News - McDaniels IP Solicitors | Intellectual Property Lawyers Newcastle

Markle not the Arche

Meghan Markle’s trade mark application for the word “Archetypes” has been refused by the United States Patent and Trademark Office (“USPTO”). The application was filed under Harry & Meghan’s audio-first production company Archewell Audio and has been provisionally refused on the grounds there is a “likelihood of confusion” with an earlier trade mark. Markle has […]

China NIPO side with EUIPO\’s decision on sustainability

The China National Intellectual Property Office recently issued new guidance on signs which are prohibited from being used as trade marks in that territory. The guidance was made in accordance with Chinese trade mark law which aims to prevent registration of signs which are contrary to public interest or order, the dignity of the state […]

Sustainability slogan not sustainable as trade mark

A recent decision of the General Court of the Court of Justice of the European Union has confirmed that a ‘green’ slogan will not be deemed acceptable for registration as a trade mark. Groschopp AG Divers & More tried to register a trade mark for “Sustainability through Quality” in various classes. Slogans can be protected […]

Reasonably Shady or still Slim's Shady?

Rapper Marshall Mathers, known professionally as Eminem has formally objected to a trade mark filed by Real Housewives of Potomac stars Gizelle Bryant and Robyn Dixon for the mark “Reasonably Shady”. The Real Housewives started a podcast called Reasonably Shady back in May 2021 which “features conversations about being fearless women”. The Housewives have since […]

China: use it or lose it

A draft amendment has been made to China’s Trademark Law which may require holder’s to certify their use of their mark every five years in order to keep their registration. Article 61 of the draft revisions states: “the trademark registrant shall, within twelve months after every five years from the date of approval of the […]

Dispute over live streaming music platform

The Performing Rights Society (PRS) recently issued legal proceedings against LIVENow, an online platform for the live streaming of music concerts. PRS, in words from its website, protects “the value of music by licensing music usage and collecting royalties globally for our members”. LIVENow is a music streaming platform which has hosted numerous successfully live […]

Vogue claim rapped up

Back in November, we reported on rappers Drake and 21 Savage who had been sued by global mass media company and publisher of Vogue magazine, Condé Nast. The claim was brought for alleged unauthorised use of Condé Nast’s brand name and trade marks. The rappers have reportedly settled the dispute with Condé Nast. No formal […]

Winnie the Pooh is Unbearable

The much loved and friendly childhood character, Winnie the Pooh, has turned sour in new slasher-horror film amid the expiration of his copyright period. In the United States, copyright is valid for 95 years (while only 70 in the UK), and for Winnie the Pooh’s creator, A.A. Milne, his estate’s ownership over the bear ended […]

Not Your Sunglass Corner

Photographer Cheryl Miller has filed a claim against artist Nate Ladson for alleged copyright infringement. The claim has been filed at a Copyright Claims Board tribunal in the USA. Cheryl Miller took the picture in Manhattan, New York back in 1980. The picture depicts four men standing outside of a shop window with the words […]

Landmark Victory for Hermes

Hermes have been awarded $133,000 (approx £109,603.00) in damages for trade mark infringement, dilution and cybersquatting of its famous Birkin handbag in a landmark victory. A jury in New York City returned the verdict last week meaning digital artist Mason Rothschild is liable for the infringement as a result of his MetaBirkin NFT’s. This decision […]

Red Bullies at it again?

Red Bull are the subject of more legal issues, this time with a small Sardinian wine maker Mattia Muggittu, the owner of Muggittu di Mamoiada, over the use of the wine makers new logo. 22 year Mattia Muggittu had just finished producing his first bottle of wine when he received a legal notice from energy […]

Battle of the Supermarkets: Continued

Back in November we reported on Tesco reviving part of its claim against German-owned supermarket Lidl. The trial is currently underway the High Court in London. Lidl have alleged trade mark infringement, passing off and copyright infringement whilst Tesco issued a counterclaim to cancel some of Lidl’s trade marks. The mark in question is a […]

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