Tech giant Apple has accused a German café of trademark infringement after the business commissioned a logo of a red apple, providing start-ups with a warning over their logo choice

When Christin Romer opened her café in the German city of Bonn last May, she named it Apfelkind, which means “apple baby”.

Romer then commissioned a logo of a red apple with a cut-out silhouette of a child wearing a hat, which she reprinted on cushions, chairs, cups and even a delivery bike.

It’s been reported Apple sent Romer a letter saying its own logo would be damaged by any trademark rights Romer might win for her logo.

Apple is believed to be most concerned about the colour of the apple, the leaf on the apple stem and the shape of the apple, claiming these features could confuse consumers.

However, Romer has refused to withdraw her trademark application.

James Omond, of commercial law firm Omond & Co., says if the crux of your idea is a name for the business, you can register it as a trademark. The same applies for a logo.

“If the idea involves some form of artistic creation, it may be that the laws of copyright will give you some protection,” Omond says.

“That does not require any form of registration but it does require that the work originates from a human author and that the work has resulted from some intellectual effort from the author.”

“Similarly, if your idea is some form of design, it can be protected by registration under the Designs Act.”

Web link: http://www.startupsmart.com.au/legal-matters/apple-hits-out-at-cafe-over-logo/201110284371.html

Dozens of leading private domestic companies have formed a business alliance to helppromote top Chinese brands on the global market.

Founded in June, the alliance has set the ambitious target of assisting 100 Chinese companiesto join the ranks of the Fortune 500.

The organization was started by 11 influential entrepreneurs including Feng Jun, president ofelectronics company Aigo Digital Technology, Dong Mingzhu, president of Zhuhai Gree ElectricAppliances, and Zhu Xinli, chairman of Beijing Huiyuan Food and Beverage Co.

The alliance expects to have 500 members in a year, all privately owned Chinese companiesthat are leaders in a business sector.

It will look for global partners and investmentdestinations around the world with "business incubators"supported by overseas governments through free spacefor R&D, sales centers and facilities shared with localpartners.

The group will also cooperate with international law firmsand ask local governments to provide assistance withlegal advice, consulting services, public relations andintellectual property protection.

Part of the effort includes encouraging and assistingmember companies to register trademarks and apply forpatents overseas.

"It's like the Olympic Games," explained Xue Li, an alliance executive. "Leading private Chinesecompanies are the competitors.

"Before, foreign companies chose us as partners, but now we choose them. We can decidewho we are going to cooperate with and where the 'games' take place," she said.

The alliance is also registering an International Best Brand (IBB) mark in potential overseasmarkets. Only 50 member companies can use the mark along with their own trademarks.

"It's something like the Olympic Partner logo placed beside the trademark," said Xue. "Onlyproducts with top quality and brand value can use the mark."

The list of IBB companies will be reshuffled every year according to a strict evaluation systemmade by representatives of members, founders of the alliance and industry experts, sheadded.

Both developed countries and emerging markets are attractive to the alliance, according toXue's colleague Yang Bo.

The first overseas incubator will be in Europe. Members of the alliance will vote from a list offour candidate countries - the United Kingdom, Belgium, Denmark and the Netherlands.

The government of southern Belgium's Walloon Region said it welcomes top Chinese brands inthe European market and promised subsidies of up to 70 percent for R&D expenses.

A delegation of member companies will visit the UK, Singapore and Kazakhstan next year. Bymeeting with government officials and visiting first-class companies overseas, they expect toimprove their understanding of other markets and cultures.

English training is also offered to member entrepreneurs, as learning the language is "a keystep toward the world", said alliance founders. They have organized a number of discussiongroups to practice English along with sharing information and views.

Several internationally renowned business leaders are serving as consultants to the alliance,including Nobuyuki Idei, former CEO of Sony, Christophe Weber, chief representative of theWorld Economic Forum in China, and Amir Gal-Or, managing partner of Infinity Group.

China Daily

Web link: http://www.chinadaily.com.cn/usa/business/2011-11/02/content_14023962.htm

BEIJING - The central government is to establish an office to facilitate the crackdown on infringement of intellectual property rights (IPR) and counterfeit products, the State Council said on Wednesday.

China faces an arduous task fighting IPR infringement as well as the production and sale of fake products, so greater administrative and law enforcement efforts are needed, according to a statement issued after a State Council executive meeting.

The meeting highlighted demand for stricter supervision over manufacturers and inspection over the markets for food, medicine, cosmetics, agricultural materials, construction materials, machinery and electronics, and auto parts.

The office will be set up under the Ministry of Commerce.

Police are urged to establish a cross-regional enforcement system to facilitate investigations, according to the statement.

Huang Hua, a copyright expert with Beijing-based Wowa Media Company, said the recent food safety scandals and controversial events over Internet IPR may have triggered the measures by the central government.

"Since more and more individual copyright owners have been aware of defending their rights through legal suits, cases involving IPR have increased significantly in recent years," Huang said. "Such a trend requires more market supervision and a perfect legal framework, and that is why government is anxious to enhance related legislation and its enforcement."

In October 2010, the State Council launched a nationwide campaign aimed at patent violations, online piracy, pirated software and producing and marketing counterfeit products.

By the end of June, law enforcement officials in quality-supervision departments had filed 2,696 cases worth 1.2 billion yuan ($189 million) with 1,233 counterfeit manufacturing sites uncovered, the announcement said.

In addition, a national conference was held in February in Beijing to help enforce the ban on unauthorized software in 147 central government departments.

All central government departments were urged to ban the use of unauthorized software by May.

On Sunday, 25 million pieces of counterfeit goods, including pirated and illegal prescription medicine, healthcare products, fake seeds and poor-quality auto parts were destroyed in 182 cities across the country. It marked the launch of the latest national campaign to crack down on fake and shoddy commodities.

The campaign was the second action of a mass destruction by the public security department since May 15, the beginning of a move to combat and prevent economic crimes.

Since November last year, police have seen positive results through trans-regional cooperation of police officers under unified command and supervision.

More than 28,000 criminal cases of infringement of IPR and selling shoddy goods have been cracked, and more than 6,700 criminal gangs who were involved in wholesaling and marketing the goods were destroyed.

"Such campaigns aimed at cracking down on IPR infringement have been held year after year and it seems it all ends up with just sound effects," said Wang Qian, a professor at the Intellectual Property School of East China University of Political Science and Law. "But they were to cure the symptoms, not the disease."

The State Council is looking to establish an effective mechanism to guarantee the smooth running of IPR protection, he said.

Web link: http://usa.chinadaily.com.cn/china/2011-11/10/content_14068384.htm