October was a land mark month for Virtuoso Legal, wherein we ourselves made the news (and legal trade press) with two rulings of considerable significance earlier in the month. (Part of the reason for the delay in this post!)

The month’s other headlines are equally notable. In particular, the plot thickens in the UK with advice from the IPO in relation to IP should a “no-deal” Brexit come to pass. Further to this, a report issued by the Government pertaining to IP related matters as a consequence of the October budget.

In addition to this, there was (and remains) much consternation in usually peaceful Oxford over the University’s desire to protect the word OXFORD as a trade mark.

Without further ado, let’s begin the round up!

UK Government offers a bonanza of IP guidance on: no-deal Brexit, trade marks and October’s budget

As a wholly embedded area of law, intellectual property changes as the working world changes. Sweeping changes in legislation can, as such, become game-changers in IP in ways that might not be as straightforward as other areas of law.

No imminent piece of legislation is as sweeping as Brexit – where the many potential scenarios on offer an equal amount of complicated results for how IP rights may then take at home and abroad.

One such fundamental right is copyright, based upon many international treaties already – would be subject to significant changes should “no deal Brexit” occur. The Department of Business, Energy and Industrial Strategy has published a paper stating the key changes to expect should a deal not be reached.

This concerns:

  • sui generis database rights
  • portability of online content service
  • the country-of-origin principle for copyright clearance in satellite broadcasting
  • orphan works copyright exemption
  • collective management of copyright, and;
  • cross border transfer of accessible format copies of copyright works.

Many of the implications of a no-deal Brexit on Copyright are provided in this 1709 blog.

Deal or no deal Brexit continues to cause concern for as CITMA who warn that UK trade mark attorneys may lose significant amounts of revenue when their ability to represent clients at the EUIPO.

In and amongst this, the UK government offered guidance in relation to changes resulting from the EU Trade Mark Directive 2015 coming into effect (implemented through UK Trade Mark Regulations 2018). Changes allow for non-visual registrations and various electronic formats (e.g. MP3 and so on).

Gov.UK offers some clear insight into other key changes, also including how to manage expired marks.

Finally, after a bit of a roll in releasing papers the Government published a white paper, in relation to IP from Philip Hammond’s budget.

Here, the review explores the “undervalued and under exploited” nature of “knowledge assets” and establishes high level recommendations for businesses to seek to adopt. The reporting back from this paper will establish how IP may be treated moving forward in the next spending review.

As such, the government have provided a veritable cornucopia of material for IP pros to wrap their heads around. All of which offer some perfect late afternoon reading with a cup of tea(!)

The Battle for Oxford

In a fairly unique piece of news, it was announced that Oxford University would seek to register “Oxford” as a trade mark this month.

The announcement caused much consternation from businesses and others around Oxford who anticipate that the university would seek to enforce it against commercial denizens of the town.

It is most likely however, that the University is looking to enforce the mark in order to stop non-affiliated (or even rogue) entities from presenting themselves as the University – rather than seek to establish a monopoly over the use of the word.

The Times broke the story here which was then followed up by the Oxford Mail’s announcement that it had been approved. It remains to be seen whether the concerns of the broader businesses around Oxford is merely academic.

World of IP Round Up: The Best of the Rest

Apple sued over the ‘MeMoji’ Trademark that was granted to another Company last week by USPTO | https://buff.ly/2DL4jfG

How big is Amazon’s counterfeit problem | https://buff.ly/2ycN2WM

Apparel group wants some Amazon sites listed as ‘notorious’ counterfeit markets | https://buff.ly/2QuGqe3

This is the most sought after smartphone brand for inspirational Indians (no, it’s not Apple) | https://buff.ly/2E4QngT

Nintendo patents playable Game Boy phone case | https://buff.ly/2Em7taf

Blockchain and intellectual property – where are we now and what does the future have in store? | https://buff.ly/2CMPV5m

Galaxy Watch claimed to infringe on trademark law | https://buff.ly/2CGcPuk

Business

Starbucks is forcing an Indian coffee chain to change its “deceptively similar” name | https://buff.ly/2RilmbC

