Monthly Archive for: ‘June, 2014’

Lift Shop v Easy Living Home Elevators: trade mark infringement and search engine optimisation

Can you infringe a competitor’s trade mark using “search engine optimisation” methods (“SEO” in industry-speak)? In Australia, the answer will depend largely on whether your use of that trade mark amounts to use “as a trade mark” within the meaning of the Trade Marks Act 1995 (Cth). In a recent decision of the Full Court of the Federal Court of …

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OHIM’s Boards of Appeal taking a hard line on absolute grounds against stylised marks, but is this on the right basis?

Not so long ago, one could simply add a flourish to an entirely descriptive word in order to achieve registration without an objection based on absolute grounds. Well, it looks like we can confidently say that those days are long gone, at least insofar as OHIM’s Board of Appeal is concerned. A look over April and May’s decisions relating to …

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Major sporting events & a few hundred million reasons to protect sponsorship rights

The FIFA World Cup is upon us. We’ve already been bombarded with an extensive range of marketing campaigns, such as McDonald’s new range of World Cup burgers, and Coke’s specially designed World Cup bottles. These companies have paid a premium to be associated with the event. But what about those companies who use more stealth methods to get their name …

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Australian Flash Boy in contempt of court

As anyone who has read Michael Lewis’ latest book, Flash Boys, will know there is a lot of money to be made and lost through high frequency trading (HFT). Whilst the Australian securities market is structured and regulated quite differently from the US market described by Lewis, there is no doubt that Australia has had its share of ‘colourful’ Flash …

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Advantages of applying for UK national trade marks in addition to Community trade marks

The CTM system is a bit of a no-brainer for Australian and New Zealand businesses putting their products and services into the EU market. The system has been a raging success, due to – among other things – the fact that a CTM is a cost-effective way to cover all 28 EU member states. But sometimes there is merit in …

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