Lies, damned lies and social media coverage of trade mark disputes – the TV programme previously known as “Glee”?

Remember when you could rely on social media for fair, unbiased and objective coverage of the news? Me neither. The facts did not get in the way of a good story when a virtual Twitter-storm erupted over the weekend around the tv show GLEE having to change its name in the UK. But is this a foregone conclusion? No. It …

Read More
Subjects:

Telco and database services, comparison sites, and shopping centres – courts increasingly taking a modern view on trade mark specifications, but will the registries follow their lead?

Brand protection is not always as straightforward as it should be. For one thing, even once you have chosen your brand, you need to draft a specification that covers what you do and/or propose to do. This is a simple exercise if you are a t-shirt company, but can be a tricky business for service providers in evolving (and even …

Read More
Subjects:

Review of the Innovation Patent System Final Report

The Australian Government Advisory Council on Intellectual Property (“ACIP”) has recently recommended several changes to the innovation patent system in Australia. The key recommendations include raising the threshold for “innovative step”; excluding processes from patentability as innovation patents; examination and certification being a precondition to using the term “patent”; and requiring examination to be requested within three years. ACIP was …

Read More
Subjects:

BP loses colour trade mark battle

In a battle now spanning over a decade, another colour trade mark application filed by BP (this time for the shade Pantone 348C) has been rejected by Australia’s Trade Marks Office. The Hearing Officer found that while Australian consumers associate the colour green with BP, there was no convincing evidence that consumers distinguish the BP brand based on the applied-for …

Read More
Subjects:
Partner:

US Supreme Court rules Aereo TV streaming service infringes copyright

By Ian Ranson and Anna Spies On Wednesday 25 June 2014, the Supreme Court of the United States handed down a greatly anticipated copyright decision. In a 6-3 decision, the Court found that the Aereo TV service, which allows subscribers to stream free-to-air television broadcasts over the internet, infringed copyright in television programs. In commentary and in the media since …

Read More
Subjects:
Partner:

The case for judicial humour: When wit and jocularity find their way into the courtroom

Addressing the National Judicial Orientation Programme in 1998, then Chief Justice Gleeson explained to the assembled audience that there are four key aspects of judicial status or performance – independence, impartiality, fairness and competence. One trait deliberately left off his Honour’s list was judicial humour. While Gleeson CJ cautioned the collected judges against displays of judicial wit, this advice has not …

Read More

US Food and Drug Administration releases draft guidances about social media and online communications

On 17 June 2014, the United States’ Food and Drug Administration (FDA) released two draft guidances relating to the promotion of prescription drugs or medical devices online or on social media. Designed with patients in mind, the FDA is aware that patients and health care providers often get information about FDA-regulated products through social media and other online sources, and …

Read More

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 …

Read More

Page 1 of 10112345»102030...Last »