Litigious Uber goes after “BeauBer”

Litigious Uber goes after “BeauBer”

The owner of a Florida beauty salon has attracted the unwelcome attention of Uber after releasing her own appointment-booking app, “BeauBer”. The name of Carolina Vengoechea’s app is a portmanteau of the two services she offers at her salon, namely “beautician” and...

Singapore introduces trademark applications “on the go”

Singapore has become the first country in the world to enable applicants to file for a trademark registration via an app on their smartphone. “IPOS Go” was built and released by IPOS – the Intellectual Property Office of Singapore. According to IPOS, the new app...

Guns N’ Rosé trademark action to be settled

Hard rock band Guns N’ Roses have agreed to settle a trademark infringement lawsuit brought against brewery Oskar Blues, which had been selling a beer called “Guns ‘N’ Rosé”. The federal lawsuit was filed in May 2019. The brewery had earlier sought to trademark the...

Who’s the Boss? Welsh Brewery finds out … to its cost

Welsh Brewer Boss Brewing applied last year to register two of its beers, “Boss Black” and “Boss Boss”, a process that usually costs in the region of £300. However, clothing giant Hugo Boss objected, insisting that the small Welsh firm “cease and desist” selling the...

Gatorade still “The Sports Fuel Company” after ruling

The Court of Appeals in the US has reaffirmed the right of The Gatorade Company to use the slogan “Gatorade The Sports Fuel Company” in the latest installment of a long-running dispute. SportFuel, a Chicago-based lifestyle and nutrition consultancy which owns a number...

McDonald’s loses exclusive use of “Mc”

American fast food giant McDonald’s has suffered a fresh blow to its “Mc” trademark, losing its exclusive claim to the use of the prefix on a number of its products and services. Irish company Supermac’s, which operates over one hundred food outlets in the Republic of...

Claridge’s wins trademark action against candle company

Claridge’s Hotel of Mayfair has won its trademark case against Claridge Candles after successfully arguing that the independent candle manufacturer had been trading off the hotel's name and reputation. The hotel had argued that the candle and oil diffuser company had...

Red Bull loses “blue and silver” trademark appeal

Red Bull’s latest appeal against the European Central Court’s decision to invalidate its “blue and silver” trademarks has ended in failure. The soft drinks giant registered two trademarks, the first in 2005 and the second in 2011, covering the use of the colors blue...

Litigants cannot choose their opponent’s Lawyers

In a rather rare application, Scottish glass producer Glencairn sought to prevent the Leeds team at IP law specialist Virtuoso Legal from acting for Glencairn’s opponent, Canadian-based Product Specialities Inc.  The basis for the case was that the Virtuoso Legal...

Over 2 Million AI-Powered Trademark Searches Completed

Trademark professionals have completed over 2 million AI-powered trademark searches in 7 years through TrademarkNow’s platform. The amount of searches is growing rapidly every month, as evidenced by an increasing number of companies implementing intellectual property...

Facebook tech fails to detect fake Which? advert

With all the public battles that Facebook has been confronted with recently, it’s no surprise that Which? managed to, very easily, work its way through the company’s ad monitoring process. What is shocking is how long the advert managed to stay active and unnoticed –...

JetBlue files infringement lawsuit against Walmart

JetBlue Airways has filed an infringement suit against Walmart for the name Jetblack. According to court filings, JetBlue claimed that Walmart tried to capitalize on the goodwill associated with the airline’s trademark name. JetBlue state that Walmart's mark causes...

More Copyright News

General Court of EU confirms invalidity of the adidas EU trademark

The General Court of EU today confirmed the invalidity of the adidas EU trademark. The court stated that adidas has failed to prove that their mark, which consists of three parallel stripes applied in any direction, has acquired, throughout the territory of the EU,...

EUIPO report confirms link between fake goods and organised crime

Counterfeiting is far from a victimless crime. We’ve suspected for a long time that counterfeit goods have been used to fund organized crime, terrorist organizations and large-scale crime syndicates. French authorities found that the Charlie Hebdo attackers financed...

