Monthly Archive for: ‘October, 2010’

Consumer survey not misleading

The Federal Court has dismissed an application by Specsavers regarding an independent consumer survey on optometrists. Specsavers claimed Canstar Blue’s survey results were misleading. The case sends a strong warning to businesses who wish to sue because they are unhappy with consumer survey results or ratings. Mallesons represented Canstar Blue in this litigation. Read more about the case here.

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Bottle Wars – Titans clash in Coke / Pepsi dispute over shape mark

Coca-Cola’s trade mark for its classic bottle shape has long been ‘the’ talisman example of how a shape can be registered if it is sufficiently distinctive.  So, why would Pepsi decide to use a similar bottle?  Like all things IP, the answer is not as simple as it looks.

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“The Adventures of Huck Finn and the Hundred Years’ Copyright”

Locked away for over a century, Mark Twain’s autobiography will be published for the first time next month.  Why the delay?  Despite completing the work before his death in 1910, Twain instructed his publishers not to release it for a hundred years.  The story goes that Twain wanted to ensure that anyone he poked fun at, ridiculed or (possibly!) defamed, had – like him – well and truly passed on to the next life by the time copies hit the shelves.  Cynics, of course, might argue that Twain’s wish only served to ensure that the release of his autobiography would attract as much publi

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“The tax office is well known but Madonna is famous”

But of course…everyone knows that Madonna is famous but why is it important that she is famous as distinct from being well known?  The answer lies in the Trade Marks Act, specifically section 120(3) which addresses infringement of “well known” trade marks. 

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UK Councillor under fire

A UK Councillor has recently come under fire for posting extracts of the Brighton & Hove City Council meetings on his personal website and on YouTube.  In early 2009, a complaint was received by another Councillor, in relation to the conduct of Cllr Kitcat (yes, that’s his name), in posting 5 extracts from webcasts of Council meetings that took place between 2008 and 2009.  These webcasts had originally been filmed by the Council and placed on the Council’s website,

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Willy the Wizard: The initial verdict is in!

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Twitter impersonation…an IP Whiteboard investigation

The recent impersonation of Brisbane’s Lord Mayor, Campbell Newman on Twitter, is a timely reminder of the substantial scope that exists for people to be impersonated online.  Internet sites such as Twitter and Facebook lend themselves to such impersonations due to the lack of requirements for authentication of identity when registering accounts on these sites.  Twitter impersonation has become increasingly widespread, with other politician

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Suffering for your cover art

Dido, the British chanteuse best known for singing about cold tea on an Eminem track back in 2000, has been sued by former NASA astronaut Bruce McCandless – the first astronaut to make an untied or untethered free flight in space – for using his 1984 space flight picture for the cover of her 2008 album “Safe Trip Home”.

Dido Safe Trip Home.jpeg

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The mobile patent battleground in boxes and arrows

For those that, like me, like to see things in boxes and arrows, the Guardian Technology Blog has put together a fantastic diagram that summarises the various patent infringement claims that the big players in mobile technology are making against each other.

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