Shinsegae Ends BTS Trademark Battle; Panda Express Challenges Panda Libre; Philippines and Laos Forge IP Cooperation

The longstanding trademark conflict between Shinsegae Corporation, a major South Korean department store operator, and BigHit Entertainment, the agency behind the globally renowned K-pop group BTS, has concluded with Shinsegae withdrawing its trademark claims. Shinsegae had sought to register the acronym BTS for clothing goods and services since 2017, asserting it represented its clothing brand 'BOON THE SHOP.' Despite initial refusals by the Korean Patent Office and subsequent appeals, Shinsegae faced growing backlash from BTS fans. The company ultimately announced it would surrender all trademark rights related to BTS, expressing support for the band and its cultural influence.

In the United Kingdom, retail sales experienced their first decline in 24 years, according to a KPMG study reported by The Guardian. Total sales fell by 0.1% in 2019, with a 0.9% drop during the critical November-December period. This downturn coincided with a 2.6% increase in online sales, reflecting a broader shift toward e-commerce. The study also noted numerous high street store closures, including brands such as Karen Millen, Coast, and Forever 21, underscoring challenges for physical retail and anti-counterfeiting efforts.

The International Trademark Association (INTA) opened registration on January 8 for its 142nd Annual Meeting, scheduled for April 25-29, 2020, at the Sands Expo and Convention Centre in Singapore. This marks the first time INTA hosts its annual meeting in Southeast Asia and the second time in Asia, following the 2014 event in Hong Kong.

In fashion industry news, streetwear brand Chinatown Market has gained attention for apparel featuring logos of established luxury and sports brands such as MCM, Nike, and Prada. Despite the use of these labels, the brand has thus far avoided legal challenges and has collaborated with companies including Crocs, Converse, Cole Haan, and Asos. The evolving stance of rights holders toward such artistic appropriations remains to be seen.

Chinese technology company Xiaomi has filed a trademark application in India for its laptop brand 'RedmiBook,' signaling an expansion into the Indian laptop market alongside its existing technology offerings.

In the United States, fast food chain Panda Express issued a cease-and-desist letter to Panda Libre, a Mexican-Asian fusion restaurant in Arizona, alleging trademark infringement. Panda Express had registered the mark PANDA for Chinese restaurants in 2001 and expanded the registration to cover all restaurant services on May 31, 2019, shortly after Panda Libre registered its mark. Panda Libre's owner contends that the name derives from Panda Café, a family restaurant established in 1983, the same year Panda Express began operations. Despite the legal threat, Panda Libre publicly shared the dispute on January 2, garnering significant public support.

Biotechnology firm Omniome Inc was denied a trademark registration by the United States Patent and Trademark Office (USPTO) for the mark SEQUENCING BY BINDING. The USPTO found the mark insufficiently distinctive, as it directly described the company's DNA sequencing technique involving sequencing and binding.

The Romanian Intellectual Property Office (OSIM) upgraded its electronic filing system for design applications, enabling users to submit design views digitally rather than on paper. The European Union Intellectual Property Office (EUIPO) noted that this enhancement facilitates a simpler and more efficient filing process.

The Norwegian Industrial Property Office (NIPO) issued a warning about fraudulent invoices targeting trademark applicants. NIPO clarified that such invoices are not connected to the office and hold no legal value for industrial property rights payments in Norway or elsewhere. The warning included a list of known scam entities.

The national IP offices of the Philippines and Laos signed a memorandum of cooperation aimed at strengthening bilateral collaboration to improve their intellectual property systems. Josephine R Santiago, director general of the Philippines registry, highlighted the benefits of this partnership, particularly in digital tools, capacity building, search and examination procedures, and IP education targeting micro, small, and medium enterprises.

Several law firms announced notable promotions and hires in their intellectual property practices. Crowell & Moring elevated eight lawyers to partnership, including Vincent Galluzzo, a patent and trade secret litigator based in Washington, and Kristin Madigan, a San Francisco-based partner specializing in technology litigation. Neal Gerber Eisenberg promoted Tanvi B Patel to partner within its IP group. Ballard Spahr expanded its New York IP team by hiring patent attorneys Kenneth H Sonnenfeld and Margaret Bolce Brivanlou, technical specialist Maria Kleppe, and attorney Kristine Waddell from King & Spalding.

Norton Rose Fulbright announced firm-wide promotions of 53 lawyers globally, including four in its intellectual property practice group: Helen Macpherson and Stephanie DeBrow in Australia and the United States, respectively, and Catherine Daigle and Carole Dip in Montreal, Canada.

Former USPTO administrative patent judge Alex Yap rejoined Morrison & Foerster as a partner in its Los Angeles office, focusing on IP and PTAB litigation. Davis & Gilbert promoted Devin A Kothari to partner, concentrating on patent counseling and litigation, and elevated Jacklyn M Siegel to counsel, who handles litigation involving copyrights, trademarks, trade dress, and related areas.

Finally, Yuri Chumak of Chumak & Company merged his practice with Dickinson Wright’s Toronto office, joining as a partner. Chumak is a registered Canadian and US patent and trademark agent with expertise in patents, trademarks, domain names, advertising, marketing, and trade secrets, including clearance, prosecution, and enforcement.