Iron Maiden sue makers of video game for $2 million

Iron Maiden’s holding company have launched a $2 million trademark suit against the makers of video game Ion Maiden. The lawsuit, filed at the Central District of California court on 28th May, accuses creators 3D Realms Entertainment of using an “incredibly blatant"...

INTA president asks members for unity in stopping counterfeits

International Trademark Association (INTA) members should help stop the propagation of counterfeits, according to association president David Lossignol. This comes after INTA released a report which showed up to 79% of 18-23-year-olds surveyed had purchased...

INTA Gets Underway in Boston

More than 11,100 brand owners, trademark practitioners, and other intellectual property (IP) professionals from 150+ countries are gathering today through May 22 in Boston, Massachusetts for the 2019 Annual Meeting of the International Trademark Association (INTA) to...

23% of global domains targeted by cyber-attacks

Almost one-quarter of brands have had their domain targeted by cybercriminals, according to the latest global research report released by MarkMonitor. The report also highlighted that 62% of brands reported that cybercrime impacted their business in the last year....

Trump to tackle illicit goods and piracy

U.S. president Donald Trump yesterday signed a memorandum that aims to stop the trafficking of counterfeit and pirated goods. The memorandum, outlines policies aimed at tackling counterfeits online and the administration's goal to “protect American businesses,...

Red Points gains $38m in funding

Red Points announced today that it has closed $38 million in funding, bringing the company’s total capital raised to $64 million. The round was led by Summit Partners, with additional participation from existing investors Northzone, Mangrove, Eight Roads Ventures and...

What Brexit means for UK Intellectual Property rights

With Brexit still rumbling on, Mike Sweeney, Senior Legal Counsel at brand protection provider Incopro, has provided his thoughts on the three possible scenarios of Brexit and what it could mean for UK Intellectual Property rights and businesses. 1. What it means for...

Facebook sues Chinese companies for infringement and cybersquatting

Facebook is suing four Chinese companies that allegedly sold fake Facebook and Instagram accounts. The complaint was filed on March 1 in U.S. federal court and argues that the companies manage multiple websites promoting the sale of fake accounts since 2017. Three...

Swatch accuse Samsung of copying watch faces

Samsung has been hit with an infringement suit just days after it unveiled its latest Galaxy Watch. Watchmaker Swatch Group - responsible for Tissot, Omega, Rado and Swatch brands - filed a complaint against Samsung Electronics and its American arm, claiming the...

Kim Kardashian sued for $430m for emojis

A social-media developer is suing reality show celebrity Kim Kardashian West and her company, Kimsaprincess Inc., over a series of emojis and images. In a suit filed Tuesday in the federal court in Oklahoma City, the developer alleges he and a team collaborated with...

Anaqua receives major investment from Astorg

Anaqua today announced that the business will receive a significant equity investment from Astorg, a  European private equity firm. As part of this transaction, Astorg will become the controlling shareholder of Anaqua, replacing Insight Venture Partners and Bessemer...

Christian Louboutin wins another red sole shoe case

Christian Louboutin secured a victory in its long-running red sole case against Dutch footwear brand Van Haren. Van Haren launched a collection of high-heeled shoes complete with red soles in 2012. Paris-based Louboutin, who own the lacquered Chinese red sole,...

Cadbury gives up claim on the color purple

Confectionery giant Cadbury has given up its claim to the trademark on the color purple, having used the colour since 1914. The company lost the trademark to this particular shade at the Court of Appeal last year after a case launched by Nestle which claimed trademark...

UK clothing company ASOS contests over trademark it doesn’t own

Lawyers have told the Electronic Frontier Foundation that, for the second time in a month, their legal claims were sent in error. Lawyers representing British fashion company ASOS sent a email to an EFF attorney, apologizing for the recent cease-and-desist letter over...

Chinese government grant Ivanka Trump five trademarks

The Chinese government has granted preliminary approval of another five trademarks for Ivanka Trump’s company this month. Four trademarks, including child care centres, sunglasses and wedding dresses, were approved on Sunday, with a fifth for brokerage, charitable...

