Publication: Financial Times

At the heart of making the internet of things a reality for millions of consumers worldwide, including across Europe, is the question of just how companies — both large and small — have access to standard essential patents (SEPs) on fair, reasonable and non-discriminatory terms.

Publication: Triangle Business Journal

Durham LED maker Cree has reached a settlement in a patent infringement lawsuit it filed in November against a flashlight company.

Publication: Law Newz

Model and reality star Kim Kardashian is being sued for copyright infringement over a logo she is using for her new cosmetics line, KKW Beauty.

Publication: Musically

Facebook is stepping up its efforts to tackle the issue of copyrighted videos being uploaded to the social network without permission from their rights-holders.

Publication: Digital Trends

Spotify faces another couple lawsuits. Back in May, the wildly popular music platform settled a $200 million class-action lawsuit from songwriters for $43 million, but the company is far from out of the woods. Two new lawsuits were launched earlier this week in Nashville, Tennessee, and they could certainly put a wrinkle in Spotify’s plans to IPO this year.

Publication: The Register

The freeze on long-held plans to approve a single patent court for Europe is a result of the actions of the president of the European Patent Office. The Unitary Patent Court (UPC) has been in progress since 2012, but last month Germany's constitutional court unexpectedly ordered a halt to legislation ratifying it. The German government's approval is essential for the court to move forward.

Publication: World Intellectual Property Review

Chewing gum company Wrigley has filed a trademark and trade dress complaint against a company that sells liquid for e-cigarettes.

Publication: The Register

Nokia may be a spent force in smartphones since selling its devices business to Microsoft, but it still aims to be the power behind the throne of other vendors via its technology licensing programme.

Publication: World Intellectual Property Review

Philip Morris has been ordered to pay the Australian government after losing a lawsuit against it. The order, handed down by the Permanent Court of Arbitration, an intergovernmental organisation, redacted the sum from its decision.

Publication: Bloomberg

When the iPhone supplier Imagination Technologies Group Plc announced in April that Apple Inc. would no longer be using its graphics technology, investors in the small U.K. company were shocked. The graphics provider’s stock collapsed more than 60 percent.

Publication: Bloomberg

There are lots of patents floating around that don’t represent bona fide inventions. The office that evaluates patent applications is overwhelmed, and doesn’t really have a mechanism to conclusively reject low-quality applications. As a result, clever and persistent lawyers can wrangle patents for long-established technologies like GPS tracking and scanning and emailing documents, without adding innovative ideas.

Publication: Reuters

Telecoms network equipment maker Nokia and Chinese smartphone maker Xiaomi Technology have signed a patent licensing agreement. The companies did not provide financial details of the agreement, saying it includes a cross license to each company's cellular standard patents.

Publication: The Industry Observer

As legislators mull over updates to the EU Copyright Directive, UK Music Chairman Andy Heath warned Europeans could be in for an era of “cultural barbarism,” surely a buzzphrase which begs to bounce around the industry for the foreseeable future.

Publication: Forbes

Amazon has been ramping up its use of latest technology, with a service that tells you what to wear and a product that could let you do a virtual drop-in on your friends unannounced. The patent could, of course, never result in any implemented tech, but appears to allow Amazon to monitor its stores' visitors' smartphone usage via WiFi.

Publication: The Guardian

The company has filed for a patent for “multi-level fulfillment centers” that would accommodate the landing and takeoff of drones in dense urban settings, the latest example of Amazon’s futuristic vision of reshaping the way people receive packages.

Publication: Business Insider

Amazon has applied to patent a multi-level beehive-like tower that would deploy and receive delivery drones.

Publication: World Intellectual Property Review

The American Chemical Society’s (ACS) exam board has sued an online study help site for copyright violations, alleging “widescale and systemic infringement”.

Publication: World Intellectual Property Review

The US Court of Appeals for the Federal Circuit has affirmed the USPTO’s Patent Trial and Appeal Board’s (PTAB) decision in a dispute over a method of waterproofing leather.

Publication: BBC News

The Pirate Bay can be held liable for copyright infringement, which could signal "the end" of the platform, according to a European Court of Justice ruling.

Publication: Independant

President Donald Trump is on the brink of adding six new trademarks to his growing Chinese portfolio. The new trademarks will be in sectors as diverse as veterinary services and construction, the New York Times reported, potentially sparking fresh concerns about possible conflicts of interest.

Publication: Reuters

The U.S. Supreme Court agreed on 12,06,2017 to decide whether a federal administrative process frequently used by technology companies to ward off patent infringement lawsuits violates the constitutional rights of patent owners.

