Monthly Archive for: ‘November, 2011’

Can a ‘metatag’ infringe your trade mark?

Regular people ask “If a tree falls in a forest and no one is around to hear it, does it make a sound?”

IP lawyers ask “If a trade mark is used but no one can see it, has the trade mark been infringed?”

According to Justice Kenny of the Federal Court, in this recent decision, the answer to this philosophical IP question is, no.

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Interim ruling suggests Cadbury can register ‘Cadbury purple’ as a trade mark in the UK

The Intellectual Property Office (‘IPO’) in the UK has issued a preliminary ruling which states that the iconic ‘Cadbury purple’ – Pantone 2865c – is sufficiently distinctive to enable Cadbury to register it as a trade mark. 

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Justice Jagot rejects ‘manifestly absurd and unreasonable’ construction of new copyright exemption for PI documents

When Justice Jagot handed down her judgment in Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3) in August this year (read our Alert here, her Honour found that Apotex’s proposed supply of a generic leflunomide product would infringe Sanofi’s patent.  Her Honour also found that Apotex had infringed the copyright in Sanofi’s leflunomide product information (“PI”).  Un

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Fashion snaps from news sites: a copyright fair dealing or infringement?

Members of British and European royal families have contributed to many legal developments over the past few years.

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Hospital and doctor dispute on the duty to invent ends in 1-1 draw

Dr Alexander: “They’re both mine.”

Royal Children’s Hospital: “No, they’re both mine.”

Commissioner of Patents: “Stop fighting – you can each have one.”

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Finally, Moral Rights get some care factor, and we talk Tattoos

Inserted at the rear of the Copyright Act is a part concerning ‘moral rights’. It’s considered a poor cousin to the good stuff: juicy claims about infringement of musical, literary and artistic works, fights about film rights, and so on.

The ‘good stuff’ was the focus of copyright law lectures. And then – tacked on at the very end of the course – when Strongbows at the local Uni pub were only an hour away, there’d be a brisk trot through moral rights.

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Doom delayed: thanks to a software patent

There is certainly a lot of commentary, and legal ink, spilled on the subject of software patents (including on the IP Whiteboard!).  And when we negotiate technology agreements, the IP infringement clause is often highly contentious because neither side wants to bear the almost-impossible-to-quantify-in-advance risk of a third party patent infringement claim.

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Roses are red, violets are blue…Louboutin’s appealing, Tiffany & Co care too

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TwitterLeaks – personal information not so private in Web 2.0

A US Court has recently upheld an Order requiring social networking giant Twitter to produce electronic records of three Twitter account holders to the United States Government as part of the criminal investigation into WikiLeaks, Jullian Assange and Bradley Manning.

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