Monthly Archive for: ‘September, 2010’

Naked buskers battle it out for exclusive rights in Times Square

The Naked Cowboy is back at it again, robustly defending his exclusive right to play the guitar in public wearing only a white cowboy hat, white cowboy boots and …..

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How the Saints and the Pies line up… on the Trade Marks Register

With supporters of both Collingwood and St Kilda amongst us, the IP Whiteboard team is feeling the pressure in the lead up to this season’s second AFL Grand Final.  

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IHOP sues IHOP over IHOP trade mark infringement

Confused already? Me too. Prepare yourself for a battle of biblical proportions as one IHOP (the International House of Pancakes) sues another IHOP (the International House of Prayer) over its use of those four famous letters, citing trade mark dilution and infringement.

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Captain’s Pottie’s savage attack on the Flanimals – Ricky Gervais sued for copyright infringement

Ricky Gervais (of The Office and Extras fame) is being sued by freelance writer and artist John Savage for the alleged copyright infringement of Savage’s book entitled Captain Pottie’s Wildlife Encyclopaedia.

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Martha Stewart: Don’t let the bed bugs bite

To most people, bedbugs are creatures that only appear in nightmares, but according to recent reports bed bugs are making a comeback in the United States.  The pests are reportedly rising to levels not seen since the 1960s when the bugs were largely eliminated with the (now-banned) pesticide DDT.  Read More

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The patented bow tie – false marking back in the spotlight

If you thought bow ties were only for the old fashioned or the eccentric, think again.  A U.S. lawyer, Raymond Stauffer, has brought the bow tie back into fashion in a ‘false-marking’ suit against Brooks Brothers, a well-known clothing company that also manufactures bow ties. 

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It’s a plane…. it’s a bird… nah bro, it’s Superwog! Superman opposes satirical trade mark

Move over kryptonite, the “Man of Steel” has a new weakness, and it’s covered in garlic sauce!  On the back of his highly successful YouTube parody, creator Theodore Saidden has sought to register the “Superwog” logo as a trade mark to protect the IP in his new T-shirt range (see the device mark lodged with IP Australia below).  DC Comics, the owners of the registered “Superman” trade mark, is not impressed, and have lodged a notice of opposition.

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The narrowing of the defence of patent misuse in America

In the recent American case of Princo Corp. v. International Trade Commission, the U.S. Court of Appeal for the Federal Circuit narrowed the doctrine of patent misuse in the context of licensing.

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Lego’s Lawsuit Bricked by the ECJ

After an 11 year battle by Lego to have its classic eight-studded red bricks trade marked in the European Union, the Grand Chamber of the European Court of Justice (ECJ) has upheld a 2008 ECJ General Court decision that dismissed Lego’s challenge to having its trademark rights in such bricks repealed, after objections from Canadian toymaker Mega Brands. 

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