161-170 of 299 results
Flame's copyright claim success a 'dark horse'
Christian rapper Flame has succeeded in a copyright infringement claim against Katy Perry regarding her single 'Dark Horse', in what some are viewing as an overreach of copyright protection. ...
Holey Moley guacamole!
Owners of the popular Aussie mini-golf business Holey Moley Golf Club have taken NBA superstar Steph Curry's new US TV show to court for trade mark infringement, in a Happy Gilmore-esque battle for the ages. ...
Strengthening protection of Indigenous Culture and Intellectual Property
Recent attention surrounding use of the Aboriginal flag, and the ACCC's limited success against Birubi Art, highlight the importance of strengthening protection of Indigenous Culture and Intellectual Property. ...
The ACCC looking to the future – what is a 'representation with respect to a future matter'?
After losses in the Federal Court, the ACCC has now appealed decisions in cases against Kimberly-Clark and Woolworths. In both cases, the ACCC alleged that misleading representations were made with respect to future matters. ...
Sportsbet takes punt on descriptive mark
The decision in Sportsbet Pty Ltd [2019] ATMO 86 regarding the inherent capacity to distinguish of the mark SAME GAME MULTI provides a timely reminder of the perils of adopting descriptive trade marks. ...
Unity of porpoise means no mere aqua-escence in latest Trident decision
The latest appeal decision in a longstanding trade mark feud between US-based seafood giant Trident Seafoods Corporation and Australian company Trident Foods Pty Ltd has eased the burden of establishing authorised use of a trade mark by companies within the same corporate group ...
Use of your own name must be in good faith
Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...
Diagnostic methods remain patentable in Australia
The Federal Court has confirmed diagnostic methods remain patent-eligible subject matter in Australia. The Court's highly anticipated decision in the Sequenom case provides a strong impetus for innovators to continue to develop new diagnostic methods in the important field of biotechnology. ...
IP insurance: are you sure it's too expensive?
IP disputes can be costly. One way firms can manage this risk is to obtain IP insurance. Once regarded as too expensive to work, recent developments in the market suggest that, for smaller businesses in particular, protection may now be more affordable. ...
A grape result – exporter of copycat Penfolds wines ordered to pay
Companies exporting wine labelled with the Chinese equivalent of Australia's famous Penfolds brand have been ordered to pay more than $350,000 in damages for trade mark infringement. ...