1-10 of 196 results

Copyright in the Aboriginal flag
Insight 30 Oct 2020

A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...

A battle with Banksy
Insight 30 Oct 2020

Banksy has lost his trade mark rights to his notorious Flower Thrower artwork in the EU. The EUIPO's decision reflects on bad faith registrations in the EU and offers other important food for thought in the context of trade mark and copyright law. ...

Burger rivals in dispute with the lot
Insight 30 Oct 2020

McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...

The Ripple effect: unintended consequences of poor international trade mark awareness
Insight 30 Oct 2020

The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...

UK Supreme Court affirms jurisdiction to determine global FRAND terms
Insight 07 Sep 2020

The UK Supreme Court's decision in Unwired Planet v Huawei confirms that disputes between organisations that own these patents, and equipment manufacturers that use the patents, can be brought and resolved on a worldwide basis in England. ...

Australia rebranded? A new logo in tough times for trade and travel
Insight 28 Aug 2020

Australia's new 'wattle' logo is intended to represent Australia in the international trade arena. Detailed arrangements governing its use are still to come. Stay alert for details of forthcoming governance arrangements which will define the circumstances in which the new logo can be applied. ...

Gaming: it's no game, in fact, it's big business
Insight 28 Aug 2020

From Nintendo to esports, gaming has put on a masterclass, demonstrating how leveraging and protecting IP is a key companion to reaching audiences beyond the controller. ...

Honest concurrent use: a rock-solid reminder of the importance of specific evidence
Insight 28 Aug 2020

A recent decision of the Full Court of the Federal Court has highlighted that evidence of honest concurrent use of a trade mark must relate to the specific goods or services covered by an application. It's a timely reminder about the need for care in selecting the scope of the goods and services covered by a mark. ...

Booking.com not so generic.com in the US?
Insight 28 Aug 2020

The US Supreme Court held that Booking.com is not a generic term and can be registered as a trade mark, presenting an opportunity for online businesses trading in the US under 'generic.com' domain names to seek trade mark registration. ...

Designs amendment on the horizon: is this the saving grace for Australian designs?
Insight 28 Aug 2020

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 exposure draft has been released. The proposed changes will make it easier to coordinate design registrations across jurisdictions and, for now, current best practice filing strategies remain the same. ...