Popstar Rihanna sues dad over Fenty trademark

Rihanna has sued her father for suggesting that a business venture he set up in 2017 is associated with her Fenty brand. The international popstar - real name Robyn Rihanna Fenty- filed a lawsuit in the Los Angeles federal court on Tuesday accusing father Ronald Fenty...

McDonald’s loses EU trademark for Big Mac

McDonald’s has lost its European trademark rights for its Big Mac burger after a legal battle with Irish chain Supermac’s ended last week. Supermac’s brought a case against McDonald's to the EU Intellectual Property Office two years ago, accusing the fast-food chain...

US Supreme Court to consider case on vulgar trademarks

The US Supreme Court agreed to a hearing for a case brought by a clothing line named "Fuct" whose registration was refused by the government on grounds of vulgarity. The street-wear brand, founded in 1990 by Los Angeles-based designer Erik Brunetti, was initially...

Costco to pay Tiffany & Co. $25 Million for infringement of rings

Costco was ordered to pay $25 million dollars for using the Tiffany & Co. name for selling unauthorized branded Tiffany diamond engagement rings. The New York-based jewellery company has been in and out of court with the multinational retail corporation since...

BIC files infringement complaints for pocket lighters

Pocket lighter maker BIC Corporation filed a Section 337 infringement complaint with the U.S. International Trade Commission (ITC) seeking to stop the importation of infringing pocket lighters. BIC also filed a complaint in the Eastern District of New York with...

Amazon hit with trademark and patent lawsuit over chair design

Amazon is being sued for allegedly copying one of Williams-Sonoma's protected chair designs. Williams-Sonoma filled a trademark and design patent infringement lawsuit in a federal court in California against the American e-commerce giant. With its “cutout back, and...

68% of shoppers mistakenly bought counterfeit Christmas gifts 

Counterfeiters are capitalising on Christmas; this is according to new research by brand protection company MarkMonitor. One in three (30%) consumers has inadvertently bought a fake product, with 68% of the counterfeit items being bought as Christmas presents. The...

Six of ten fake goods seizures are from small parcels

A new report out today reveals that more than six out of ten customs seizures of counterfeit or pirated goods are of small parcels sent through postal or courier services. The research, carried out by the European Union Intellectual Property Office (EUIPO) and the...

‘St Andrews’ trademark application dismissed by EU court

The European Union Intellectual Property Office has denied an appeal by famous golf course St Andrews to register their name as a trademark. St Andrews links wanted the name of the Scottish coastal town to be protected in order to stop other companies around the world...

Cadbury lose appeal on trademarking color Purple

Cadbury today lost their appeal to trademark the color purple. The case concerns Cadbury’s registered UK trademark for the color purple, which states  “The mark consists of the color purple (Pantone 2685C) as shown on the form of application, applied to the whole...

Red Bull fails to convince EUIPO for opposition filing

Red Bull's attempt to oppose the trademark registration for a beverage company called "Big Horn" over their logo has failed with the EUIPO.Citing brand protection, Red Bull argued that the logos were too similar, as both feature bulls and a yellow background, but Big...

One in ten UK consumers injured after buying counterfeit goods

Close to one in 10 UK consumers (9%) who have bought a counterfeit product online in the past year have been injured as a result of purchasing the item, according to an independent report by online brand protection company, Incopro. Of those consumers who have been...

Transferable IP rights confirmed post Brexit

EU trademarks and designs will continue being valid in UK post Brexit under the draft withdrawal agreement. Article 54 of the withdrawal agreement confirms owners of EU trademarks - even those registered or granted in the 21-month transition period - will ‘without any...

Fake poppy sellers diverting cash away from charities

Remembrance Sunday, which falls on 11 November 2018, is a day for the nation to commemorate the contribution of men and women who have sacrificed themselves for our freedom, wearing a remembrance poppy to show support and appreciation. But unfortunately – like a lot...

New Darts-ip Report on Immoral Trademarks

Based on a study of data in the Darts-ip case database, the aim of this report is to discuss rejections based on grounds of immorality in different jurisdictions around the world. The data within this report covers Europe, USA, Russia, Japan, China, Australia and...

