Have a break ...
Fresh from fighting over the colour purple, chocolate makers
Nestlé and Cadbury have been back in court arguing about
the registration of a 3D trade mark for Kit Kat chocolate bars.
Nestlé applied for protection in the UK; and Cadbury
opposed the application.
Following a UK IPO ruling that the four-finger mark had
acquired distinctiveness at least for some goods, the case came
before Mr Justice Arnold in the High Court. In an opinion last
week, he seemed minded to side with Cadbury but decided that
the judges of the CJEU should be consulted on two unclear
aspects of EU law on 3D marks. Anyone know what their snack of
Qualcomm stocks up on HP patents
Qualcomm this week acquired a portfolio from Hewlett-Packard
of about 1,400 granted patents and pending patent applications
from the US and about 1,000 from other countries. The patents
cover technologies that include fundamental mobile operating
The company makes a lot of money from licensing patents. Its
licensing unit brought in $7.6 billion in revenue in 2013, or
30% its total sales. The firm said the acquisition of the HP
portfolio would "enable the company to offer even more value to
current and future licensees".
In a fizz
that Veuve Clicquot, the world’s second-largest
Champagne house, is not happy with an Italian winery called
Ciro Picariello, which sells a wine called Brut Contadino.
Veuve Clicquot is worried about confusion with its yellow-label
Champagne, and claims to have trade marks for the yellow colour
in the EU, US and Australia.
According to a report in The Drinks Business, the French
company is trying to resolve the matter amicably and has not
yet taken formal legal action. We look forward to seeing how
the parties will celebrate if and when they seal the deal.
Rockstar drops suit against Huawei
A consortium made up of Apple, Microsoft, BlackBerry,
Ericsson and Sony this week dropped a patent infringement claim
against Huawei. Rockstar Consortium in October had filed a
number of lawsuits against Huawei, Google and other Android
makers claiming they had infringed on patents the consortium
bought from Nortel for $4.5 billion.
Candy trade mark leaves bad
The computer gaming community was not impressed this week
when the USPTO accepted a trademark application from the makers
of mobile game Candy Crush Saga for the word "candy". The trade
mark includes games and software, educational services and
King Limited, the markers of the game, has asked other
developers to remove games with the word. It says it has a
trade mark for "candy" in the EU as well.
Gaming developers believe it is unfair to approve a trade mark
to a single word as common as candy. Other developers have 30
days to file an appeal with the USPTO to claim the trade mark
will affect their business. A group of developers are making as
many games as they can including "candy" to "fight trademark
trolling by making games".