From the mounting backlash against the EU’s sweeping plan for enforcing copyright on the internet, to whether it subsists in the taste of cheese – November was a month like no other in the world of IP.

So without further ado, Here are all of this month updates from around the web.

EU Copyright Directive (The Internet is Not Happy)

This month consultation in the European parliament on a directive for member states on copyright has led to some serious concern from web giants and the wider internet community.

Of particular concern is: Article 11 which people believe proposes a “link tax” on content aggregators; and Article 13 whose amendments, it is argued, would result in wholesale changes to the obligations of web platforms who host copyright content (which, is pretty much all of them).

Both of these measures seek to protect creators of original content who, under the current regime – are seen to lose out to others gaining advantage from unauthorised use of their work. Though upon review many suggest that the implementation of the directive might cause more harm than good – in diminishing the digital platforms that creatives use for their livelihoods.

In November, The European Parliament voted in favour of the directive, putting the wheels in motion for EU members states to have to pass their own corresponding legislation.

Many suggest that changes would mean would have to review all material being uploaded onto their platform for copyright infringement – before it is made available to audiences.

For online content platforms such as YouTube and Reddit this would be incredibly difficult to administer, as they find themselves hosting an abundance of new content on a day to day basis. These companies say should the directive (and Article 13) come to pass, this might mean that they are unable to continue operating in Europe entirely.

As a consequence, platforms such as the above have begun activism to educate and mobilise their user bases in order to lobby against the initiative under the hashtag #saveyourinternet.

We will be following up this particular issue in detail in a forthcoming piece of insight – but in the meantime here is what others have said about Article 11 and 13 this month.

The Verge cover YouTube’s initial reaction and campaign against Article 13. This is of particular interest as it demonstrates’s YouTube’s stance on the issue.

Finally, The SSL Store look at Google’s reaction to Article 11, their precedent response in Spain, and how might react to push back from Article 13.

Whether or not Europe experiences a Google “blackout” the same ilk as China as a consequence, or other internet services “take their ball and go home” at the challenges the Directive brings to the fore, remains to be seen…

CJEU brie-lieve the taste of cheese cannot be subject to copyright

(I would like to apologise for the terrible pun in the heading for this story.)

In other news from the continent this month – Advocate General Wathelet issued an opinion in the EU pertaining to whether a cheese (specifically the Dutch spreadable “Hesk’nkaas”) could be considered a “work” on account of it’s distinct taste.

AG Wathelet’s opinion was that it could not – but his reasoning has led some to some discussion; specifically around the concept of originality in cheese, and whether taste could be considered a work.I

In this post, the IPKat takes a look at the opinion and it’s technical controversies.

In this post, The Business Standard looks at the contradictions inherent in in the opinion, why perfume and not cheese?

Amazon Brand Registry Faces Hacker Problem

It was announced this month that Amazon have been experiencing a growing issue with hackers intercepting trade mark credentials in order to list counterfeit goods as official on the Amazon brand registry.

To be specific, a growing number of exploits have been found whereby hacking into a USPTO database, rogue traders have been able to go through Amazon’s Brand Registry and denote their goods as genuine to prospective customers.

Amazon have pledged to work with the USPTO in order to resolve this issue, however it comes as another blow to brands’ trust in the platform – with luxury providers historically circumspect of the selling platform.

Bloomberg Law’s report provides further detail on this story.

Recode’s piece provides some insight into the growing “revolt” of brands rising up against Amazon.

