Monthly Archive for: ‘September, 2009’

Google’s right to ‘sell’ trade marked keywords: ECJ Advocate General hands down opinion

Back in July, Georgia Douglas blogged on the UK trade mark dispute between the US global flower delivery company, Interflora Inc, and British retail icon Marks & Spencer.  The dispute stemmed from M&S purchasing the Google AdWord “Interflora”, as well as numerous misspellings of that name, for its M&S Flowers Online service.

 Background

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iSnack2.0 or “Frank”?

Dean Robbins is the winner of Vegemite’s ‘Name Me’ competition. The new, creamier blend of Vegemite and Kraft cream cheese will be known as iSnack2.0, bringing together Dean’s love of technology and Vegemite.

There were 35,074 entries, of which 16,071 were unique. The – errr – funniest entries according to Kraft were Cheesewax, Goo-dy, Frank, Brownie and Crackermite.

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Fast-tracking patent applications for “green technology”

IP Australia has announced that requests for examination of patents involving green technology may be “fast-tracked”. 

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What is patentable subject matter? Is the ‘manner of manufacture test’ on its way out (yet again)?

On 21 September 2009, the Advisory Council on Intellectual Property (“ACIP”) released an options paper on patentable subject matter.   

‘Manner of manufacture’ test

The paper analyses and discuses the value of the ‘manner of manufacture’ test currently used in determining whether an invention is patentable.   ACIP is seeking comments on the following four options:

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Consultation paper released on new R&D tax credit

On 18 September 2009, the Treasurer and Minister for Innovation, Industry, Science and Research released a consultation paper on the new research and development tax incentive.  The incentive, announced as part of the 2009-2010 Budget, represents a significant change to the taxation of R&D expenditure in Australia. 

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Court sorts copyright ownership dispute

The Federal Court of Australia has reminded us that an independent contractor commissioned to develop software may be taken to have agreed to assign equitable ownership of copyright in the software.

The case is Intelmail Australia v Vardanian [2009] FCA 1018.  Justice Moore reviewed the principles to be applied when implying terms into an oral contract, confirming the following:

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Californian ISPs find that harbours aren’t too safe after all

When one thinks about ISP liability, the focus is usually on copyright law and the extent of safe harbours provided under the relevant copyright regime, but the US$32 million damages verdict in the Louis Vuitton v Akanoc case shows that, at least in the United States, trade mark law is becoming increasingly important as well. 

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Real life trade mark for virtual world persona

On 11 November 2008, the USPTO granted trade mark protection (registration no. 3531683) to Alyssa LaRoche for her Second Life avatar, Aimee Eber.  The trade mark was granted for use in ‘[c]omputer programming services, namely, content creation for virtual worlds and three dimensional platforms’.   

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Which is better? ‘Malaysian Chicken Curry Restaurant’ or ‘McCurry’?

If you responded: ‘McCurry’ then you are in full agreement with the owners of that business. Apparently, the proprietors preferred McCurry, which is meant to be short for Malaysian Chicken Curry Restaurant… McDonalds, by contrast, considered that the use of “Mc” was likely to cause confusion by evoking “McDonalds” in the mind of consumers. This week, after pursuing its claim for eight years in Malaysia, McDonalds failed in its final attempt to overturn an earlier, adverse decision.

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