Monthly Archive for: ‘May, 2014’

“Do’hhhh …!!” or should that be “Dough …!!” – Panrico shuts out another Donut brand in Europe

It may be surprising to many that up until now it has been very difficult to register a trade mark containing DONUTS (or a variation): (a)   in respect of “donuts” (or, if you like, “round-shaped dough biscuits”); (b)   in Spain or as a Community Trade Mark. That is, unless you are Panrico SA. If you are not Panrico, then you …

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Pushing the boundaries of trade mark law (Part 2) – Betty Boop imagery infringes Betty Boop word mark – one giant step for ideational similarity?

In Hearst Holdings Inc & Anor v AVELA. Inc & Ors [2014] EWHC 439 (Ch) (25 February 2014), Mr Justice Birss’ (he of Rihanna fame) has upheld passing off and infringement claims by Hearst for the unauthorised distribution of merchandise bearing Betty Boop imagery. The decision makes fascinating reading. Mr Justice Birss has once again stressed that – in the …

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ATMOsphere – Trade Marks Office Decisions – May 2014

In January this year, we started a new series of posts from IP Whiteboard:  ATMOsphere, aiming to keep our readers up-to-date on what has been happening in the world of Trade Marks Office decisions (see the January ATMOsphere post here and our March 2014 post here).  As explained there, our aim is both to provide a very high level summary …

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What’s your flavour? Cadbury’s “Black Forest” chocolate unsuccessful in trade mark opposition to Whittaker’s “Berry Forest” mark

You might want to grab a cup of tea and a block of Cadbury’s “Black Forest” chocolate to settle in and read this blog post -or, if you prefer, a block of Whittaker’s “Berry Forest” chocolate. While Australians have had a choice between the two for several years now, New Zealanders will also be able to have an option soon, …

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“Big data”, computerisation, IT assets and cybercrime: recent information technology developments

Have you ever wondered what “big data” analysis is, or how Australian privacy laws affect big data?  Have you ever thought about whether computerisation of a business method is patentable?  Are you curious as to the Australian cybercrime laws, or perhaps how to protect IT assets in the sale of your business? If the answer to any of these questions …

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Privacy Commissioner awards damages

In a rare example of the Commissioner making a determination under the Privacy Act, Aerocare Pty Limited has been found liable to compensate an airline passenger for the manner in which they collected and disclosed sensitive health information about the passenger in an airport departure lounge. The facts and determination Aerocare was acting as a contractor to the airline known …

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The rise of the citizen journalist and the online blogger

Digital technologies and social networking websites have radically altered the nature of news reporting. In particular, news reporting has succumbed to modern society’s need for immediacy. The Internet has given rise to the “citizen journalist”, who is able to upload one-off breaking news items when arriving first upon the scene of an event. Whilst the increased access to newsworthy items …

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Happy Quiche and Happy Sandwiches survive opposition from McDonald’s Happy Meal

We’ve all had one. A Happy Meal that is. Some of us might have continued to buy them in circumstances that might not be considered “age appropriate”, but there’s no shame in that. I’ll admit to having had some pretty good sandwiches in my day too. Quiches … not so much. The question as to how far McDonald’s rights in …

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HOME MAID troubles before Appointed Person – material differences between registered mark and mark as used scupper another opposition

Decisions from the Appointed Persons of the UKIPO have won a special place in our hearts here at KWM. While we can’t always agree on the outcome, the level of analysis and sheer common sense displayed is often a breath of fresh air (unsurprising given the calibre of those that are or have been APs), and these decisions deserve more …

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