Publication: World Intellectual Property Review

The US Court of Appeals for the Federal Circuit has affirmed the invalidation of a patent for delivering audio and visual files to a wireless device, handing a win to Playboy Enterprises and IT company MindGeek. 

Publication: The Drum

The fictional drama within the comedy is not unlike many tech industry lawsuits in real life, including a 2014 case from the SEO industry that dragged on for more than three years and is still in limbo.

Publication: PYMNTS

Expensify has filed a lawsuit against its T&E competitor Abacus Labs alleging patent infringement.

Publication: Forbes

Spotify pulled out of a legal battle, settling a class action copyright lawsuit that has been hounding the streaming service since December 2015. The $43.4 million settlement comes after a year-and-a-half-long legal battle, which began when musician David Lowery filed a $200 ml class action accusing Spotify of knowingly distributing copyrighted songs without paying for mechanical licenses.

Publication: Market Watch

Shares of TiVo Corp. TIVO, +8.54% were up more than 10% early on Tuesday after winning a patent case against Comcast Corp. 

Publication: Camera Jabber

The US International Trade Commission has begun a patent infringement investigation into Nikon digital cameras, software & components. The investigation stems from a countersuit filed by Carl Zeiss and ASML, which the pair filed earlier this year in response to a lawsuit filed against them by Nikon.

Publication: The Street

The U.S. International Trade Commission will launch an investigation into Fujifilm magnetic tape cartridge and component imports following a patent infringement complaint by Sony. Sony alleges the magnetic tap cartridge uses technology lifted from Sony products without a license.

Publication: The Register

Apple is trying to kill off an attempt by Smartflash to reverse a patents panel's ruling and thereby force Cupertino to hand it $533m in a Federal Circuit dispute.

Publication: Business Insider

Wikipedia is taking on the Australian government in a campaign calling for copyright law reform. The site argues that, under current laws, most Australians "break the law every day".

Publication: Ars Technica

Google doesn’t lose trademark even if it is a generic term for searching the Web. Google defeated a "genericide" lawsuit Tuesday that claimed Google should no longer be trademarked because the word "google" is synonymous to the public with the term "search the Internet."

Publication: Business Weekly

Cambridge biotherapeutics business Avacta Group has won a key patent approval in China to further strengthen its position in Asia. It is a giant stride towards addressing the potentially large Chinese diagnostics and therapeutics markets.

Publication: The Inquirer

Imagination Technologies has kicked off a "dispute resolution procedure" with the world's biggest tech company Apple, after the two sides were unable to come to an agreement over licensing. 

Publication: World Intellectual Property Review

Luxury jewellery business Cartier International has pre-empted legal action over its Drive de Cartier brand by filing a trademark complaint for declaratory judgment.

Publication: Rolling Stone

The Eagles are suing a hotel in Todos Santos, Mexico that bills itself as the Hotel California for trademark infringement and trying to capitalize off of the band's famous 1976 album and song. The band argues that the hotel has falsely led consumers to believe that it is associated with the Eagles and inspired

Publication: Nasdaq

Veldhoven today announced that it is filing initial legal claims against Nikon for infringement of more than 10 patents, related to a broad range of products in the fields of semiconductor manufacturing equipment, flat panel display manufacturing equipment and digital cameras.

Publication: techdirt

As the number of craft breweries in the United States has skyrocketed 5,234, a 16.2 percent increase from the year before, there has been a rise in trademark disputes. Beermakers are increasingly suing in federal courts to protect their brand names and logos.                                                                     

Publication: Financial Post

Dow Chemical Co. is in line to collect the largest patent infringement damage award in Canadian history following a courtroom victory against Nova Chemicals Corp.                                                     

Publication: UPI

A lawsuit accuses U.S. headphone maker Bose of gathering data about listening habits without permission for the company to sell to other firms that then target users with advertisements.             

Publication: Technode

China’s UCAR INC, has initiated legal action in California against former Baidu SVP Wang Jin and his startup, requesting that they cease of employment with its four former core employees at the company’s American subsidiary.                                                                                                      

Publication: Arstechnica

Apple went all-out in its patent assault on Samsung beginning in 2012, when Steve Jobs' promised "thermonuclear war" against Android became a reality. The patents used by the Cupertino device maker weren't just challenged in court, though. Various parties have challenged Apple's most important patents at the US Patent and Trademark Office.                                                              

Publication: Slator

SDL is suing Silicon Valley startup Lilt, alleging patent infringement. SDL said Lilt had violated three of its patents and “continues to interfere” with the marketing and sales of SDL products, threatening SDL’s relationships with its customers.                                                                                                

Publication: Music Business Worldwide

Three of the world’s most established collection societies – ASCAP (US); SACEM (FR) and PRS For Music (UK) – are working together to improve the future of music copyright management.             

