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

This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
The introduction of Canada’s patent term adjustment has left practitioners sceptical about its value, with high fees and limited eligibility meaning SMEs could lose out
With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
Gift this article