Law and Innovation

It is not just a watch. It is a masterpiece of intellectual property (IP) rights. It is not just a revolutionary product. It is the next chapter in Apple Inc.’s story. Apple believes in technology designed for the wrist (such as a smartwatch), but also in a strong design patent protection strategy. To protect this wearable, as a result of their investment, Apple applied for and received several design patents. Every detail is protected: the drawer where the watches are shown, the bracelet, the “slide-in” interchangeable strap system mechanism, the digital crown, the display, the charger, the retail box, etc. Future innovations will however continue to copy this kind of consumer products and challenge the Courts. In this context, developing and/or acquiring intellectual property rights may create a solid foundation for growth and success. Indeed, a winning exploitation of IP assets, including but not limited to know-how, patents, trademarks, aligned with your passion for innovati...

For more than one hundred years, generations of FC Barcelona fans have witnessed amazing players wearing the famous Blaugrana shirt with garnet and blue vertical stripes. Adidas’s three-stripe mark is also particularly well-known among professional soccer players, fans, and consumers of soccer apparell. Over the years, the German company made headlines for filing a number of lawsuits in connection with its famous trademark; and this time, it’s against Futbol Club Barcelona! What’s the case all about? It’s not a secret, with football kit partnerships large sums of money are involved. On October 30, 2016, FC Barcelona ratified the record-breaking 10-year Nike kit deal, which is worth up to 155 million Euro annually from 2018. And guess what, the day after (on October 31) Adidas filed its opposition with the U.S. Patent and Trademark Office (“USPTO”). Coincidences of life or difference of opinion? Let’s take a closer look… Adidas has been for years (and still is) one ...

It's a good time to be a Star Wars fan! Not only the first new epic Lucasfilm 's spinoff Star Wars soon arrives in theaters (“Rogue One: A Star Wars Story”) but a new case involving Lucasfilm’s trademarks has been filed in California. The production company filed this action to protect against infringement of their intellectual property (IP) rights, including but not limited to their ownership of “Star Wars”, “Jedi”, “Lightsaber” trademarks, and the logo of the Jedi Order. Nearly 38 years after the original Star Wars movie hit the big screen, fans are still trying to use and feel the Force. Without success. In the meantime, Lucasfilm (owned by Disney) is engaged in the successful business of merchandising and licensing of distinctive characters and elements associated with their movies, and of course the protection of their IP rights. What’s the case all about? As you know, Lucasfilm owns several U.S trademarks, trade names, registrations, that incorporate and/or...

Let's celebrate! The Belgian Red Devils advance to Euro 2016 quarterfinals . Companies, marketers, and non-sponsors brands are now preparing for the next exciting in-house event, contest, etc. using the logos, mascots, signs, of the UEFA. But be aware of the limit of your rights to avoid a red card. It’s important to understand the rules of the game; no one needs the costs of a lawsuit for going offside. What are the risks? UEFA holds several registered figurative and word trademarks relating to this football tournament. These trademarks are protected at the European level offering the UEFA an unified system of protection throughout the 28 Member states. These trademarks are simultaneously protected in a very large number of other worldwide jurisdictions through the Madrid System. Among others: The word trademarks: UEFA EURO 2016 , EURO 2016 , UEFA , UEFA EUROPEAN FOOTBALL CHAMPIONSHIP ; The figurative trademarks: UEFA EURO 2016 FRANCE , the bid process logo, EURO 2...

Fresh and interesting article posted on the IPKat  about a 5 parallel stripes mark. The question at stake: Can the stripes, as placed on the side of the shoe (see below), immediately be apprehended as constituting an indication of the commercial origin of the goods concerned? Happy reading! "In its judgment of 4 December 2015 in case T-3/15 the General Court upheld OHIM’s assessment that the below mark lacks distinctive character and added some more pages to the history of position marks in Europe. In 2013, K-Swiss Inc., filed with OHIM an application for protection in the European Union of International Registration No 932758 (above depicted) in connection with ‘athletic shoes, namely tennis shoes, basketball shoes, cross-country and jogging shoes and casual shoes’, in Class 25. Both the Examiner and, on appeal, OHIM’s Second Board of Appeal refused registration of the mark on the basis of Art. 7(1)(b) of Regulation No 207/09.   The Board ...

Following an article on what startup should do in order to protect a mobile application idea (see here ), it may also be important for startup to register a trademark as a username on social media/networks websites such as Facebook, Twitter, Linkedin, Google+, Instagram, etc. Indeed, we are living in a world where the next Facebook, Google+ is about to come. Ello, for instance, the ad-free social networking service created by Paul Budnitz and Todd Berger in March 2014 could be the next one. If you don’t want a “competitor-user” stealing your username and misusing your brand, you should be the first to secure and reserve it; and read this article! Ello's  smiley face logo Let’s start with a crazy scenario. You just graduated, have a brilliant idea that’s solving an important daily problem, and are one of the best startups ready for the battlefield at the next TechCrunch Disrupt in front of a panel of expert judges, press, and an online audience of millions. Fantastic! Wha...

Fresh and interesting article posted  on Trademarks & Brands Online about the continuing debate on Google passive or an active role when offering its online advertising service, AdWords, service that places advertising copy at the top, bottom, or beside, the list of search results Google displays for a particular search query. Happy reading! "Being visible on the internet is crucial for many companies. The main goal is to be ranked at the top of the first page, either through natural referencing (which uses coding techniques) or sponsored links. As Google is the world’s biggest search engine, its AdWords advertisement service is at the heart of this issue and has also raised major questions concerning trademark protection. These sponsored adverts appear either on the top or the right side of the so-called natural search results. It is thought that the AdWords system is Google’s main source of revenue. This success of the advertisement platform may explain why Amazon an...