Publication: Cosmopolitan

According to Refinery29, the duo of makeup mavens are being sued for copyright and trademark infringement after allegedly ripping off the packaging and logo of Black Moon Cosmetics for their new collection.                                                                                                                                          

Publication: Financial Times

The three year-long battle between Huawei, the Chinese phone and telecoms equipment maker, and Unwired Planet, the owner of thousands of former Ericsson patents, has taken another twist in the UK High Court.                                                                                                                                           

Publication: City A.M

Owned by private equity giant Cinven, Jersey-based CPA Global is expected to fetch bids from sovereign wealth funds and Chinese giants.                                                                                           

Publication: Metro

The Big Bang Theory has won a major copyright lawsuit that had accused the show of stealing lyrics from Sheldon Cooper’s favourite song 'Soft Kitty'.                                                                                      

Publication: Reuters

The U.S. Supreme Court refused to hear a bid by major record labels to revive copyright infringement claims against video-sharing website Vimeo LLC for hosting content that included songs by famed bands such as the Beatles, the Jackson 5 and the Beach Boys without permission.                   

Publication: Metro

Asda has become the first supermarket to use the official Vegan Society trademark on its food, including bottles of vodka. The trademark is designed to give customers extra authenticity and assurance when buying vegan products.                                                                                                        

Publication: The Fashion Law

A trademark proceeding filed by the British luxury automaker (“Bentley Motors”) in 2015 against Manchester-based ‘Bentley clothing’. According to Bentley Motors trademark opposition, which was filed in September 2015, the goods asserted within Bentley Clothing’s trademark application were “confusingly similar” to an array of goods in which it maintained trademark rights at the time.            

Publication: Patently Apple

The US Patent & Trademark Office published a series of three patent applications all titled "Earbuds with Biometric Sensing." In Apple's patent filing they note that at least one of the biometric sensors within the earbud is configured to be pressed up against a portion of the ear known as the tragus that will allow the collection of biometric measurements.                                                                                  

Publication: Business Wire

Invensas Corporation announced they prevailed in two German patent infringement actions against Broadcom Ltd.                                                                                                                                                           

Publication: Legal Week

Dentons is set to launch a UK patent prosecution and opposition practice with the hire of a team leaving Olswang ahead of its merger with CMS and Nabarro.                                                                         

Publication: Cnet

The lawsuit began in 2014 when Sonos accused Denon of "merely copying its system" citing similarities including the lineup and naming system. A US court ruled against D&M Holdings, which had tried to get a number of patents in the case removed, and set a court date for October 2017.                                                                                                                                                       
 

Publication: TCT Magazine

Advanced materials science specialist, Oxford Performance Materials (OPM) has announced it has been granted a patent from the European Patent Office (EPO) for its invention on a 'Customised Implant for Bone Replacement'.                                                                                                                      

Publication: Routenote

America’s Copyright Royalty Board are currently setting the standard streaming royalty rates for the next 5 years with songwriters and labels fighting services for an increase.                                          

Publication: BBC News

China has given US President Donald Trump the chance to expand his brand, after approving dozens of applications to register the Trump trademark.                                                                                                   

Publication: World Intellectual Property Review

Fashion retailer Forever 21 has sued a US-based nail spa for trademark infringement.                                

Publication: Forbes

The Big Ten Conference has filed a lawsuit against the company behind B10xB and its principal shareholder Cesar L. Rodriguez. It claims that the B10xB trademark, used as a domain name and in connection with merchandise, is infringing on The Big Ten Conference's trademarks and diluting The Big Ten Conference's brand.                                                                                                            

Publication: Appleinsider

A series of graphics generated by link text data analytics firm Periscopic, commissioned by Co.Design, has charted the last decade of patent filings by the pair of companies. Every patent filer has a single dot, which grows in correspondence with how many filings they have. A line links co-inventors of any given patent.                                                                                                                

Publication: World Intellectual Property Review

Walt Disney Parks and Resorts Worldwide and Disney Online have been sued by three US-based brothers over wristbands. The suit concerns US patent number 6,490,443, called “Communication and proximity authorisation systems”, which Disney is alleged to have infringed through the MagicBand.                                                                                                                                       

Publication: The Inquirer

A real life Mario Kart-themed attraction is facing legal action from Japanese video-game company Nintendo for alleged copyright obstructions. Tokyo-based company MariCar, as per the Japanese Times, has been accused of blatantly ripping ideas from one of Nintendo’s blockbuster game titles, “Mario Kart.”                                                                                                                                              

Publication: Wired

Alphabet's autonomous vehicle company, Waymo - formerly Google's self-driving car division - is suing Uber and its subsidiary Otto, for allegedly stealing trade secrets and infringing patents.              

