FedEx, LVMH/eBay, TM surveys, universities and Chubby Checker – the week in IP

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

FedEx, LVMH/eBay, TM surveys, universities and Chubby Checker – the week in IP

Settlements between LVMH and eBay and between Chubby Checker and HP, new life for trade mark surveys, Fed Ex in the dock and the universities with the most US patents – some of the IP-related news you may have missed this week

fedex20logo.png FedEx and the fake pharmacies

Courier company Fed Ex will be in court in San Francisco next week, after it was indicted by a Grand Jury on charges of conspiring to traffic in controlled substances and mis-branded prescription drugs on Thursday. It is specifically accused of delivering goods for illegal online pharmacies such as the Chhabra-Smoley Organization and Superior Drugs.

Safemedicines.org said FedEx “now faces upwards of $820 million in fines for their alleged role as a fake online pharmacy courier” while NBC News reported that the company said it “will defend against this attack on the integrity and good name of FedEx and its employees”.

eBay and LVMH settle

ebay100.jpg

A legal battle between luxury goods company LVMH and internet retailer eBay that dates back more than six years has been settled, according to Marketing Magazine. In a short statement, the two companies announced “a cooperative effort to protect IP rights and combat counterfeits in online commerce” promising that consumers will enjoy a safer digital environment.

Details of the agreement were not published. The history of the litigation between the parties up to that point was reported by Managing IP in May 2012.

New life for trade mark surveys

enterprise-car-logo.jpg

Many thought it was dead, but the survey in UK trade mark litigation may have been saved from extinction, following a judgment this week in a case between Enterprise Holdings and Europcar concerning infringement of a trade mark for a stylised letter E on a green background. After hearing evidence from both sides, Mr Justice Morgan ruled that Enterprise could bring survey evidence in the trial.

On the IP Kat blog, Aaron Wood noted that the judge “made a number of significant comments on the admissibility of survey evidence, as well as making findings on the validity of the survey itself”. However, readers of this blog will recall that Appeal Court judges are even more sceptical about surveys than their junior counterparts are, so if Europcar chooses to appeal then this may not be the end of the story.

Top universities in US

Tsinghua University is the only non-US institution to feature in the top 10 universities granted US patents in 2013, according to figures compiled by the IPO and reported by Kevin Noonan on Patent Docs. The Chinese university ranks third, with 193 patents, behind the University of California (399) and MIT (281). Stanford, the University of Texas, WARF, the California Institute of Technology, Columbia University, Georgia Tech and the University of Michigan complete the top 10. Of the top 100, 62 are US universities, and 18 are Chinese.

Check-mate

checker-chubby-150.jpg

Finally, we couldn’t complete this week’s roundup without mentioning the settlement of litigation between Chubby Checker (left) and HP. The singer had sued the computer company for using his trade marked name on an app that purported to estimate penis size based on shoe size. HP have agreed not to use his name, likeness or related trademarks, though other details of the settlement are confidential.

The world of IP never ceases to surprise.

Other blog posts published this week:

A tale of sports stars, rappers and lawyers

Brüstle debunked

Real-life lessons in open innovation and IP

Not so influential now – UK replaces IP minister

Also on Managing IP this week (subscription or trial needed for full access):

Demand letters bill last hope for patent reform this Congress

Bombay High Court upholds Nexavar compulsory licence

Fox may be forced to rebrand Glee TV show

IP’s most influential people 2014

Alice already influencing USPTO and Federal Circuit

Ukrainian crash claims NautaDutilh’s John Allen

more from across site and SHARED ros bottom lb

More from across our site

The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
Gift this article