Monthly Archive for: ‘December, 2010’
In 2010, the Mallesons IP Whiteboard (like all IP nerds) relished the opportunity to critique and discuss a huge range of IP related topics and stories.
We hope you have enjoyed reading our posts as much as we have enjoyed writing them, and look forward to sharing more of our enthusiasm for IP with you in 2011.
From everyone at the Mallesons IP Whiteboard, merry Christmas and a safe and happy new year!
Google has agreed to use its technology to translate patents in Europe into 29 languages. It is hoped that this deal with the European Patent Office (EPO) will also assist in establishing a common European patent.
In May, we reported on the Copyright Tribunal’s decision to increase the licence fees paid to the Phonographic Performance Company of Australia (PPCA) for music in group fitness classes: http://blogs.mallesons.com/ipwhiteboard/ppca-flexes-music-muscles Today, the Federal Court set aside this decision, on the basis that it lacked procedural fairness, and has remitted the matter back to the Copyright Tribunal for a re-determination.
Crosstown Music of California has lost their claim in the English courts to ownership of a portfolio of copyrights consisting of songs written by Mark Taylor and Paul Barry in the 1990s. The case demonstrates the power of a partial assignment of copyright to secure performance of a primary obligation (in this case the obligation of a publisher to pay royalties to a songwriter). Although Australian copyright law is the same as the English law considered by the court in this case, if the dispute had occurred in Australia after commencement of the Read More
The liver-protecting, heart-strengthening, immune-boosting and circulation-pumping qualities of exotic flora and fauna are these days common claims being made by cosmetics giants across the world. The latest plug is in favour of the Kakadu plum, native to Australia. The Texan cosmetics company, Mary Kay Inc, claims that the combination of extracts from the Kakadu plum and the acai berry produce “synergistic effects” that benefit the skin, due primarily to the high concentration of vitamin C in the plum extract.
This time of year often causes one to reflect on the “year that was”, and here at Mallesons IP Whiteboard we are no exception. A recent article about silly business names got us laughing, and thinking – what weird and wonderful trade marks have been registered in Australia this year? A search of the Register reveals some rather creative marks.
In April we commented on Tiffany’s loss in the US Second Circuit Court of Appeals over its claims of direct and contributory trade mark infringement, trade mark dilution and false advertising against eBay for sales of counterfeit Tiffany products on the eBay website. To view the history of proceedings in this case, you can read our previous post here.