Walmart to buy plus apparel brand | https://buff.ly/2O7Kzrl

Why IP protection is important for every start-up | https://buff.ly/2ySCZ9O

Dunkin’ for change: Dunkin’ drops “Donuts” | https://buff.ly/2S6bEtr

Premier Inn unveils no-frills hotel brand with pod-style rooms | https://buff.ly/2NR4jL3

EU court dismisses Bacardi trademark appeal | https://buff.ly/2z4FgyA

Global crackdown seizes £10m of counterfeit medicines | https://buff.ly/2PQsV8v

How a founder’s story fueled Medtronic’s growth from a tiny garage to a $120B brand| https://buff.ly/2PXIFXg

Trade Secrets: Mitsubishi accused of stealing trade secrets | https://buff.ly/2qdxsqe

Protecting your trade marks and intellectual property abroad | https://buff.ly/2D9tis4

How do supermarkets get away with ‘lookalike’ own-brands? | https://buff.ly/2P2eS3d

International

“Trade war”: why US and China remain so far apart on IP rights | https://buff.ly/2Ir8z2S

CANADA: Canada ‘caved’ on intellectual property provisions in USMCA trade deal, experts say | https://buff.ly/2OrPe6T

USA: Here’s what’s new in the U.S.-Mexico-Canada Agreement | https://buff.ly/2OqpdFa

CHINA: China grapples with trademark infringement—of its own brands | https://buff.ly/2O9DJBS

USA: Chinese spy chips are found in hardware used by Apple, Amazon, Bloomberg says; Apple, AWS say no way | https://buff.ly/2P8BbAd

CHINA: Case of Daoxiangcun highlights IPR improvements, loopholes in China | https://buff.ly/2IZ3C1o

USA: What Entrepreneurs Need to Know about Securing and Protecting Trademarks | https://buff.ly/2EoN302

USA: New Patent Office guidelines bolster intellectual property owners’ position | https://buff.ly/2QWECuA

CHINA: China launches trademark office to protect domestic brands IP | https://buff.ly/2yZfADM

CHINA: China’s top court will hear intellectual property appeals amid trade war | https://buff.ly/2D0DR0s

CHINA: Xi vents frustration toward trade war to Abe | https://buff.ly/2JoAp02

USA: Iowa State student groups ask administrators to halt new trademark policy | https://buff.ly/2AnW6ur

CHINA: Alibaba wins preliminary trademark injunction against cryptocurrency Alibabacoin | https://buff.ly/2z2XCQH

USA: Copyrights: Intellectual Property Considerations for Start-Ups | https://buff.ly/2SiGRKe

USA: US targets Chinese firm over security fears | https://buff.ly/2Ss1kw2

USA: Online Trademark Registration Services Can Be Disastrous | https://buff.ly/2JqhKkw

USA: Protecting The Intellectual Property Of Jewelry Designs | https://buff.ly/2zfQVuM

At Home

Britain’s brand value grows to $3.7tn replacing Japan in global fourth spot | https://buff.ly/2E8rukj

UK beautician fights back after Tiffany trademark opposition threat | https://buff.ly/2RScKJ6

Half of UK consumers have bought counterfeit goods online | https://buff.ly/2NM2z5y

Pressure grows on producers of illegal streaming devices and thieves of paid-for content | https://buff.ly/2NZcUvk

Is the Scotch whisky trademark guaranteed? | https://buff.ly/2O0TYfL

Craft-Beer Brewers Open Taps as Trademarks Soar to Record | https://buff.ly/2AnjMPg

Yorkshire property tycoon to bring Poundworld back to high street | https://buff.ly/2Jl50vz

Fashion

Chanel buys swimwear brand Orlebar Brown | https://buff.ly/2DINNNl

The 26-year-old with a £100m sportswear brand | https://buff.ly/2zHHUfd

Taking Risks Can Benefit Your Brand – Nike’s Kaepernick Campaign Is A Perfect Example – https://buff.ly/2P2fUIp

Walmart to acquire women’s plus-size clothing brand ELOQUII | https://buff.ly/2Ristkm

The 26-year-old with a £100m sportswear brand | https://buff.ly/2zHHUfd

Taking Risks Can Benefit Your Brand – Nike’s Kaepernick Campaign Is A Perfect Example – https://buff.ly/2P2fUIp

