World of IP Round Up
Nestlé’s Kit Kat Shape Mark Registration Breaks Under the Pressure of CJEU Review
There are few trade marks more infamous than the Kit Kat shape mark. This month, after court battles over the past 11 years – the CJEU confirmed it’s earlier opinion that the shape of KitKat had not been proven to have acquired enough distinctiveness across the entirety of the EU to garner an EUTM. (Though it was granted that there was not a requirement to submit evidence for each and every EU member state).
This result has a range of significant implications for non-conventional trade marks which will be explored further in a forthcoming piece from Lakmal Walawage.
Interestingly, enough Mondelez’s assertion that Kit Kat as a shape had not acquired distinctive character in any state of the EU was not proven. Instead it was that a lack of sufficient evidence provided for the entirety of the geographic scope that would be covered by an EUTM, that led to judgment.
This suggests that Nestlé may return in the future with a further consolidated attempt to register the mark.
Coca-Cola win Energy Drink Colour Mark Case in Australia after Frucor Beverages Registration Mistake
In a decision this month in Australia, Coca-Cola successfully opposed Fucor Beverages’ green colour mark – on the basis that 6 years prior when it was registered, Frucor had attached the incorrect colour swatch.
In addition to this, the Australian court found that the product itself being green, that the colour mark harboured descriptive qualities and as such could not act as a distinctive sign.
Ex-Apple Employee Intercepted at Airport and Accused of Stealing Autonomous Vehicle IP
In the latest piece of trade secret litigation coming out of the US, an ex-Apple employee was charged by federal prosecutors for leaving the company with 40GB of IP that was transferred to his wife’s laptop.
This case comes at a time when US and Chinese relations over intellectual property have reached a flash-point.
Nike Lose legal battle of “LDNR” campaign
Nike have lost a legal battle against premium active-wear label LNDR who successfully opposed NIKE’s “Nothing beats a Londoner” campaign.
The vibrant campaign, including such luminaries as Harry Kane and Skepta, was pulled upon the receipt of LNDR’s complaint.
Changes to UK Trade Mark Registration on the Cards
Whilst Brexit is set to split the judiciary of the UK from the EU in due course – in other quarters, such as IP, further harmonisation has been confirmed.
One area in particular where this has been noted this month are UK The Trade Marks Regulations 2018 which implement the EU’s Trade Mark Directive of 2015 – which will come into force in January 2019.
This will extend the prior limits of what can be registered as trade marks – to those that cannot be represented graphically – amongst a host of other changes.
World of IP Round Up: The Best of the Rest
Scammers abuse net domain languages https://buff.ly/2yMr800
Your domain name registrar may have made it impossible for people to contact you https://buff.ly/2yRXlTJ
Samsung “Anti SDE” Trademark Suggests New VR Display Tech Coming to Market https://buff.ly/2N2VLR0
“Jolly.com” UDRP: “Is someone trying to steal it from me?” – Domain Name Wire https://buff.ly/2LfeYi7
OnePlus to trademark “Warp Charge” as possible rebrand of “Dash Charge” | https://buff.ly/2zNF76o
Samsung wants to trademark a magnetic beetle dial and what the heck is it? https://buff.ly/2A5v6lc
Intellectual property in an AI world | https://buff.ly/2OhxB6U
Koei Tecmo’s Patent Lawsuit Against Capcom Dismissed – https://buff.ly/2mOtymc
Trademark protection helps innovation and growth new study says https://buff.ly/2KOt9dG
How Aviva’s ‘Digital Garage’ is helping the insurance brand disrupt itself https://buff.ly/2lROoR5
Imitation: the sincerest form of flattery, or just plain trade mark infringement? https://buff.ly/2N9ztNU
Whisky brand Penderyn set to open site in North Wales https://buff.ly/2mbgIOw
Small pharma defeats big pharma in trademark dispute https://buff.ly/2KNGQ0s
How Exhibitors Can Protect Their Intellectual Property at Trade Shows | https://buff.ly/2L4Zb9q
Attack of the clones: how Aldi gets away with mimicking big brands | https://buff.ly/2LezHXe
How the “step-by-step” test led to different outcomes for Apple’s “Beats” trademark in Singapore and Australia – https://buff.ly/2LBPf6R
72% of CEOs admit they’ve taken intellectual property from a former employer – Help Net Security https://buff.ly/2LwHyyX
Comic-Con IP tussle rumbles on – https://buff.ly/2mSh8K9
Start-up Olaplex triumphs over L’Oréal in court case https://buff.ly/2LEaViH
Mast-Jägermeister takes stake in German gin brand https://buff.ly/2KUi5zf
European Parliament Rejects Starting Negotiations On Copyright Reform Proposal – Intellectual Property Watch https://buff.ly/2KPNZJF
(US) Federal Circuit Finds TTAB Erred In Determining Genericness of Coca-Cola’s “ZERO” Trademarks – https://buff.ly/2NArtWU
India sees huge surge in Intellectual Property rights applications https://buff.ly/2N0BD2g
Singapore parliament: More powers for customs officers to seize goods that infringe intellectual property rights https://buff.ly/2N0cqEW
Global Innovation Index 2018: China Breaks Into Top 20, US Drops Out Of Top 5 – Intellectual Property Watch https://buff.ly/2zucYRI
