Marvel fights against BlackBerry because of ‘Jarvis’

iron-man-933709_960_720.jpgMarvel filed an opposition against a BlackBerry’s attempt to register a trademark for ‘Jarvis’ in class 42 in the US.

As it is well-known ‘Jarvis’ is a character, an AI software assistant to Toni Stark, another character from the “Iron Man” comics and movies.

Marvel is the owner of an earlier trademark ‘Jarvis’ registered in class 9:

Computer application software that may be downloaded via global computer networks and electronic communication networks for use in connection with mobile
computers, mobile phones, and tablet computers, namely, software for use as a
voice-controlled personal digital assistant.

According to the company, there is a significant chance for consumer confusion between both marks because of the reputation of its trademark which has been gained throughout the years in connection with Marvel movies and different merchandising activities such as Lego own movies, video games, etc.

This case is intriguing by its own. On one hand, we have a registered trademark for a name which is used as a character in comics and movies. On another hand, there is an attempt for registration of the same mark but for another class of real services. The question here is whether the use of a trademark as a character is enough in order to stop such following applications. Yes, merchandising use, especially for video games, is a point in the right direction but it is interesting to what extent a reputation connected to a fictional character for software can be useful to stop identical signs for real software in the real world.

Source: WIPR (Marvel hits out at BlackBerry over ‘Jarvis’ TM)

 

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Global Innovation Index 2019

gii_2019_1200.jpgWIPO published its Global Innovation Index for 2019. Switzerland was ranked as the most innovative nation in the world followed by Sweden and the US. The rest of the countries in the top 10 are Nederland, Finland, the UK, Singapour, Germany, Denmark, and Israel.

Bulgaria is ranked 40 which is three places behind the last year’s position. More data for the country can be found here.

More information regarding this index you can found here.

Tommy Hilfiger failed to register its flag as a copyrighted work in the US

pexels-photo-1345082.jpegTommy Hilfiger failed to register its flag as a copyrighted work in the US. The US Copyright Office refused to register the following image:

Picturew1

According to the company, this flag was sufficiently original due to the fact that its representation combines the letters T, J, and H which stems from the name Thomas J. Hilfiger and three colors. Apart from this, the red rectangle element means “Going home” from a voyage.

The Office disagreed with these claims stating that the work is not original enough in order to be registered. The aforementioned combination of colors and shapes is standard and “exceedingly common for flag designs”. There wasn’t sufficient creativity in that regard. What the author of the work wants to convey as meaning is irrelevant for the originality of the work according to the US copyright case law:

“A work may be complete rubbish and utterly worthless, but copyright protection may be available for it, just as it is for the great masterpieces of imaginative literature, art and music. A work needs only be “original” in the limited sense that the author originated it by his efforts rather than slavishly copying it from the work produced by the efforts of others. (Mummery LJ, [31]). “

Source: IPKat.

Huawei files trademark applications for its new HongMeng OS

technology-3033809_960_720.jpgAs it is well-known the Chinese tech company Huawei has serious problems recently in the light of the trade conflict between The US and China. After a decision by Donald Trump, many US companies were been pushed to limit its work with Huawei.

One of those companies is Google which has announced that the Chinese company won’t be able to use its Android OS in the future. That’s why Huawei considers launching a new replacement OS for its smartphones called HongMeng.

Because of this Huawei has filed many trademark applications for that name in different countries around the world such as The UK, Norway, Switzerland, The EU, Philippines, etc. The US, however, is not one of them so far.

MLS and David Beckham attacked Inter Milan in The US

football-1406106_960_720.jpgThe US Major League Soccer (MLS) filed an opposition against a US trademark application for INTER owned by the Italian football club Inter Milan for classes 9, 18, 21, 24, 25, 28, 41.

The main ground for this opposition was lack of distinctiveness and descriptiveness of the word INTER in relation to the football goods and services.

MLS started this proceeding because of its plans for the new Inter Miami football club, which will start playing in the league in 2020. The president and one of the shareholders in this club is David Beckham.

According to the trademark law in The US and around the world, the trademark owner has the right to use the mark, dispose of it and to prohibit third parties of using it.

In light of this, MLS considers the word INTER as not distinctive for the reason of which it has not to be monopolized by any sport club bearing in mind how many clubs use it such as Inter Turku, Inter Leipzig, Inter Baku, Inter de Grand-Goave, NK Inter Zapresic, Inter Moengotapoe, Inter de Luanda. Inter Club d’Escaldes, Inter Atlanta FC.

It is highly likely that this opposition will be successful but for goods and services which regard football as a sport. For those of the goods and services, however, where INTER has inherited distinctiveness, the trademark can be registered which at least will give some merchandising advantages to Inter Milan.

Most likely there will be negotiations between the clubs.

Source: SI.com.

GRAND CANYON was refused as a trademark in Japan

horseshoe-bend-page-arizona-colorado-river-86703.jpegThe Japanese Patent Office refused to register as a trademark the phrase  GRAND CANYON  for class 25 – clothes, shoes etc.

The reason behind this decision was the fact that according to the law in Japan and many other countries, signs that indicate a geographical origin in regard with the relevant goods and services are not allowed for registration as trademarks.

In the case at hand, GRAND CANYON  is a well-known US national park, recognized by UNESCO as a World Heritage Site.

What’s more, GRAND CANYON is famous with all sorts of merchandising products known and purchased by consumers around the world, including those in Japan.

From that perspective, it is highly likely consumers to perceive it in connection with the US national park than as a trademark sign.

Source: Masaki MIKAMI, Marks IP Law Firm.

USPTO’s position on Alice/Mayo implementation

flag-1291945_960_720The USPTO published its new guidelines on the eligibility of subject matter in patent applications.

With these guidelines, the USPTO gives some important clarifications on the implementation of the first step of the US Supreme Court’s Alice/Mayo test. There are two main changed in that regard:

  • First, in accordance with judicial precedent and in an effort to improve certainty and reliability, the revised guidance extracts and synthesizes key concepts identified by the courts as abstract ideas to explain that the abstract idea exception includes certain groupings of subject matter: mathematical concepts, certain methods of organizing human activity, and mental processes.
     
  • Second, the revised guidance includes a two-prong inquiry for whether a claim is “directed to” a judicial exception. In the first prong, examiners will evaluate whether the claim recites a judicial exception and if so, proceed to the second prong. In the second prong, examiners evaluate whether the claim recites additional elements that integrate the identified judicial exception into a practical application. If a claim both recites a judicial exception and fails to integrate that exception into a practical application, then the claim is “directed to” a judicial exception. In such a case, further analysis pursuant to the second step of the Alice/Mayo test is required.

For more information here.