P&G loses trademark dispute over Olay image

Procter & Gamble Co. have lost a dispute on their claim that Solav's skincare trademark application of a stylized drawing of a woman’s face and brand name was similar to their trademark for Olay skincare. London company Nelovy Healthcare Ltd applied last year to...

Prince’s estate files trademark for a shade of purple

The estate of the deceased musician Prince has reportedly filed a claim to trademark a particular shade of purple, which could bar media producers from using it. The posthumous foundation of Prince, Paisley Park Enterprises Inc, filed a trademark application for “Love...

E-commerce Giant Alibaba wins infringement case

Alibaba won a preliminary injunction against Alibabacoin Foundation for trademark infringement. The Fortune 500 company opened a trademark infringement case against the cryptocurrency company for brand confusion. The injunction stops ABBC from using any materials...

Watchmaker Orient wants ban on Galaxy smartwatch

Japanese watchmaker Orient wants Galaxy smartwatch sales banned. Samsung changed the name for its smartwatches from 'Gear', to 'Galaxy', and prompted Orient to seek an injunction against Samsung, saying that it trademarked the “Galaxy” monikers for watches in 1984....

Clothing company suing Rihanna, Puma & Fenty Corp for use of “FU”

Clothing company Freedom United is suing Rihanna, Puma and Fenty co. for supposed deliberate infringement of their trademark "FU". The pop-star and her associates are accused of engaging in trademark infringement and unfair competition among other things, as Fenty...

Counterfeit products fool one in four UK consumers

More than a quarter (26%) of UK consumers have been fooled into buying a counterfeit product while shopping online in the last 12 months, according to an independent report released by online brand protection providers, Incopro. The report, titled ‘Counterfeit...

Former NFL player Colin Kaepernick files to trademark his image

Colin Kaepernick has filed to trademark his Image. Kaepernick's company - Inked Flash- filed on October 5 to the U.S. Patent and Trademark Office for a black and white image of his face and hair in several categories, like clothing, toys, candy and mugs. The filing...

Major trademark victory in China for UK Fashion brand Alfred Dunhill

Alfred Dunhill announced it has won a major victory in a long-running trademark battle in China. In a ground-breaking decision handed down on 10 October, the luxury brand has been awarded RMB 10 million (USD 1.47 million) after the Foshan Intermediate People’s Court,...

Colgate take Dutch toothpaste company to court

Netherlands-based company PrevDent was taken to the US District Court by Colgate-Palmolive yesterday over alleged trademark infringement. Colgate accused PrevDent International and its US affiliate of infringing Colgate trademark ‘PreviDent’ - something the company...

Cafe Must Change Its Name after MoMA Suit

Cafe and art gallery MoMaCha must change its name, logo and website after a hearing which had the Museum of Modern Art (MoMA) saying it infringed on its trademark. This preliminary injunction ordered the cafe to stop “using, displaying or promoting MOMA or MOMACHA...

£50,000 worth of fake goods seized in England

Counterfeit goods worth up to £50,000 were today seized in Shropshire, England, with a 28-year-old man being arrested on suspicion of possession of the counterfeit merchandise. Among the confiscated items were football shirts, hair straighteners, and 400 pairs of...

Fijian Government contesting trademark on traditional greeting

The Fijian Government is preparing to contest a United States businessman who trademarked the word “Bula”. Fiji’s Attorney-General Aiyaz Sayed-Khaiyum said in a statement preparations were underway to lodge necessary documentation with the United States Patent and...

Earphone company Bragi suing OnePlus in Europe

Wireless earphone company Bragi is suing OnePlus in the European Union for alleged infringement on its 'Dash' trademark. The German company claims OnePlus is creating brand confusion with the 'Dash Charge' feature found on its smartphones, claiming it sounds similar...

Marques 2018: How EU copyright reform could affect trademarks

The widely publicised EU copyright directive has come under much scrutiny recently for the implications it could have on the tech industry and the movement of information. The directive, which aims to harmonise aspects of the European Union copyright law and move...

