Monthly Archive for: ‘November, 2011’

Can a ‘metatag’ infringe your trade mark?

Regular people ask “If a tree falls in a forest and no one is around to hear it, does it make a sound?”

IP lawyers ask “If a trade mark is used but no one can see it, has the trade mark been infringed?”

According to Justice Kenny of the Federal Court, in this recent decision, the answer to this philosophical IP question is, no.

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Interim ruling suggests Cadbury can register ‘Cadbury purple’ as a trade mark in the UK

The Intellectual Property Office (‘IPO’) in the UK has issued a preliminary ruling which states that the iconic ‘Cadbury purple’ – Pantone 2865c – is sufficiently distinctive to enable Cadbury to register it as a trade mark. 

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Justice Jagot rejects ‘manifestly absurd and unreasonable’ construction of new copyright exemption for PI documents

When Justice Jagot handed down her judgment in Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3) in August this year (read our Alert here, her Honour found that Apotex’s proposed supply of a generic leflunomide product would infringe Sanofi’s patent.  Her Honour also found that Apotex had infringed the copyright in Sanofi’s leflunomide product information (“PI”).  Un

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iiNet Update: no live tweeting from the High Court hearing

The highly anticipated High Court hearing of the iiNet v Roadshow Films appeal will begin next Thursday 1 December.  In a move that may devastate many technology and IP nerds who have been following the case, the High Court has requested that mobile phone and other electronic devices not be taken into the courtroom.  The implication?  No live twitter/facebook/blogging from the hearing.  (See our previous Whiteboard posts on iiNet Read More

Fashion snaps from news sites: a copyright fair dealing or infringement?

Members of British and European royal families have contributed to many legal developments over the past few years.

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Hospital and doctor dispute on the duty to invent ends in 1-1 draw

Dr Alexander: “They’re both mine.”

Royal Children’s Hospital: “No, they’re both mine.”

Commissioner of Patents: “Stop fighting – you can each have one.”

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What’s the “Fitchuation” now? Publicity stunt, negative branding or trade mark infringement?

A publicity stunt by Abercrombie & Fitch (A&F) has backfired.  You may recall a previous post, in which we blogged about A&F’sRead More

Finally, Moral Rights get some care factor, and we talk Tattoos

Inserted at the rear of the Copyright Act is a part concerning ‘moral rights’. It’s considered a poor cousin to the good stuff: juicy claims about infringement of musical, literary and artistic works, fights about film rights, and so on.

The ‘good stuff’ was the focus of copyright law lectures. And then – tacked on at the very end of the course – when Strongbows at the local Uni pub were only an hour away, there’d be a brisk trot through moral rights.

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“Twagiarism”: Does copyright protect a tweet?

Have you seen Steve Martin’s Tweets (@SteveMartinToGo)?  They reflect his celebrated dry humour and, some say, bring comedy to a whole new genre (ie 140 characters or less).

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