IPR NEWS – WEEKLY UPDATES FROM 4th JUN – 9th JUN

Jack Daniels Vs. Bad Spaniels

Bad Spaniels is a dog toy maker based in Arizona, USA. As a part of their Silly Squeakers line of products, Bad Spaniels manufactures toys that mimic liquor, beer, wine and soda bottles. One such production was a parody of the acclaimed Jack Daniels Whiskey. Jack Daniels argued that the toy misleads customers, causes confusion and as a result leads to tarnishing the hard-earned goodwill of the brand. The US Supreme Court considered factors such as likelihood of confusion and up to what extent of similarity can be considered humorous or parody and ultimately ruled in favour of Jack Daniels, serving a reminder of how important it is to protect trademarks and highlighted the need to balance intellectual property with respect to freedom of expression and creativity.

BATMAN WINS! EU dispute

Batman scores yet another win! Just not among villains but against a trademark lawsuit. Italian clothing retailers attempted to annul the trademark for clothing and carnival items. DC Comics on the other hand had registered the Batman logo under EUIPO almost two decades ago. The court stated that “the mere fact that that trade mark is associated with a fictitious character, that is, Batman, does not, in itself, make it possible to rule out that that trade mark can also serve as an indication of the origin of the goods in question.” This ruling secured another win for Batman outside of Gotham City.

Boeing accused of theft of trade secrets from NASA

Aerospace giant Boeing has been accused of stealing from NASA. Wilson Aerospace sued Boeing for stealing trade secrets for NASA’s Space Launch System (SLS) which could have led to leaks in the international space station. Wilson had accused Boeing of utilising their intellectual property without proper instructions, also claimed that this could have led to dangerous leaks that delayed the launch of a particular Rocket.

Dua Lipa’s ‘Levitating’ wins again

Dua Lipa, the pop sensation recently won in court against a copyright infringement lawsuit. The lawsuit alleged that the song ‘Levitating’ had copied elements from a 2017 song ‘Live your Life’ by Florida Reggae Artikal Sound System. Though the court dismissed the lawsuit filed against Dua Lipa, the one filed against DaBaby the artist who featured on the song ‘Levitating’ is still in motion. It is pertinent to mention here that there are other copyright infringement lawsuits against pop star Dua Lipa for copying elements from multiple songs. But this does not seem to stop the singer from giving out hit music.

Vivo, Oppo and OnePlus lost to Nokia on German ground.

Vivo, Oppo and OnePlus lose to Nokia in patent lawsuits following which Vivo has temporarily halted all sales as it was accused of infringement in essential 4G standard patents (SEPs). Nokia proceeded to win a 5G patent lawsuit against both Oppo and OnePlus, demanding a $2.54 charge for every phone produced as compensation to resume sales in Germany.

Samsung patents new technology

Samsung patents new automatic calorie tracking technology. The new technology will utilize an LED and a spectroscope to measure which wavelengths of light that are emitted, absorbed and reflected off the skin to measure the number of calories that a person consumes. Regular smart watches track the number of calories burned based on heart rate, but Samsung’s new technology vouches to track the total number of calories consumed by a person. If this technology works it would lead to a more precise and accurate calculation of consumption of calories unlike current unreliable methods.

Patent trolls

Recently Shopify filed a motion against patent trolls. Patent trolls are shell corporations that own a vast portfolio of patents and they usually file multiple patent infringement cases every year against companies that cannot afford to fight a legal battle and they end up paying a hefty licence settlement. Shopify has filed a motion to expose such shell corporations that keep filing for patent infringement against its inventors.

Gaps in NZ law led to Australia’s win in a trademark war

Gaps in New Zealand’s IP law has led to Australia winning a long drawn trademark battle. The case was decided by the Intellectual Property Office of New Zealand (IPONZ), centered on whether the term ‘Manuka Honey’ should be registered in the name of the Manuka Honey Appellation society as a certification trademark in New Zealand. Winning this case would have let Manuka honey producers use the word ‘Manuka’ as a certification on the products manufactured by them. Honey producers in Australia opposed this move and have currently obtained an order in their favour on the grounds that the term MANUKA was not distinctive and did not have the requisites to qualify as a Certification mark. This win would have led to a clear distinction between the honey produced in Australia and that by the Māori in New Zealand. 

Google makes universal Trademark Policy Development

Google will consider trademark complaints against specific advertisers and ads. The Google Ads Trademarks policy has made changes from all ads that can be restricted from using trademarked material, which has led to industry wide blocks, causing major problems for advertisers. Google hopes its new policy will reduce these issues and give advertisers clarity and transparency and allow Google to address advertisers trademark questions quicker.

Patagonia settles Trademark dispute with Gap

Patagonia issued a lawsuit against Gap that prevents them from infringing and misusing Patagonia’s famous trademarks and trade dress. The lawsuit also claimed that Gap willfully copied Patagonia’s original designs and logos causing damage to the brand. Though the lawsuit has now been settled, both parties refused to disclose the settlement terms.