Monthly Archive for: ‘October, 2010’
The Federal Court has dismissed an application by Specsavers regarding an independent consumer survey on optometrists. Specsavers claimed Canstar Blue’s survey results were misleading. The case sends a strong warning to businesses who wish to sue because they are unhappy with consumer survey results or ratings. Mallesons represented Canstar Blue in this litigation. Read more about the case here.
Coca-Cola’s trade mark for its classic bottle shape has long been ‘the’ talisman example of how a shape can be registered if it is sufficiently distinctive. So, why would Pepsi decide to use a similar bottle? Like all things IP, the answer is not as simple as it looks.
Locked away for over a century, Mark Twain’s autobiography will be published for the first time next month. Why the delay? Despite completing the work before his death in 1910, Twain instructed his publishers not to release it for a hundred years. The story goes that Twain wanted to ensure that anyone he poked fun at, ridiculed or (possibly!) defamed, had – like him – well and truly passed on to the next life by the time copies hit the shelves. Cynics, of course, might argue that Twain’s wish only served to ensure that the release of his autobiography would attract as much publi
But of course…everyone knows that Madonna is famous but why is it important that she is famous as distinct from being well known? The answer lies in the Trade Marks Act, specifically section 120(3) which addresses infringement of “well known” trade marks.
A UK Councillor has recently come under fire for posting extracts of the Brighton & Hove City Council meetings on his personal website and on YouTube. In early 2009, a complaint was received by another Councillor, in relation to the conduct of Cllr Kitcat (yes, that’s his name), in posting 5 extracts from webcasts of Council meetings that took place between 2008 and 2009. These webcasts had originally been filmed by the Council and placed on the Council’s website,
Dido, the British chanteuse best known for singing about cold tea on an Eminem track back in 2000, has been sued by former NASA astronaut Bruce McCandless – the first astronaut to make an untied or untethered free flight in space – for using his 1984 space flight picture for the cover of her 2008 album “Safe Trip Home”.
For those that, like me, like to see things in boxes and arrows, the Guardian Technology Blog has put together a fantastic diagram that summarises the various patent infringement claims that the big players in mobile technology are making against each other.