Trade mark exclusive

Submitted by leslynowak on Tue, 10/29/2019 - 11:28
 
news

Good day!

I hope autumn is treating everyone right. Time for our weekly update.

Beyoncé vs. Wedding planner

On one hand, a wedding planning company who is the owner, in the US, of the trade mark “Blue Ivy Events” since 2012. On the other hand, Beyoncé trying to register her daughter’s name (Blue Ivy Carter) as a trade mark for multiple classes (food, baby apparel, books, cosmetics…). The wedding planning company is therefore opposing to Beyoncé registration application on the grounds that:

  • Beyoncé’s application infringes their trade mark
  • Beyoncé has no intention of using said trade mark in commerce (referring to an interview she gave to Vanity Fair in 2013).

Beyoncé is contesting these allegations by arguing that there is no likelihood that consumer will confuse Blue Ivy events, a wedding planning event business, with Blue Ivy Carter, which by using “Carter” creates a clear distinction from the wedding planning business.

This dispute will most likely end up in an out-of-court settlement.

McDonald vs. Canadian burger owner

The owner of a small Canadian burger from Edmonton was selling a fish burger named “Effing Filet O’ Fish”. McDonald, apparently found out and sent the owner a cease and desist letter requiring him to rename his product, since this name infringes McDonald’s trade mark (for its famous Filet O' Fish) and might cause confusion amongst the consumers (very unlikely). Very funnily, the Canadian owner found a (maybe unorthodox)  solution and rename his fish burger “McEffing Fish Filet”. Let’s see what is McDonald’s next move.

Confirmed cancellation of Rubik’s cube 3D trade mark

Back in 1999, Rubik’s Cube was registered as a trade mark. Simba, a toy maker, filed opposition to have the trade mark cancelled, opposition that was rejected back then. However, after years of legal battle and bringing the discussion up to the CJEU, Rubik’s trade mark was finally cancelled in 2017. Now, 2019, and after the owner of Rubrik’s right filed an appeal, the General Court of the EU confirmed the cancellation of said trade mark. Why? Simply put, because Rubrik’s cube shape “consist exclusively of a shape necessary to obtain a technical result". Translation, the way in which Rubrik’s cube is shape is necessary to allow people to play the jigsaw.

Disclaimer: the decision of the GC in this case, is actually more thorough and complicated. As such, it might be better to reserve the topic for a big blog post on design and trade mark protection!

As for the interesting readings of the week, the top 10 most pirated movies of the week, brought to you by TorrentFreak, with “The Lion King” leading the classification.

That is all for this week’s news. See you next week!