World of IP Round Up: The Best of the Rest


Auctioning Art(ificial Intelligence): The IP implications of Edmond de Belamy |

Per Trademark Filings, ‘Zelda’ and ‘Donkey Kong’ Could Be Nintendo’s Next Mobile Games |

Nintendo Wins $12 Million From Trademark And Copyright Infringement Lawsuit |

Sega renews trademark for Virtua Fighter and files ‘Battle Genesis’ for the arcades |

Trademark suggests the folding Samsung may be called the “Flex” |

AirPods 2 Leak Hints At Upgrades: Biometrics And Wellness Sensors |

Apple, Amazon, Google targeted in Texas for patent infringement |

Square Enix files trademark dispute against Dorado Games over ‘Conflict’ branding |

Facebook Settles Dispute Over Alleged Scam Ads Using Tattoo Artist’s Photos |

Dyson Is Working on an Air Purifier That’s Also Headphones |

Motorway technology at heart of smart deal |

Ethernet patent permitted to question validity of own patent |

Playstation 5? Sony filed a patent for a touchscreen-equipped PlayStation controller |

HTC Files Trademark For ‘Vive Cosmos’ VR Equipment |

Take-Two Abandons Rockstar’s Agent Trademark |

LG files for a trademark that could be for a future foldable smartphone |

Square Enix seeks to block indie game trade mark by citing decade old game series| @techdirt


Judge may ditch some counterclaims in Nestlé trademark dispute |

A Foreshadowing of Big Law’s Future: Intellectual Property’s Turbulent Decade |

P&G loses trademark dispute |

Intellectual property risks for startups using crowdfunding |

Common Trademark Mistakes Made by Small Business Owners |

Red Bull caught by the horns in trademark row |

BFI, Intellectual Property Office launch blockchain initiative | @TVBEurope

What is Royalty Free and What Does it Mean for Your Small Business? – Small Business Trends |

Small Business FAQs About Intellectual Property |

Comment: Why intellectual property should be top of the agenda for start-ups |


Australia: Delta warns on rising intellectual property risk | @InsuranceNewsAU

Africa: Trademarking ‘hakuna matata’ a wake up call for African IP |

Canada: Trade deals that lock up intellectual property rules could have dangerous consequences for Canada |

Japan to make trademark registration of era names impossible |

Japan: Louis Vuitton wins dispute over ‘custom-made’ goods in Japan |

China: Luxury Goods Brand Alfred Dunhill Wins Major Trademark Ruling in China |

China: Lego Wins Intellectual Property Lawsuit in China |

China: Nike and LVMH praise China’s efforts to fight intellectual property theft |

China: “Singles Day” sees ‘Ababis’ and ‘Star Wnrs’: Knockoffs thrive in China e-commerce platform |

China: Forget fake goods, fake shopping apps plagued China’s Singles’ Day |

Chinese Trademark Surge Signals Possible U.S. Market Entry |

China: President Xi Jinping vows to better protect intellectual property |

USA: Musically Inclined: The Music Modernization Act of 2018

USA: Laura Peter Appointed Deputy Director of the USPTO |

USA: The Hunt for the Inventive Concept is the Flash of Creative Genius Test |

USA: Bank Of America Faces Trademark Suit Over Virtual Banking Assistant Erica |

USA: US Supreme Court to decide whether trademark licences can survive bankruptcy –

USA: Indiana Photographer Known For Copyright Lawsuits Sues Again

USA Accuses China of Continuing IP Theft as WTO Launches Probe |

USA: Free Market Group Calls for Tighter Copyright Laws |

USA: Conservative Phyllis Schlafly’s heirs lose trademark appeal over brewery |

USA: Monster Energy Wins Flawed Trademark Verdict |

USA: Artificial Intelligence Technologies Facing Heavy Scrutiny at the USPTO |

India: Delhi court tells e-commerce site to check for Louboutin counterfeits |

India: Delhi High Court backs L’Oréal and Skullcandy in counterfeit cases |

Europe: EPO Publishes Revised Guidelines on Computer-implemented inventions |

Europe: Leaks Show Europe’s Attempts to Fix the Copyright Directive Are Failing |

Europe: Marrakesh Treaty is no paper tiger: EU Commission sues 17 countries for non-compliance |

Europe: Is SPINNING generic? EU General Court explains how the relevant assessment is to be undertaken | @Ipkat

At Home

Copyright-based industries contributed to 5.5 percent of UK GDP in 2018 |

UKIPO delivers trademark victory to ‘@pizza’ applicant |

Brexit causing uncertainty in patent activity|

The impact of a ‘no-deal’ Brexit on EU trade marks and designs |

JD Wetherspoon says it is ‘not a brand’ |

Patent, trademark protection for German firms at risk in no-deal Brexit |

Man who sold poppies despite no Royal British Legion link admits trademark offences |

“No clarity on continued rights of representation”: trademark experts have their say on the draft Brexit withdrawal text |

Draft Brexit agreement confirms future of IP rights in UK |

GM Files To Trademark ‘Change Your Perspective’ |

eBay lose trademark case against UKBAY and ordered to pay £560 in costs | @tamebay

UK Copyright Trolls Reactivate, Five Years After Alleged Movie Piracy |


Adidas brand chief: ‘Our talented marketers want to do more than just brief agencies’ |

Jimmy Choo Takes Trademark Action Against Fashion Student |

Burberry says new designer bringing buzz back to brand |

Philipp Plein is Naming and Shaming Consumers in His Fight Against Fakes |

Chanel calls out dozens of companies for using its trademark to make money, wants $2 million from each |

A New Louis Vuitton Lawsuit Shows its Strategic Approach to Brand Protection |

Start-Up Pitches Luxury Goods, Minus the Brand |

Would you buy a handbag from Plada or Loius Vuitton? |

Gap’s comparable sales miss as its namesake brand struggles |

No more counterfeits – Uniqolabel’s security labels ensure genuine products, from maker to consumer |

Levi Strauss Sues Yves Saint Laurent Over Trademarked Pocket Tab |

Dolce & Gabbana’s Brand Reputation ‘In Rags’ Over China Ad Outrage | @forbes

adidas knocked out in trademark infringement case: McGregor IP maintains right to use Conor McGregor’s name |

Design and Branding

How Bonobos grows brand purpose following its controversial sale to Walmart |

Brands are losing out on £774bn by failing to bridge the ‘self-esteem gap’ |

Mixing Brand and Politics is a Complicated Business, Survey Finds | @RSS_Adotas

Recent Arby’s And KFC Promotions Favor Brand Affinity Over Revenues | @forbes


New Scientist calls for the end of the scholarly publishing industry: “more profitable than oil,” “indefensible” |

Orange is the new candy trademark |

Anthropology issues apology after copyright infringement backlash |

Everyone’s making money using NASA logos except NASA |

Dawn Ellmore Employment looks at how Prince’s estate is trying to trade mark his signature colour shade |

[email protected]Dawn_Ellmore reviews Ed Sheeran’s latest $5 million copyright |

Sabrina Netflix lawsuit: Satanic Temple sues over Baphomet statue |

Lucasfilm’s Galaxy of Adventures trademark sparks Star Wars rumors |

Ed Sheeran settles copyright claim with Australian songwriters

Kylie Minogue Addresses Legal ‘Tussle’ With Kylie Jenner Over Name Trademark |

Producers of Netflix’s ‘Narcos’ Series Ask Court to Dump Copyright Suit |

Does intellectual property exist in the beauty community? |

Steve Perry Sues to Prevent Release of Unreleased Nineties Songs |

Mickey Mouse celebrates his 90th anniversary as Disney copyright battle looms |

Notorious copyright lawyer evades sanctions in dismissed suit against Kendall Jenner |

How to use intellectual property rights to protect a new sports format | @LawInSport

Fortnite facing legal threats over ‘stolen’ dances, but can you copyright choreography? |

LL Cool J Sues Rock the Bells Promoter Over Trademark: Report | @Pitchfork

Leicester City scores win against Leeds in trademark dispute, but misfires in bad faith claim | @WTRmagazine

JAY-Z Cites Racial Discrimination in Trademark Infringement Case | @Pitchfork

Everything Else

“Salt Bae’s” unique way of applying salt can be a trade mark, says EUIPO Fifth Board of Appeal

USA Girl Scouts sue Boy Scouts over trademark infringement after opening up to girl members |

Tequila Regulatory Council Opposes Musk’s Teslaquila Trademark |

If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement? |

The Top Ten Patent Wars: The Light Bulb –