Virgin seeking to bring trademark infringement case

Virgin Enterprises yesterday accused an individual of infringing its ‘Virgin’ trademark. The claim alleged infringement from Virgin Capital Partners (the fictitious entity) along with US man Frenchie Benjamin and internet service provider Namecheap. Namecheap is the...

Verdict overturned in Apple trademark dispute

An earlier European Union IP Office ruling that had gone against Apple was today annulled by The EU General Court. The case overturns the 2016 decision that Apple's trademarks were not infringed upon by Apo International. Apo International - a Taiwan-based projector...

Wine Spectator sues Weed Spectator over similarities

The publisher of Wine Spectator magazine, M. Shanken Communications, has filed a lawsuit accusing California-based Weed Spectator of infringing its trademarks. The Wine Spectator lists the copying of its notable 100-point rating scale and branding as grounds for the...

Ohio State files action against Oklahoma for use of block ‘O’ logo

Ohio State University filed a Trademark Trial and Appeal Board action last week against Oklahoma State University over the use of the block "O" logo. Ohio claims ownership of the "O" since 1898 and states Oklahoma's similar style character is likely to cause confusion...

Monsta Pizza win trademark row with Monster Energy

Monster Energy Drinks are known in the industry for targetting smaller companies with similar names to stop them from proceeding with business. Usually, they do this successfully but this week the UK IPO has ruled in favor of Monsta Pizza, a Wendover-based restaurant....

P&G apply to trademark some millennial acronyms

Procter & Gamble is trying to own some of the increasingly popular millennial-friendly terms that are used all over social media and texting-apps. The company is attempting to attract younger shoppers by using acronyms such as LOL, NBD, FML, WTF in its latest...

Half-Baked marijuana edibles trademark in final stages

Since the legalization of marijuana in many states of America, news stories on the subject seem to be increasingly common. In early August this year, MJ Munchies Inc. (owned by NightFood Holdings Inc.) received confirmation from the State of California that its...

TV Chef sues his old self-titled restaurant

James Cochran, star of BBC's Great British Menu, is in a bitter trademark battle with his former restaurant. Cochran left the restaurant in London earlier this year but the company who ran it, Rayeula, has continued to trade under the name, which they trademarked....

Beyoncé victorious in Ivy Park dispute

We previously reported on the case that had Beyoncé suing Mike Lin for improper use of her daughter's name. This week, the trademark board sided with Beyoncé and disallowed Mike Lin's company 42/47 from trademarking Poison Ivy Park. It was back in 2017 that an L.A....

Bob Dylan’s whiskey company sued

Bob Dylan's whiskey company, Heaven's Door Spirits, is being sued by Heaven Hill Distillery of Kentucky for trademark infringement over the use of a logo that is allegedly confusingly similar. Heaven's Doors Spirits only debuted this year but was sent a...

Disney faces early loss against unlicensed characters

This week, a Federal Judge in New York refused to grant a summary judgment in favor of Disney in its ongoing case against Nick Sarelli. The case is based on Disney alleging Sarelli is running a  "knock-off business ... built upon the infringement of Plaintiffs' highly...

Conor McGregor and Adidas threatened with fine

A Dutch court has banned Conor McGregor from selling merchandise including shorts, sweaters, and hoodies with his name attached. The MMA superstar has been warned that if he is to continue selling the products, he could face fines up to £250,000. Adidas and its...

Hasbro & DC Comics settle Bumblebee dispute

A trademark dispute that began in late 2017 has been resolved between Hasbro and DC Comics. Judge Lorna Schofield, of the Southern District of New York, ordered the case dismissed on Wednesday upon receiving a settlement notice from DC’s attorneys The original lawsuit...

Ferrari are being sued by Steve McQueen’s family

Luxury car brand Ferrari are being sued by the family of Steve McQueen - 'the King of Cool' - for making products around the image of the iconic actor. The family claim they should be compensated for the company using his image and profiting off his name. The lawsuit...

