Fashion Nova, Drake and THC, the expensive side of piracy

Submitted by leslynowak on Tue, 12/03/2019 - 13:25
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Good and cold morning everyone. As Christmas is getting closer, you can expect more Christmas oriented IP news as well as videogame talks. Now, onto this week’s news.

Versace vs. Fashion Nova

It was only a matter of time until someone came after Fashion Nova (FN). Just as we have makeup brands selling dupes of the most famous palettes, you also have fashion store specialized in being inspiring by the most famous designs out there. Versace has decided to take the matter to court, based on copyright, trade mark and trade dress infringement. Indeed, in a side by side photo comparison compiled by our colleagues from The Fashion Law you can see that FN has drawn more than inspiration from Versace when it came to creating its own dresses.

Source: The Fashion Law

Not only that, but FN apparently also uses Versace’s trade marks, including its brand name, without authorization on its website in order to attract more traffic to it (Google search engine things) therefore using Versace’s reputation to its advantage. Let’s see how this turns out for both brands.

Piracy IS expensive

Not only it is expensive for the creators, but it might end up being quite expensive for the infringers… As an illustration, take this case in the US where the man behind pirate websites ended up being caught and heavily sanction, both for piracy infringement but also for tax evasion. Apparently, mr. White (the infringer, not related to Breaking Bad) earned more than 4.4 million $ between 2013 and 2017, never paying any taxes on that income, and now owing the sweet amount of 1.9 million to the US tax authorities. Final penalties? He has consented in: $3.9 million seized from his bank accounts, $35,000 in cash, cryptocurrency worth around $424,000, plus his home in Oregon. On top, he must pay $669,557 in restitution to the MPAA and $3,392,708 in restitution, which includes penalties and interest, to the IRS.

Is it worth taking the risk?

Drake taking it too far?

Drake filled for trade mark protection in the US in an attempt to trade mark in its name Canada’s warning label for marijuana. The main reason? No, it’s not because it belongs to Canada but because the sign actually bears the word “THC”. Therefore, the application was refused, mainly, on the grounds that this name can be confused with others (there is a company that already owns the “THC” label), it lack distinctiveness and, mainly, the trade mark cannot be used to sell federally illegal goods. As you know, under US state law, Marijuana is illegal. The confusion comes from the fact that at federal level, States can authorize Marijuana commercialization, only within the boundaries of that State (for example, California). If you want to know more about trade mark and Cannabis, check our article!

 BMW sued over patent infringement

Paice is a company specialized in high voltage method to power gas-electric hybrid motors. As such, and in the rise of clean technologies, the company has been offering big automobile manufacturers access to its technologies, but not for free. As a good salesmen, they presented their motors and how they could benefit car manufacturers. Apparently, after learning everything they could from Paice Llc., BMW decided to use this knowledge in several of its hybrid cars. As such, Paice is now filling for patent infringement. A situation that is not estrange to the company, as it already had some downfalls with Ford, Toyota, Hyundai and Kia who finally paid Paice for a license to access its technology. The same will probably happened now with BMW.

 And this is all for this week. Bellow find two interesting readings. Have a great week!

Interesting links: