Monthly Archive for: ‘September, 2014’

ATMOsphere – Trade Marks Office Decisions – September 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 July ATMOsphere post here and our May 2014 post here). As explained there, our aim is both to provide a very high level summary …

Read More
Partner:

IP & Competition Law…a match made in reform heaven?

Yesterday, the Competition Policy Review Panel released its Draft Report on the effectiveness of Australia’s current competition policy and laws, and its recommendations for the promotion of competition across the economy. Our colleagues over at In Competition published this brief post here and a more detailed alert here, focusing on the broader aspects of competition policy reform canvassed in the …

Read More
Partner:

Who is in that photograph? The Federal Court refuses motion to strike out an allegedly vexatious claim for copyright infringement

In 1989, Allen & Unwin published “Brothers in Arms: The Inside Story of Two Bikie Gangs”. A photograph of a young woman appeared in that book, and the person in the photograph was identified in the book as Leanne Walters. Ms Walters was a victim killed in the crossfire of a notorious shootout between two rival bikie gangs in 1984. …

Read More

Can a computer decide whether two business names are “nearly identical”?

The Administrative Appeals Tribunal decided at the end of August 2014 that the prior registration of “Melbourne Children’s Psychology Clinic” as a business name prevented the registration of “Melbourne Child Psychology” and “Melbourne Child Psychology Services” because the latter names were “nearly identical” to the former. Whilst the decision traversed issues of the kind familiar to any practitioner with some …

Read More

Negotiating the perils and pitfalls of corporate social media: a lesson from Madden v Seafolly

Online social media is now widely acknowledged as the new frontier of corporate communications.  Indeed, nearly 80 per cent of large companies now use social media to connect with their customers.  Having an online presence has become effectively mandatory, but with that comes a range of risks, including in relation to potentially misleading or defamatory statements. The recent decision in …

Read More
Partner:

Jack Wills, McDonald’s, Bunnings v Masters, Tesco, Cadbury, Coke v Pepsi and much, much more – 15 recent case “bites” and 5 tips on brand protection in the retail space for 2014 so far

2014 has been a topsy-turvy year so far in the retail and FMCG spaces in terms of trade mark decisions in Australia, New Zealand and the UK and EU. It is worth looking at a few recent decisions to help guide big and not-so-big names with their brand protection strategies. You win some … In the “battle of the bird …

Read More

Not all fun and games in copycat litigation

The gaming industry (and gamers) will be watching two recent US cases with great anticipation. In these cases, law suits have been brought against alleged copycat games, relying on causes of action including copyright, trade dress and patent infringement. The decisions raise the important and interesting question – can you protect the rules and implementation of a game? What about …

Read More

The supply of a right to use source code

A Full Court of the Federal Court of Australia held recently that a fairly typical software distribution agreement did not confer on the distributor a right to use source code. One may ask why would the parties need to know? The answer lies in the application of royalty withholding tax to payments made by Australian taxpayers to Canadian software licensors. …

Read More

A straw-poll for our readers – what wine bottle label is this??

We like to think that we know our readers quite well here at IP Whiteboard. But do we? Really?? Obviously they’re incredibly smart and ridiculously good looking, and have great taste. But what are their thought processes when they’re let loose in the supermarket or bottle-shop? With the aim of getting to know you a little better, we thought that …

Read More

Page 1 of 212»