Category Archive for: ‘Trade marks’

“Re-calculating … turn around when possible” – In TomTom decision, clear thinking on “wrong way round” confusion

We’ve devoted a bit of airspace to that hoary old chestnut, reverse (or “wrong way round”) confusion. See our earlier notes on the Glee and Europcar cases (here, here and here). It’s an interesting issue, and it’s also incredibly important in the context of a global economy in which fame can arrive overnight. Given the uncertainties and complexities, it’s a …

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Australia signs Free Trade Agreement with China – important implications for IP owners and healthcare providers

After years of negotiation and months of drafting, Australia signed the Free Trade Agreement between the Government of Australia and the Government of the People’s Republic of China (ChAFTA). The Agreement addresses a number of important IP related issues and also sets out bilateral obligations to promote trade and investment in healthcare. Intellectual Property Chapter 11 of the ChAFTA aims …

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ATMOsphere – Trade Marks Office Decisions – January to March 2015

ATMOsphere: Our trade mark series of posts summarising what has been happening in the world of Trade Marks Office decisions. Here, we aim to provide a high level summary of those decisions and to provide an interesting and useful snapshot of the previous months of decisions. Better a little late than never, we bring you the summary of decisions from …

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What’s in a name? (Try to) Keep up with the Kardashians

Here at IP Whiteboard, we learnt the power of a celebrity name when one of our posts got roughly 20 times more hits than we expected (and crashed the site in the process). Why? While we like to think the combination of on-trend pop culture knowledge and cutting edge legal analysis really drew readers in, ultimately it was the celebrity …

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Looking to move your brand into China? Here’s our quick guide to protecting your IP in the process

Successfully exporting your Australian brand into the Chinese market is a challenging task and it requires a significant investment of time and resources, together with a well thought-out brand protection strategy. Set out below is our quick guide to some high level issues to think about in the IP space if, like many, you’re looking at the opportunities presented by …

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Scrambling for the win: Mattel and Zynga in the UK Court of Appeal

Toy manufacturing giant Mattel has won out in the final round of its recent dispute with social game services provider Zynga (of Farmville and Words with Friends fame) in the United Kingdom Court of Appeal. Overturning the decision of the High Court, the Court of Appeal found that Mattel owned a valid trade mark for SCRAMBLE which was infringed by …

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The Harper Review (IP Update)

We previously reported on the Competition Policy Review Panel’s Draft Report on the effectiveness of Australia’s current competition laws and policy (see our earlier post here). As well as competition issues, the review also examined the impact of the intellectual property regime on innovation, trade and competition policy. Yesterday, the Panel released its Final Report (which can be accessed here). …

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Does it matter which Board of Appeal hears your case when it comes to the distinctiveness inquiry under article 7(1)(b)?

— An edited version of this article first appeared on IPKat on 12 November 2014 — Some recent decisions – and topical ones at that, with the holiday season imminently approaching for this new father (hi Jack and Willy!) – relating to the treatment of 2D and 3D marks for toys suggest that there might be a split between the …

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