Monthly Archive for: ‘November, 2010’
Rosetta Stone Ltd, an American company that produces language-learning software, has appealed the summary dismissal of its claim against Google Inc. in relation to use of its trade marks as keywords for paid advertisements using Google AdWords (for a refresher on AdWords, see one of our previous posts on this topic).
A recent domain dispute involving a website devoted to criticism of the Irish airline, Ryanair, has shown the distinction between a criticism website that legitimately uses a trade mark as part of the website’s domain name and a website that misuses a trade mark for commercial gain. In this case, the receipt of £322 in advertising revenue generated from the site was sufficient to turn a criticism website into a commercial website.
Too little too late: CSL Limited v Novo Nordisk Pharmaceuticals Pty Ltd (No 2) and the judicial discretion to amend a patent
CSL Limited and Monash University, the applicants, are the proprietors of an Australian patent in respect of an invention for a stabilised growth hormone and a method of preparation thereof. The applicants issued infringement proceedings against Novo Nordisk Pharmaceuticals Pty Ltd and other members of the Novo Nordisk group. The respondents cross-claimed for a declaration of invalidity and patent revocation on the grounds that it lacked an inventive step and that the invention was not novel.
The increase in “green” marketing claims has continued in recent years across a range of products, from office supplies to household goods and even food. The heightened concern of consumers about the environment and sustainability has brought these issues to the front of companies’ minds as they seek to advertise and differentiate their products and services. To put this in context, a May 2008 CHOICE survey of 1
In her classic mid ‘80s hit, Madonna famously claimed that she is a “Material Girl”. Fast forward 25 years, and now Madonna has used the iconic song title as her brand name for various products marketed in the US, including fashion and accessories. However, Madonna’s use of “MATERIAL GIRL” is not without its challenges thanks to the rigorous brand protection of US traders using similar brands.
Most of us would know Australian rock band INXS for their hits “New Sensation” and “Need You Tonight” from the late ‘80s. Or the younger readers among us would remember the airing of the reality TV show Rock Star: INXS in 2005, featuring 15 contestants competing for role of lead singer. Believe it or not, 15 million viewers tuned in to watch Canadian vocalist J.D. Fortune win the title.
The Black Eyed Peas are a band well known to many people (and certainly this author) for a number of songs including “Where Is The Love?”, “Let’s Get This Party Started”, “I Gotta Feeling” and “Boom Boom Pow”. Unfortunately for the BEP, “I Gotta Feeling” and “Boom Boom Pow” are now the subject of plagiarism claims in the United States.