News - McDaniels IP Solicitors | Intellectual Property Lawyers Newcastle

Disney World not for everyone

Social Media influencer and online retailer Christopher Martin has been banned from Disney World. Martin livestreamed the ordeal, which showed an Orange County Sheriff’s officer explaining to Martin that should he find himself on Disney’s property again, he will be arrested. Martin has used this video as an advertisement for his online retail store to […]

TikTok Nearly Stitched

Stitch Editing Limited (“Stitch”) have faced a blow in its claim of trade mark infringement against social media platform TikTok. Stitch is the proprietor of a registered trade mark at the United States Patent and Trademark Office for the mark “STITCH EDITING” and claim the rights in the unregistered mark “STITCH” under common law. Stitch […]

Artificial Intelligence and Trade Marks

Trade marks have not escaped the rise in commercial use of artificial intelligence. Australian tech company GeneriTrend recently launched a new AI tool which compiles and reviews huge amounts of data to produce analysis on whether a particular mark or word is likely to be considered too generic to be registered as a trade mark. […]

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 […]

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