AM22_AtAGlance_033122.pdf
INTA’s 2022 Annual Meeting Live+ was held in Washington, D.C., as a combined physical + virtual event from April 30 to May 4. With 6,500 organizations from 185 countries comprising INTA’s membership, the Annual Meeting has been recognized as the world’s largest IP event.

In this IP event, Ms. Yan Zhang, the partner of Beijing East IP Law Firm, participated as a speaker for the online session titled “The Hungry Caterpillar: Colin v. Cuthbert and a Look at How to Best Protect Cutting Edge Marks Inside and Outside the Trademark Arena” on May 3, 2022. Ms. Clair Lehr, the partner of Edwin Coe LLP (United Kingdom), serves as a moderator, while the other two speakers are Ms. Katherine Califa, the partner of Foley & Lardner LLP (USA) and Mr. Michael Silverleaf, QC of11 South Square (United Kingdom).

This session covers the widely followed “cake case” in the UK, featuring Colin and Cuthbert caterpillar cakes. The discussion touches on the claims made—trademark (not design or copyright as wrongly reported)—and also considers whether inclusion of design or copyright claims might have resulted in a different outcome. Ms. Zhang discussed the Colin v. Cuthbert case from Chinese perspective and introduced that the shape of commodities may cover the protection of 3D mark, design patent, copyright of works of applied art, and packaging and decoration under the Anti-Unfair Competition Law. Ms. Zhang further elaborated the specific ways of protection and the conditions to be met.

This session also covers a case in which a 3D shape mark won over a 2D mark at the EUIPO. This is the Cultcamper case, between Pinball and Volkswagen, which saw Volkswagen successfully oppose an EU application on the basis of a 3D shape mark. Ms. Zhang discussed about the factors and criteria of judging the similarity between 3D and 2D marks, and shared the latest examination practices and related cases on the registrability of 3D shape mark.

Ms. Zhang was appointed to serve as a member of INTA Famous and Well Know Mark Committee and participated in forums and conferences organized by INTA on behalf of Beijing East IP. INTA is a global association of brand owners and professionals dedicated to supporting trademarks and complementary intellectual property to foster consumer trust, economic growth, and innovation, and committed to building a better society through brands.