(US) Understanding trademark “fame” https://buff.ly/2LeYIOf
Yema Auto wins trademark case over Ford “Mustang” Chinese name translation | https://buff.ly/2LpiXZF
[US] Red Hen Confusion Is a Trademark Lesson for All | https://buff.ly/2L25UAY
Europe plans “leading role” in 3D printing, intellectual property is a challenge | https://buff.ly/2L5hmMe
Golden Knights and U.S. Army settle trademark dispute | https://buff.ly/2uARU7j
[US] Texas A&M Wins Trademark Suit Against Soap Company In Washington State By Playing Six Degrees Of Trademark Licensing https://buff.ly/2JMd0nM
Saint Lucia hosts World Intellectual Property Organisation Meeting | https://buff.ly/2Lzu5Xb
The AG Opinion in Levola Hengelo: more questions than answers? | https://buff.ly/2A7CWuo
US intelligence says China’s intellectual theft continues albeit at “lower volumes” – https://buff.ly/2OfciD7
[US] Cannabis Industry Seeks Clarity in Intellectual Property Haze https://buff.ly/2AoW47u
Piracy level downs among younger consumers, reckons IPO stats pack | Complete Music Update https://buff.ly/2MTC4va
Brexit: trade marks and designs – 10 things to know https://buff.ly/2Nczm4a
Trump trademark win after latest attack of Britain’s corporate clones https://buff.ly/2Nb59SR
Intellectual Property Office to become member to UK Anti Illicit Trade group | https://buff.ly/2L2Bv5I
Government gives further reassurance of EU trade marks in the UK | https://buff.ly/2JQ1Yhd
How Lululemon and Under Armour are saving the fashion industry | LinkedIn https://buff.ly/2Kr9UdY
A history of the bikini, a beloved innovation in fashion design https://buff.ly/2MKmt0Y
Gordon Brothers Acquires Bench Brand and Related Intellectual Property https://buff.ly/2KwCScx
Air Jordan sneaker doc is a brand story that’s not branded content https://buff.ly/2IW9NBR
America’s 15 most valuable fashion brands are worth nearly $70 billion combined — but one company dominates https://buff.ly/2zwnS9J
Amazon and its private labels: the once and future “frenemy” of brands? https://buff.ly/2KIDCLF
These are the most counterfeited trainers in the world. Here’s why https://buff.ly/2N248MR
Kroger Is Launching Its Own Fashion Brand https://buff.ly/2NDPlJt
How Two Young Ukrainian Revolutionaries Launched A Successful Fashion Brand https://buff.ly/2KMEbUJ
Fashion Lawyer Julie Zerbo Explains the Laws Behind Bootlegs https://buff.ly/2LGQuyN
First Images Of ‘Game Of Thrones’ x adidas’ Rumored Collaboration Have Surfaced – https://buff.ly/2KCkAXr
After Recent Success in Europe, the Heel Turns: Christian Louboutin’s Red Sole is Not a Valid Trademark in India | https://buff.ly/2LsOSbj
Charlotte Rogers: Burning clothes is a bad move for Burberry’s brand – Marketing Week https://buff.ly/2msHqCi
The concert T-shirt has a new competitor – restaurant merchandise | https://buff.ly/2Aa2JCj
Design and Branding
Losing Your Brand Identity: How To Commit Trademark Genericide Without Really Trying https://buff.ly/2tZi8iw
How To Make Your Brand Stand Out Like Big Brands | https://buff.ly/2lMXIFU
How Nike & Reebok Branded Their Websites In Accordance With Their Logo Designs https://buff.ly/2KLZamw
Absa has trademarked a new logo https://buff.ly/2KRmpPq
Executing An Experience: Maintaining Brand And Product Quality On An International Scale https://buff.ly/2N0kK7x
Are telecoms companies losing the brand battle? https://buff.ly/2KK9boD
With Schultz Out, Starbucks Must Consider These 5 Elements of Its Brand Story https://buff.ly/2NGbTcE
‘IHOb’ Is Now Back To IHOP, Says Rebrand Was All Part Of Clever Marketing Stunt – DesignTAXI.com https://buff.ly/2mcT8kr
Logo Mania Returns: Branding for the Instagram Generation | https://buff.ly/2LMxAWU
How to ensure your brand survives through 2020 | https://buff.ly/2Ocnro2
McDonald’s CEO: We are not trying to take the brand upmarket https://buff.ly/2Olvz5B
World Cup mania a boon for counterfeiters | https://buff.ly/2IMRA9I
Anyone for tennis? Serving the Wimbledon brand – Intellectual Property Office blog https://buff.ly/2lVJGBQ
Conor McGregor wants to be ‘The Green Back’ for Europe https://buff.ly/2Ky0bCU
Roger Federer fans could be left fuming if Nike make this UNIQLO decision –https://buff.ly/2NqA5zv
Adidas, Three, Budweiser, Snapchat: even more World Cup brand action https://buff.ly/2J6O3mS
Jimmy Buffett Cashes in on ‘Margaritaville’ Brand With Restaurants, Spirits, More https://buff.ly/2m6CQJV
Oprah Winfrey gets frank in motion to throw out ‘frivolous’ lawsuit claiming copyright infringement https://buff.ly/2JfgleZ
Now it looks like Disney will acquire Fox – what will the Marvel MCU look like with Fox’s IP? | https://buff.ly/2mBzHC6
Road Rover Rumors Fueled By Recent Trademark Filing | https://buff.ly/2mES4WG
Volvo announces M mobility brand to rival Volkswagen’s Moia | https://buff.ly/2z93mvr
Enforce Your Trademarks Now Or You Might Be The Next Red Hen https://buff.ly/2lFzJZ8
Nintendo Trademark Sparks GameCube Classic Edition Rumor https://buff.ly/2KzqSXG
The Evolution of Bicycles: A Patent History – https://buff.ly/2KUVlyP
Historic beer brand to return to city https://buff.ly/2KQF92k
[US] Pierogi festivals settle over trademark dispute https://buff.ly/2NnRqrQ
Protecting Intellectual Property: An Important Step for Pet Brands | https://buff.ly/2L24l64
Cat Fight! How These Inventors Beat the Counterfeiters That Nearly Destroyed Their Company. https://buff.ly/2J8xxm5