Walmart to acquire women’s plus-size clothing brand ELOQUII | https://buff.ly/2Ristkm

Why VCs are pouring money into beauty brands | https://buff.ly/2zX9buv

Asics Can’t Block Hash Mark EU Trademark Registration | https://buff.ly/2S0szxk

Off-White Is the Hottest Brand in the World… | https://buff.ly/2Sf63kA

Balenciaga Gets Hit With Lawsuit For Ripping Off Iconic Air Freshener Design |https://buff.ly/2Aue26u

Founder Chip Wilson Takes Aim At Lululemon: ‘I Want The Brand To Stand For Something’ – https://buff.ly/2zd30R7

A New Ruling Just Reignited Converse’s Infamous Trademark Saga | https://buff.ly/2qsh7yl

Design and Branding

14 Car Logos and Interesting Stories Behind Them https://buff.ly/2P5Dkwv

The Secret To Generating Buzz For Your Brand That Keeps People Talking | https://buff.ly/2RmYFTL

Apple world’s top brand, Facebook slips to 9th spot: Report | https://buff.ly/2O7Km7x

10 lessons all marketers should take from Direct Line’s brand strategy | https://buff.ly/2CoQjWX

Why Video Is The Future Of Luxury Brand Marketing | https://buff.ly/2SxpXYj

Culture

Conor McGregor faces fresh trademark battle over star’s “F.A.S.T.” brand | https://buff.ly/2zH815X

Bungie Files Trademark for ‘Matter’ in the EU | https://buff.ly/2xR7Aou

Netflix sued by easyJet founder in trademark dispute | https://buff.ly/2DJsHhX

Netflix faces trademark lawsuit from easyJet over Joe Swanberg comedy series Easy https://buff.ly/2On8lPC

Beyonce Loses Motion For Permanent Injunction In Trademark Battle | https://buff.ly/2RpYreM

Donald Glover Sues Former Label in Childish Gambino Royalties Dispute | https://buff.ly/2MuAD5z

EU General Court throws out Deep Purple trademark cases | https://buff.ly/2OawPfv

Kanye West Files Trademarks For “Yandhi” Merch | https://buff.ly/2DElgsg

Museum of Modern Art Wins Injunction Against MOMACHA | https://buff.ly/2ErnADh

Judge Denies Beyoncé Summary Judgment in Feyoncé Trademark Case | https://buff.ly/2Abvhtb

P. Diddy Didn’t Secure His Domain Name. It’s Up for Auction- Who Will Win it? | https://buff.ly/2q0JOlE

Inside the windowless bunker where Disney stores its ‘secret weapon’ | https://buff.ly/2yQZEmN

Kevin Hart Settles Trademark Lawsuit | https://buff.ly/2S8pewu

“The [trademark] consists of the colour purple alone.”| https://buff.ly/2JoPjU7

Everything Else

Toys ‘R’ Us Lenders Plan Brand Revival | https://buff.ly/2y31gJO

Video: Toys R Us lender cancels bankruptcy auction https://buff.ly/2O3mr9k

Toys“R”Us Announces Rebrand As ‘Geoffrey’s Toy Box’ With New Logo | https://buff.ly/2EalCY1

Tesla files to trademark ‘Teslaquila,’ Elon Musk says it’s ‘coming soon’ https://buff.ly/2AatJzE

Trademark filings reveal new Audi logos | https://buff.ly/2AaJiXU

Aston Martin Files Valhalla Trademark, Possibly For New Supercar | https://buff.ly/2S5HDKt

Honda ‘ditches’ agencies in move to take charge of its brand | https://buff.ly/2z2Ua8u

Johnnie Walker’s Iconic ‘Striding Man’ Now Has A Diverse Group Of Friends | https://buff.ly/2Q3nBP4

AI-Painted Masterpiece Sells For Over 60 Times Its Estimated US$7,000 Bid Price | https://buff.ly/2qeDhng

General Motors Files Trademark on ‘Chevrolet FNR’ Name Previously Attached to Exotic EV Concept – https://buff.ly/2Q9c1Ce

Stranger than fiction: Marvel Comics Oppose Trademark From Alien Conspiracy Theorists | https://buff.ly/2qnqS0l