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Intellectual Property News

The latest updates and breaking news on Intellectual Property from around the world
Rubik's Cube Trade Mark a Real Puzzle for the Courts

Rubik's Cube Trade Mark a Real Puzzle for the Courts

Jun 10, 2016
The owners of the Rubik's Cube look set to lose the EU trade mark they hold over the 3D shape of the puzzle following a recent Advocate General (AG) opinion which confirmed that th...
Sampling Set to Come into 'Vogue' Following Success for Madonna in Copyright Claim

Sampling Set to Come into 'Vogue' Following Success for Madonna in Copyright Claim

Jun 7, 2016
In the US, Madonna has successfully defended a claim of copyright infringement relating to the song Vogue. The claimant, VMG Salsoul LLC, alleged that a fraction of a second (0.23...
Kraft-y-werk by Producer Avoids Copyright Infringement Claim

Kraft-y-werk by Producer Avoids Copyright Infringement Claim

Jun 6, 2016
German electro-pop heavyweights, Kraftwerk, have failed in their attempt to prevent a rapper using a two-second sample of music from their hit, Metal auf Metal. Originally formed ...
Louboutin Trade Mark Rejection - 'Shape' Question Referred to CJEU

Louboutin Trade Mark Rejection - 'Shape' Question Referred to CJEU

Jun 6, 2016
We recently reported on the rejection by the Swiss Federal Institute of Intellectual Property of a trade mark application by Christian Louboutin following news that the Swiss Feder...
Swiss Court Shines a Light on Positional Trade Mark Criteria

Swiss Court Shines a Light on Positional Trade Mark Criteria

Jun 2, 2016
German company Zweibrüder Optoelectrics has been refused trade mark protection in Switzerland following its application covering the size and positioning of holes in the end of a l...
Cigarette Manufacturer Trade Mark Appeal Goes Up in Smoke

Cigarette Manufacturer Trade Mark Appeal Goes Up in Smoke

May 25, 2016
The EU General Court has dismissed an appeal against the rejection of an application to register both the figurative mark and word mark "MARK1" (Marks) in classes 9 and 34 for ciga...
Sweet AROMA for Applicant in Trade Mark Appeal Decision

Sweet AROMA for Applicant in Trade Mark Appeal Decision

May 17, 2016
A decision of the EUIPO Board of Appeal has been declared invalid by the EU General Court in relation the word mark "AROMA". Background Mr Peter Chung-Yuan Chang ("applicant") ap...
Cadbury Left Feeling Purple in Trademark Ruling

Cadbury Left Feeling Purple in Trademark Ruling

May 16, 2016
We have previously covered recent case law the long-running legal battles between Nestle and Cadbury. Our article on Cadbury's successful opposition to Nestlé's application for a t...
Directors Defence Blown Apart in Trade Mark and Passing Off Claim

Directors Defence Blown Apart in Trade Mark and Passing Off Claim

May 12, 2016
A company director has been found jointly liable for trade mark infringement and passing off in claim brought about by a company specialising in sports performance and nutrition. ...
Toys and Sports Articles Lacking in Similarity in Trade Mark Decision

Toys and Sports Articles Lacking in Similarity in Trade Mark Decision

May 11, 2016
On 14 April 2016, the European Court of Justice (ECJ) dismissed an appeal to set aside a decision of the EU General Court (EUGC) made in July 2015 in relation to the registration o...
Universal Music and Capital Records Clip the Wings of IFP in Copyright Infringement Case

Universal Music and Capital Records Clip the Wings of IFP in Copyright Infringement Case

May 5, 2016
Inflight Productions (IFP) and its parent company Global Eagle provided inflight entertainment services to American Airlines (later US Airlines).   In a recent decision they were f...
Washington Redskins on the Offensive in Trademark Dispute

Washington Redskins on the Offensive in Trademark Dispute

Apr 27, 2016
National Football League club the Washington Redskins have filed an application in the Supreme Court of the United States asking the Supreme Court to hear the club's high-profile t...
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