111-120 of 145 results

Who's the fairest of them all? Comparative advertising amongst cosmetic competitors
Insight 15 Dec 2020

In recent proceedings before the Federal Court, Allergan was unsuccessful in its claim for infringement of its registered BOTOX trade marks against Self Care. Allergan alleged that Self Care infringed ...

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. ...

Burger rivals in dispute with the lot
Insight 29 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 29 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. ...

A battle with Banksy
Insight 29 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. ...

Rokt unsuccessful in the Full Court
Insight 22 May 2020

The Full Court in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 reversed the decision of the trial judge, finding for the Commissioner of Patents that Rokt's digital advertising systems and methods invention does not constitute patentable subject matter. The decision further clarifies the patentability of computer-implemented inventions at Australian law. ...

The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
Insight 24 Jun 2020

WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...

COVID-19™ – will coronavirus-related trade marks and patent pooling be part of the new normal?
Insight 24 Jun 2020

No COVID-19 related trade marks have yet been registered in Australia; however, several applications are pending, and at least one mark containing the word COVID has been accepted for registration. ...

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. ...

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. ...

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