Nintendo, accession to international treaties, Skechers/Nike, and Banksy

Submitted by leslynowak on Tue, 10/08/2019 - 13:09

Another busy week for the world of IP. We wish you a very good start of the week.

Nintendo is still busy

As reported in the previous weeks, Nintendo is an active player in the fight against piracy.  The latest relates to a remake of its most famous ape “Donkey Kong” developed by a Sydney based company named Neap. Although they developed the source code from scratch, and from their own copyright notice, the visual and the audio of the game were, undeniably, taken from the original Kong. Nintendo proceeded to send a copyright complaint to the hosting platform of the game who then proceeded to take down the infringing creation.

International treaty signing

We have to report on the accession of new countries to a number of international treaties:

  • Malaysia joined the Madrid System, enabling a simplified procedure for international trademark registration.
  • Venezuela acceded the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired or otherwise print disabled.
  • New Zealand also joined the Marrakesh Treaty.
  • Trinidad y Tobago joined the Beijing Treaty (regarding IP rights of performers in audiovisual performances); the Singapore Treaty (that seeks to achieve harmonization of administrative trademark registration procedures); and the Marrakesh Treaty

Congratulations to the new members!

Banksy’s final bold move

You might be familiar with the obligation to use your trademark: if a trademark is not used within five years of being registered or if, subsequently, it has not been used for five years, then third parties can seek cancellation on the grounds of non-use. Facing a greeting card company who is now contesting the validity of his trademark, the controversial artist has been forced to open a store to exhibit the items that will be sold via his website. Therefore, to defend its trademark, Banksy has been forced to start producing his own range of products, that will go on auction this Thursday.

Apple and its new emojis

On one side, Social Technologies a company that created an app called “memoji”, name that was registered as a trademark before the US Patent and Trademark Office (USPTO). On the other side, Apple who recently launched its own emojis, calling them “memoji” and improperly stating that they own the memoji trademark (by including it in the Apple Trademark List), as well as improper use of the ® symbol next to the trademark (it seems that the list has been modified since then and they are now using the symbol ™). Social Technologies seeks to prohibit Apple the use of the registered symbol in connection with “memoji”, prohibit Apple to use the trademark or any version of it, as well as monetary damages.

OAPI joins TMview

The African Intellectual Property Organization’s trademark data is now available to the TMview search tool. This means that, when performing an availability search, this tool will also include registered trademark before OAPI. We welcome this expansion.

Nike vs. Skechers

Nike is going after Skechers for Skechers’ inappropriate business strategy. Indeed, it seems that Skecher has taken a habit to create and manufacture their own version of Nike’s latest launches. This refers to a repeat infringement within the United States from Skechers to copy not only the designs of Nike new shoes but also the patents behind some of its shoes. We will keep you updated on the case, in the meantime a capture from Nike and Skecher’s websites for you to compare:

This is all for this week! See you next week!

Interesting links: