Tech London Advocates and The Law Society
This report sets out the key issues for legal practitioners to be aware of when advising on Distributed Ledger Technology (DLT). DLT provides a unique challenge to the protection of Intellectual Property Rights in part due to its distributed nature. The Intellectual Property section of the report evaluates how DLT will be treated by existing Intellectual Property Rights frameworks and raises the pertinent issues that should be considered by practitioners.
The Creative Industries Policy & Evidence Centre led by Nesta released the report on wave 6 of its study into the online habits of consumers following the COVID-19 Lockdown. The six waves of the study took place between 9th April and 20th May. The study builds on the IPO’s Online Copyright Infringement (OCI) Tracker Survey which has been carried out annually since 2012. The full wave 6 report is available here.
The Creative Industries Policy & Evidence Centre led by Nesta released a report (Wave 4 of 6) into Digital Culture – Consumer Tracking Study which is analysing the behaviour of consumers during April and May 2020 to better understand the impact of the COVID-19 crisis. The report for Wave 1 of 6, which includes the methodology, is available here (Wave 2 and Wave 3). The full report for Wave 4 of 6 is available here.
LEGO successfully invalidated an application for a UK trade mark featuring the word “LEPIN”. The mark was filed by Shantou Chenghai District Longjun Toys Factory Co., Ltd. The Toy Factory Co had filed a trade mark application for a square figurative mark that incorporated two Chinese characters and the word “LEPIN”. In the proceedings, LEGO demonstrated the practical steps it takes to ensure its brand value is not damaged or diluted by pretenders.
The US Copyright Office is reported in the NY Times (here) to have stated that the “Carlton dance” as popularised by the actor Alfonso Ribeiro, could not be copyrighted on the basis that it was “too simple”. Ribeiro was attempting to gain copyright in the dance move in parallel with the ongoing litigation against Epic Games.
In December 2017, Chanel Limited applied to register the trade mark CHANEL’S GABRIELLE in respect of goods in classes 9, 14 and 18. Gabrielle is the first name of CoCo Chanel, its founder. The application was partially opposed by Catherine Sidonio, based on the UK trademark registration for the mark GABRIELLE for various goods, including those in class 25. She claimed that the respective goods were similar and that the marks were similar, so much so that CHANEL’S GABRIELLE gave the impression of a collaboration between the parties.
HBO is the holder of 12 EUTMs registrations for the mark Game of Thrones in word and figurative forms, and it has already filed another eight applications this year. In hearings before the UKIPO, which took place in October and November last year, the production company opposed the registration of two different trade marks. The first application related to a figurative mark containing the words “Game of Vapes“, applied for tobacco products. The second application concerned a figurative mark including the phrase “Game of Stones“, registered for a Wadworth’s golden ale.
Intellectual Property analysis of the tennis industry in 2018. The real IP action was the design right in Serena Williams’ French Open outfit, the sponsorship implications for re-naming the grass court tournament at Queens Club and the trade mark issue of Roger Federer’s “RF” logo.
The Journal for Intellectual Property Law and Practice
Court of Appeal clarifies joint authorship criteria under UK copyright law – Journal of Intellectual Property Law & Practice, Volume 15, Issue 1, January 2020, Pages 7–9
Current intelligence article on the Court of Appeal decision in Kogan v Martin in which the criteria for joint authorship were clarified. The dispute between Ms Kogan and Mr Martin (and various film companies) regarding the authorship (or joint authorship) of the screenplay for the film depicting socialite Florence Foster Jenkins was granted a retrial following a decision by the Court of Appeal that included an explanation of the criteria for joint authorship under UK law.
Claridge’s Hotel puts out registration of trade mark by candle maker Claridge Candles – Journal of Intellectual Property Law & Practice, Volume 14, Issue 12, December 2019, Pages 929–931
Current intelligence article on the IPEC decision regarding Claridge’s Hotel and Claridge Candles in which Claridge’s Hotel was successful in its claim to prevent the sale of candles, but did have some of the registered marks in its portfolio cancelled.
Ministry of Justice
Blog post and interview on the use of the Court system: https://insidehmcts.blog.gov.uk/2019/06/07/a-solicitors-experience-of-court-security-at-hmcts/
Blake Morgan LLP (former law firm)
Yearly round up of IP news and views.
Selected intellectual property considerations for fashion label owners.
An examination of the Court of Appeal decision regarding the authorship of the screenplay for the film Florence Foster Jenkins which included an explanation of the criteria for Joint Authorship in copyright work.
Adidas was successful in defending its “Original” TM against a mark resembling a cannabis leaf.