Publication: World Intellectual Property Review

US-based distillery Sazerac Brands has filed a trademark infringement and trade dress lawsuit against an alcohol manufacturer. The alcohol business said trade dress and trademarks for its Fireball brand of whisky had been infringed and diluted by Caribbean Distillers.

Publication: A Journal Of Musical Things

Cox Communications, a cable and internet company in Virginia, has been ordered to pay $8.4 million in legal fees to BMG Rights Management for copyright infringement. The record company sued Cox for copyright infringement because the ISP’s customers were sharing pirated content.                                                                                                                                                     

Publication: Engadget

Sony is experimenting with its own Vive-style VR tracking device, according to a patent filing from June. The document hints at a tracker working similarly to HTC's current virtual reality tech. functioning as an external projector, the device would use lights and mirrors to map the player's real world movements straight into PSVR.                                                                                                                          

Publication: The Fashion Law

Adidas has initiated a trademark opposition with automaker Tesla. The German sportswear giant initiated an opposition proceeding with the U.S. Trademark Trial and Appeals Board to block the automaker from federally registering the logo for its Model 3 sedan. 

Publication: The Telegraph

It’s a legal battle that has been intense since April 2014, when Kylie Jenner applied to trademark the single name “Kylie”.                                                                                                                                    

Publication: World Intellectual Property Review

US-based energy drink manufacturer Monster Energy has filed a trademark infringement lawsuit against two businesses based in the country.                                                                                    

Publication: World Intellectual Property Review

Antivirus software pioneer John McAfee saw his plea for an injunction against Intel fail when a US federal judge rejected the request. McAfee requested the injunction in December last year during an ongoing trademark battle between him and the technology company.                                             

Publication: The Fashion Law

Forever 21 has filed suit, accusing multiple other retailers of copying its designs. The design at argument is a pair of ‘Ikat’ printed harem, which were ‘designed by Forever 21 in-house’ and the pattern for which has been protected by a federal copyright registration since 2013.                                                                 

Publication: Financial Times

Tesco is facing new legal action over historical accounting irregularities. The British supermarket prepares to defend a separate lawsuit filed by investors who say they lost £100m in the scandal.                                                                                                                                           

Publication: ABC News

Former Beatle Paul McCartney has litigated Sony's music publishing arm to regain ownership of many of the songs he wrote with fellow Beatle John Lennon including ‘Love Me Do’ and ‘I Want to Hold Your Hand’.                                                                                                                                         

Publication: World Intellectual Property Review

Texas-based company Guyzar has sued Heineken for patent infringement centring on the brewing company’s website.                                                                                                                          

Publication: IPWatchdog

On November 9, 2016, Estate of Marilyn Monroe filed a lawsuit against defendant Fashion Central in the Southern District Court of New York for trademark infringement. The Estate of Marilyn Monroe is a brand development and licensing company that owns various trademark rights relating to the deceased, iconic celebrity, Marilyn Monroe.                                                                                                                                                     

Publication: Financial Times

One of Australia’s oldest wine brands, Treasury Wine Estates, has won a victory against ‘Trademark Squatters’ in China after a court revoked a mark registered using the Chinese name of its premium Penfoldsbrand.                                                                                                                                          

Publication: Artnet News

A group of artists and designers have brought a copyright infringement suit against Francesca's, a retailer of women’s clothing and accessories. Eleven artists have joined the suit, in which copyright infringement penalties and damages could total as much as $4 million.

Publication: World Intellectual Property Review

Footwear designer Deckers Outdoor Corporation has taken on retailer H&M in a patent and trade dress infringement claim centring on UGG boots.                                                                             

Publication: Reuters

A federal judge has dismissed a $10 million lawsuit accusing Justin Bieber and Usher of illegally copying parts of their song "Somebody to Love" from an identically titled song by two Virginia songwriters.                                                                                                                                  

Publication: Business Insider

Uber has patented a light to go on top of cars that can signal to customers when their ride is arriving. It labels a light bar that sits on top of Uber cars, with a colour-changing section that can be controlled by the passenger's app.