Week’s news headlines – September 8th, 2017

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Brian Duffy’s estate sues Hard Rock Cafe over David Bowie image
The case (pdf) is being filed at the US District Court for the Southern District of New York. The photograph is registered under registration number VA 1-428-937



Hasbro sues Warner Bros over ‘Transformers’ character
Toy and game manufacturer Hasbro has sued Warner Bros for trademark infringement for allegedly using the ‘Bumblebee’ trademark without permission on its ‘Super Hero Girls’ line of action toys

Beer trademarks flow amid craft beer revolution
Law firm RPC found that the figure rose from 1,666 in 2015 to 1,983 in 2016, following a long-term trend of growth. In 2007, the number was just 968

Versace ‘threats’ lead to complaint from lesser-known Versace licensee
Luxury fashion brand Versace has been sued by fashion company La Moda Italiana which is seeking a declaratory judgment of non-infringement following “threats and harassment” from Versace

In-N-Out files trademark suit against Smashburger over cheeseburger ad campaign
On Monday, August 30th, national fast food chain In-N-Out Burger filed a lawsuit alleging federal trademark infringement and other claims against fellow fast food chain Smashburger

Thailand’s IP office starts accepting sound trademarks
The Thai Department of Intellectual Property has begun accepting applications for the registration of sound trademarks

Mister Softee is no soft touch as suit against former licensee dismissed
Ice cream truck franchisor Mister Softee has reached a settlement with former licensee Carl Gallucci

Independent baker kneads a miracle in battle with Paul Hollywood
Both Hollywood and Croatian-born baker Anita Janusic want to use the name “Knead” for bakeries in London

Starbucks settles unicorn infringement charge with Brooklyn café
Multinational coffee company Starbucks has settled a dispute over the alleged infringement of a unicorn-themed drink

Taylor Swift seeks to trademark lyrics from ‘Reputation’ album
In late August, Swift’s marketing company TAS (Taylor Alison Swift) Rights Management applied to register the marks ‘Look what you made me do’, ‘Reputation’, and ‘The old Taylor can’t come to the phone right now’

International report – A trademark by any other colour: Cheerios™ and colour trademark requirements
Individual colours have been recognised as protectable trademarks by the Supreme Court since 1994

Wells Fargo and film company reach settlement in trademark dispute
The parties filed a joint stipulation for dismissal without prejudice at the US District Court for the Southern District of Florida, Miami Division, on Tuesday, September 5

NFL opposes trademark over Colts logo similarity
The National Football League (NFL) has challenged a trademark application which it claims is too similar to a logo used by the Indianapolis Colts, an American football team

International report – A trademark by any other colour: Cheerios™ and colour trademark requirements
Individual colours have been recognised as protectable trademarks by the Supreme Court since 1994

“POWERPOINT”, in spite of its extensive use and high reputation, is not a Generic Name and may be registered as a trademark
On November 30, 2011, MICROSOFT CORPORATION (MICROSOFT) filed an application for international registration of the trademark “POWERPOINT” covering computer services, cloud computing services etc. in Class 42 with territorial extension to China

A 12-year Battle against a Bad-faith Trademark Application
AKRIS PRET-A-PORTER AG (AKRIS AG), a famous Swiss fashion company, is the owner of a series of trademarks using the word AKRIS, including the International Registration No.637645 “PUNTO AKRIS” in Class 25 with territorial extension to China as early as 199

Court grants full protection of unregistered trademark by applying both Article 13.1 and Article 31 of Trademark Law
In a recent case, the Beijing High Court applied both Articles 13.1 and 31 of the 2001 Trademark Law to grant full protection over an unregistered trademark and clarified the assessment criteria of well-known status in the Internet industry



Federal Circuit to hear USPTO fees case en banc
The US Court of Appeals for the Federal Circuit will re-hear a case en banc relating to a rule that applicants dissatisfied with a decision by the Patent Trial and Appeal Board (PTAB) must pay the government’s fees

Hyundai accused of infringing 22 patentsThe complaint was filed by Michigan Motor Technologies at the US District Court for the Eastern District of Michigan on Friday, September

TomTom navigates patent infringement case to new venue
In July 2016, Smart Wearable Technologies sued TomTom for alleged infringement of US patent number 6,997,882, which relates to “subject monitoring device and method”

Board cannot shift burden of proving patentability to applicant, must articulate reasoning
Stepan appealed from a PTAB decision affirming the examiner’s rejection of claims 1-31 of the ?567 application

Qualcomm to appeal Seoul High Court competition ruling
Qualcomm has revealed plans to file an “immediate appeal” against a Seoul High Court ruling that denied Qualcomm’s request to stay an order issued against it by the Korea Fair Trade Commission (KFTC)

Nasdaq takes on rival exchange over patents and trade secrets
In a claim filed at the US District Court for the District of New Jersey on Friday, September 1, Nasdaq alleged that Miami International (MIAX) had hired at least 15 ex-Nasdaq employees so that it could “avoid incurring or reduce the risk, time and expense of independently developing its own trading technology”

USPTO files brief at CAFC supporting patent-infringing respondent Telebrands
For most of the nearly 250 years of the existence of the United States of America, our nation’s patent office has worked to issue patents that are defensible in federal courts and could be enforced to ensure that innovators profited from the disclosure of their invention to the U.S. federal government

Arent Fox Seeks Patent Agent or Staff Attorney for their Los Angeles or San Francisco Office
Arent Fox LLP is seeking a patent agent or staff attorney with 2-5+ years of experience in patent preparation and prosecution or drafting in telecommunication technologies for their Los Angeles or San Francisco office

LPKF secures patent win against Motorola in Germany
On Tuesday, September 5, the German court rejected a request for annulment from Motorola, thereby confirming the validity of the patent, according to a press release from LPKF.

A Patents as Property Rights History Lesson
When the Supreme Court hears Oil States v. Greene’s Energy, that a patent is private property affording the owner private property rights should be without question



YouTube-mp3 settles copyright suit with Sony and Warner
German website YouTube-mp3 (YTMP3), which has no relation to YouTube, has settled a copyright dispute with record labels including Capital Records, Sony Music and Warner Bros

‘Heads I win, tails YouLose’, says music coalition seeking fairer IP deals
Industry group the musicFIRST Coalition has announced the start of a new campaign and website to “unite music creators in support of their IP rights”

Buzzfeed at centre of another copyright dispute
New-York based photographer Gregory Mango accused Buzzfeed of using his image of Raymond Parker, a man who won a $50,000 payout from the New York Police Department after being rejected from a role for being HIV-positive



Illegal downloads of ‘Game of Thrones’ season 7 hit one billion
The seventh season of fantasy series “Game of Thrones” has been illegally pirated more than one billion times, according to Muso, a piracy monitoring company

Counterfeiters see social media as a haven, warns UKIPO
Counterfeiters see social media platforms as a “haven”, the UK Intellectual Property Office (IPO) has warned in its latest report

How to deal with online stores selling both genuine and counterfeit products
Some online infringers sell counterfeits mixed with genuine ones as a cover, which is not only an annoying problem but even becomes a real trouble to the brand owners

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