Yearly Archive for: ‘2012’

Sticks and stones may break my bones, but make Facebook comments about me and… you’re in tricky territory

We previously posted about Justice Tracey’s recent Federal Court decision where the designer of “White Sands” swimwear was fined $25,000 for public comments which ‘questioned’ whether Seafolly copied White Sands’ designs. The fine was in relation to misleading or deceptive conduct, however, the public nature of comments back and forth meant that one party sued for defamation, the other for …

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IP Whiteboard’s 2012 Christmas Gift Guide

Still struggling for gift ideas this Christmas? IP Whiteboard may have the answer… IP is a very fashionable gift at the moment and, what’s more, because it is inherently intangible, it won’t even take up any of your storage space. We are therefore proud to present to you: IP Whiteboard’s 2012 Christmas gift guide, with advice for all those impossible-to-buy-for …

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Orribile! Italian winemaker crowing over French rival’s trade mark

Perhaps to the dismay of Italian wine enthusiasts, a Chianti Classico producer has lost its battle to prevent a rival French winemaker from registering a trade mark incorporating the image of a rooster.  The Court found that, because consumers order wine at bars and restaurants by their brand name, they are more likely to identify trade marks by their word …

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Oppa Spin-Off Style: Trading off someone else’s goodwill in a viral video

In early October, we posted about the creators of viral K-Pop video ‘Gangnam Style’ facing a trade mark fight in the Korean Intellectual Property Office (KIPO). Since then, we’ve noticed a number of interesting ‘Gangnam Style’ spin-offs popping up all over Australia. While in PSY’s own words imitation is the sincerest form of flattery, it’s interesting to consider whether some …

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Justice Tracey found there was no Flattery in Seafolly’s bikini designs

We aren’t suggesting Justice Tracey believes Seafolly bikinis are unflattering when worn… We’re referring to his recent Federal Court decision where the designer of “White Sands” swimwear was fined $25,000 for public comments which ‘questioned’ whether Seafolly copied White Sands’ designs. What lessons can we take from this case? Check your facts before you post on Facebook. An honestly held …

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How much do you know about copyright in quotes? Test your muscle against the Yale Law School Top Ten

Now that you’ve considered how and whether you can protect quotes via copyright (thanks to our previous post here), it’s time to take your skills to the next level. We couldn’t resist letting you know that the Yale Law School has just released its annual list of the most notable quotations of the year. It seems that Fred Shapiro, associate …

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To Quote or not to Quote: that is the question

Is the quote a literary or dramatic work under the Copyright Act? To be protected by copyright, the work needs to be ‘original’ and it needs to be expressed or ‘fixed’ in a ‘material form’. In the case of quotes, the question is usually whether the work is too insubstantial for originality to subsist. This means that, in Australia, a …

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Sounds confusing … when TiVo ‘cancelled’ Vivo

On 14 November, the Full Court of the Federal Court confirmed that the ‘Vivo’ trade mark was deceptively similar to TiVo and so was likely to deceive or confuse, but for slightly different reasons than at trial. In the red corner is TiVo, the answer for thousands of professionals who have despaired about missing, for example, Ellen DeGeneres’ midday ‘naughty …

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Protecting your legal rights with a Facebook status… It’s a hoax, folks

Social media platforms are governed by a myriad of ever-changing terms and conditions.  Simply by signing up to and continuing to use these platforms, individual and corporate users accept these terms, sometimes granting very broad licenses to platform operators and their affiliates to do what they will with user content.  Not only are these terms difficult for individual and corporate …

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