Interview with Lexi Alexander Or Physical, As a Result of Any Statement, Fact Or Figure Contained in TBO
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AUGUST 2014 NEWSLETTER NEWS AND INTELLIGENCE FROM TRADEMARKS & BRANDS ONLINE HIGHLIGHTS IN THIS ISSUE: 5 MICROSOFT DROPS HINTS ABOUT INTERNET EXPLORER REBRAND 8 GOOGLE TRIUMPHS IN ‘GLASS’ UDRP 18 NEW EPISODES IN THE YOUVIEW SAGA Interview with 22 MUSIC COPYRIGHT: Lexi Alexander KEEPING IN TUNE Page 14 Founding sponsor: OTHER CONTENTS >> TBO Newsletter 08:14 EDITOR’S LETTER/CONTENTS 3 AUGUST 2014 A view from Hollywood NEWSLETTER As a Hollywood film director, not to mention former world karate and kick-boxing NEWS AND INTELLIGENCE FROM TRADEMARKS & BRANDS ONLINE champion, you might expect Lexi Alexander to adopt a combative approach to HIGHLIGHTS IN THIS ISSUE: 5 MICROSOFT DROPS HINTS ABOUT INTERNET online piracy. The reality, however, couldn’t be more different, for the German- EXPLORER REBRAND born, US-based Alexander admits sympathising with the unauthorised sharing of her (and others’) work online. Piracy, she says in this month’s industry report, 8 GOOGLE TRIUMPHS IN ‘GLASS’ UDRP has helped to promote her work, particularly the action film Punisher: War Zone. Despite taking such a controversial stance, she has a more nuanced view of the piracy problem. File-sharers are disenfranchised by Hollywood’s penchant 18 NEW EPISODES IN THE YOUVIEW SAGA for producing sequels, she claims, and are left with few options when films are unavailable for months in some countries after their legal release in others. The Interview with answer, she says, is to promote universal access to legal channels and work with 22 MUSIC COPYRIGHT: Lexi Alexander KEEPING IN TUNE the alienated file-sharing community. It’s not a new theory, but it’s striking when Page 14 it comes from someone as well-known as Alexander. Founding sponsor: Meanwhile, internet TV service YouView has come unstuck in two trademark OTHER CONTENTS >> TBOnewstandJuly2014.indd 1 21/08/2014 15:26 battles and, unless it can overturn a recent decision, is facing a costly rebrand. Trademarks & Brands Online is published by: We have Sharon Daboul of law firm EIP on hand to discuss the cases, the lessons Newton Media Limited Kingfisher House, 21-23 Elmfield Road, Bromley, to learn from them, and the potential new names for YouView, one of which is BR11LT, United Kingdom ‘Yooview’. +44 203 301 8200 Director Finally, we have a report on online copyright protection from John Illsley of Nicholas Lipinski Intangible Business, a brand valuation consultancy, and a selection of news from Publisher Peter Garner the past month. Telephone: +44 203 301 8217 Email: [email protected] We hope you enjoy this month’s newsletter. Managing editor Martin Essex Ed Conlon, Editor Telephone: +44 203 301 8211 Email: [email protected] Editor Contents Ed Conlon Telephone: +44 203 301 8210 5 News Email: [email protected] 5 Microsoft drops hints about Internet Explorer rebrand Sub-editor Ros Bromwich 5 Alibaba ‘counterfeiting army’ claims revealed Journalists 6 Warner Bros takes action over Dallas trademarks Leonie Mercedes, Max Walters 6 Premier League to target social media goal videos Editorial assistant David Brooke 8 Google triumphs in ‘Glass’ UDRP Consultant 8 Russian court hears VK.com piracy case John Haley Telephone: +44 203 301 8205 9 Tesco ordered to amend misleading Hobgoblin advert Email: [email protected] 9 Monkey ‘selfie’ has no copyright owner, says Wikimedia Production and design Fisherman Creative 10 Instagram launches Bolt app, ignores trademark concerns ©Newton Media Limited 2014 10 Music group demands ‘piracy’ block on sites in Austria All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted 12 Buffalo Bills group ends trademark dispute with Texas university in any form or by any means, electrical, mechanical, 12 Porsche loses .social domain to car enthusiast photocopying, recording or otherwise without the prior written permission of the publisher. 13 Altered Palestine image removed after copyright threat The views expressed in TBO are not necessarily those shared by the publisher, Newton Media Limited. 13 “Sue mums and dads” in piracy fight, Australian minister says Wishing to reflect the true nature of the market, we 13 Disney and BMW fakes among US customs haul have included articles from a number of sources, and the views expressed are those of the individual 14 Industry report contributors. No responsibility or liability is accepted by Newton Media Limited for any loss to any person, legal Interview with Lexi Alexander or physical, as a result of any statement, fact or figure contained in TBO. 18 Rebranding This publication is not a substitute for advice on a specific transaction. The publication of advertisements New episodes in the YouView saga does not represent endorsement by the publisher. 