41% UK increase in spirits trademarks

It has been widely reported that the number of trademarks for beer and cider has been on a steady increase in recent years and now City law firm RPC has revealed that the same pattern is taking place with spirits and liqueurs in the UK. According to the...

Kim Kardashian sued over new perfume line

Arguably the most famous reality TV star in the world, Kim Kardashian is certainly not exempt from the law when it comes to trademarking her business empire. The latest lawsuit related to the star comes after the launch of her perfume line. Legal documents show that a...

Nike lose trademark battle with premium activewear brand LNDR

Premium activewear brand, LNDR (pronounced L-N-D-R), represented by Osborne Clarke, has won an IP dispute against global sportswear giant, Nike. The case was over Nike’s use of ‘LDNR’ in a recent advertising campaign. Nike’s “Nothing Beats a Londoner” advertising...

KitKat’s appeal dismissed in four-finger battle

Nestle has lost an appeal in Europe over their attempts to trademark the four finger KitKat shape. Judges at the EU Court of Justice dismissed their latest attempt to trademark the shape of their bar, leaving the chocolate bar at risk of being copied by competitors....

The producers of “City of Lies” begin TM infringement battle

The producers of “City of Lies,” Johnny Depp’s upcoming film about the murder investigations surrounding Tupac Shakur and The Notorious B.I.G., have filed suit against another film company, saying that the similar names between the companies are causing confusion in...

UKIPO Trends 1995-2017

The UK government has today released a report on trends at the UKIPO between 1995-2017 (please see here). A few key points to take from the report: Patent applications made directly to the UK IPO have seen a gentle decline in recent years, applications filed at the...

ISRAEL – TRADEMARK ANECDOTES

by Rachel Pasher EIjkenaar, adv. , Isaac Mazliach Attorneys MINISO v. MAX STOCK File  number: Tel Aviv 58062-04-18 Guangdong Saiman Lnvestment Co. Ltd v. Max Management Israel Ltd. and   others: Court and Judge: District Court of Tel-Aviv// The honorable Noa...

How IP Counsel can make the most of their organization’s IP

An interview with Raymond Millien, Vice President & Chief Intellectual Property Counsel of Volvo Car Corporation.     To successfully monetize IP, you have to look back to what you filed in previous years. Those are the assets that are readily available...

Brexit White Paper – response from CITMA

The UK government has released its long-awaited white paper mapping its Brexit plans. Despite the UK having ratified the UPC, Brexit has put the UK’s future membership into question – the white paper appears to show that the government intends for the UK to remain...

Jaguar moves to trademark C-Pace name

Jaguar is again picking up the pace. The manufacturer has filed a new European trademark application with the word "Pace" in it, and this time it's all about the C-Pace. While there is no other info to go with the name, it could very well stand for a new, upcoming...

Albania Introduces New Trademark Regulation

A new trademark regulation entered into force in Albania on June 7, 2018, clarifying a range of issues raised by the changes to the Albanian Industrial Property Law in force as of March 24, 2017. Some of the most significant changes and clarifications concern the...

Furcor Beverages lose TM fight over V Energy

This week, Furcor Beverage's application to trademark the color green on its V Energy energy drink in Australia was denied. The decision comes after the original application from 2012 detrimentally including the wrong color. Furcor's application was fiercely opposed...

Roger Federer in TM dispute over RF logo

Earlier this year, Roger Federer reportedly signed a 10-year deal with UNIQLO for $300 million USD and left his previous sponsor Nike. Federer had been signed to Nike for the majority of his career but his contract expired in March 2018. Despite the contract being...

Australia wins plain packaging ruling at WTO

A decision has been upheld by the World Trade Organization that requires Australia's cigarettes to be sold in plain packages without any logos. The landmark case could usher in a new wave of global tobacco restrictions. A panel of dispute-settlement experts backed the...

Shipyard Brewing lose TM suit

In 2017, Shipyard Brewing Co. filed a lawsuit against Logboat's Shiphead Ginger Wheat Beer. The lawsuit was focused on trademark infringement through the use of a similar name and logo, which was likely to cause consumer confusion. Although both beers use the same...

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