On 22nd August 1851, a single schooner from the New York Yacht Club triumphed over half a dozen British yachts in a sailing race around this Isle of Wight. Queen Victoria looked on, and was reportedly not amused with the result. The winning yacht was awarded a silver jug, which became known as the America’s Cup. The ‘Auld Mug’ is the oldest trophy in international sport, and the 36th America’s Cup regatta is due to take place next month. The qualifying rounds are currently being raced off the coast of Auckland, New Zealand, and this patent attorney has been watching the action.
Insights: design protection
Retail sales have been steadily shifting online since web browsers were first created in the 1990s. Data from the UK’s Office for National Statistics shows us that “Internet sales as a percentage of total retail sales” increased from 6.8% in February 2010, to 11.7% in February 2015, to 19.1% in February 2020. With the COVID-19 pandemic forcing the UK into various stages of lockdown since March 2020, internet sales ballooned to a record 36.2% of all retail sales in November 2020.
The World Intellectual Property Organisation (WIPO) has recently launched a new service, WIPO PROOF, which can be used to apply a secure timestamp to a digital file. This timestamp can be used to prove that the digital file existed at a particular date. IP assets are increasingly being generated digitally during the innovation life cycle. In some cases, digital assets cannot be protected through conventional registered IP rights such as patents. In other cases, it is desired to keep digital assets as trade secrets. These situations can cause problems in legal disputes when there is a disagreement about the date that a digital file was created.
Will digital be the new norm for fashion brands following Covid-19 pandemic & how will this impact designers’ right to Community unregistered design protection?
With Covid-19 taking over 2020, fashion brands are having to come up with new and innovative ways to let the world know about their upcoming designs while adhering to social distancing rules due to the pandemic. Last Friday kicked off London Fashion Week’s first ever digital event, which includes live streams, visual lookbooks, interactive timelines and 360 degree photos and videos to show designers’ upcoming collections.So, has digital become the new normal for fashion brands to debut their new collections?
As of 3 January 2020, the Hague System is in force in Israel, Samoa and Vietnam. This means that applicants can now seek design protection in these countries in a Hague System application, and that applicants based in these three countries can now take advantage of the benefits offered by seeking design protection through the Hague System.
Registered Community designs (RCDs) and registered UK designs are used to protect the design of the shape and appearance of the whole or part of a new product. This article looks at a practical, real-life example of how a company has used registered designs to protect the design of a new product.
October was a bad month for shapes. Not only did the General Court confirm the cancellation Seven Town’s EU Trade Mark Registration for the 3D shape of its mind-boggling ‘Rubik’s Cube’ toy, the EUIPO’s Cancellation Division also declared Gibson Brands, Inc.’s Registration for a 2D depiction of the shape of its ‘Firebird’ or ‘Thunderbird’ guitars partially invalid.