22 Music copyright Trademarks & Brands Online (TBO): ISSN 2049-2359 (Print) Cover image: Courtesy of Lexi Alexander Keeping in tune www.trademarksandbrandsonline.com 4 EDITORIAL PANEL TBO Newsletter 08:14 Safir Anand, Claudio Ingrid Edward partner, Annicchiarico, Baele, vice Chatterton, Anand & head of president, partner, Anand UK digital Philips DLA Piper operations, Intellectual Fiat Property & Standards Andy Elisa Cooper, Stuart Fuller, David Green, Churley, senior director of head of chief director communications, global digital marketing of product NetNames marketing, officer, marketing, KPMG Famous Four MarkMonitor Media Marie- Brett Heavner, Susan Kayser, Roland Emmanuelle partner, partner, LaPlante, Haas, head of Finnegan, Jones Day chief the internet Henderson, marketing committee, Farabow, officer,Afilias ECTA Garrett & Dunner LLP Igor Motsnyi, John Olsen, Flip Petillion, Adam Rendle, partner, partner, partner, senior Motsnyi Legal Edwards Crowell & associate, Services Wildman Moring LLP Taylor Palmer LLP Wessing LLP Kristina Bob Dan Smith, David Taylor, Rosette, of Samuelson, director partner, counsel, vice president and head of Hogan Lovells Covington & of sales and advertising International Burling LLP marketing, and LLP Donuts Inc marketing law, Wragge Stéphane David Weslow, Catherine Nick Wood, Van Gelder, partner, Wiley Wolfe, managing managing Rein LLP partner, Boult director, director, Wade Tennant Valideus Milathan With thanks to the members of the TBO editorial board. Contact Ed Conlon, the editor, for more information. www.trademarksandbrandsonline.com TBO Newsletter 08:14 NEWS 5 Microsoft drops hints about Internet IN BRIEF Explorer rebrand Employees at Microsoft have “passionately” people were passionately debating it. Plenty debated rebranding the Internet Explorer (IE) of ideas get kicked around about how we can web browser, an engineer who works on the separate ourselves from negative perceptions platform has revealed. that no longer reflect our product today.” During a two-hour web chat on August 14 After one user questioned why Microsoft on Reddit, the social networking and news decided to stick with the name, Sampson said: New marketing director website, engineers were questioned on a range “The discussion I recall seeing was a very recent of topics. one (just a few weeks ago). Who knows what the Apple hires digital One Reddit user asked whether Microsoft has future holds.” marketing head ever considered changing the name of IE. Several users chimed in with suggestions, Apple has hired ex-Nike and Burberry social Another added: “I‘ve always had this question including “The Internet”, before an unnamed media and marketing director Musa Tariq as in mind too. The IE name has been so widely employee seemingly joked: “We briefly it looks to boost its online presence. considered Ultron, but the lawyers said no.” denigrated that even if they make it the best He will take on the role as digital browser in the market, I think its reputation Ultron is a fictional character appearing in comic marketing director at the California- will affect the distribution and adoption of the books owned by publisher Marvel Comics. based technology company. browser very adversely.” Created in 1995, IE is now in its 11th edition. Apple is one of the few brands not to have In response, IE engineer Jonathan Sampson said: Once the most popular browser—at its peak in a dedicated social media page for the “It‘s been suggested internally; I remember a 2003 it accounted for 95% of the market—IE’s brand itself. It does, however, have Twitter particularly long email thread where numerous dominance has been eroded mainly by Google accounts for iTunes-related services. Chrome, now the market leader. It is not known whether Tariq will help If Microsoft rebranded IE, it would not be the Apple to launch its own dedicated social company’s first product to undergo a facelift this media page. year. In January it had to rename file-hosting Tariq was previously global senior director service SkyDrive to OneDrive following a of social media and community for Nike, trademark dispute with UK broadcaster BSkyB, and also spent three years as global No longer the no. 1 browser which successfully sued it for infringing the ‘Sky’ director of digital marketing at Burberry. trademark. n Alibaba ‘counterfeiting army’ claims revealed Claims that Chinese e-commerce company According to WSJ, Gucci and YSL claimed Further, it said, brands can struggle to have Alibaba Group allowed an “army of Alibaba’s shopping, marketing and payment counterfeit goods removed from Alibaba, counterfeiters” to operate across its platforms platforms “knowingly make it possible for an which takes on average between 10 and 15 have been revealed for the first time. army of counterfeiters to sell their illegal wares days to remove fake products from Taobao, throughout the world, including the US, and are The allegations were filed in July by Kering- if they are removed at all. compensated by the counterfeiters”. owned luxury goods brands Gucci and Yves Saint Despite the claims, Alibaba has been Laurent (YSL), but were sealed until August 7. They reportedly said that as of June the sale of commended recently for stepping up its counterfeit goods on many of Alibaba’s sites was anti-counterfeiting efforts.