Monthly Archive for: ‘February, 2012’

Shrinking the public domain – US Supreme Court affirms copyright protection for foreign works

Following our previous post involving copyright protection (Copyright or copy-wrong?

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What’s good for the “Wild Turkey” is not so good for the “Wild Geese”: Full Federal Court orders removal of “Wild Geese” mark

Austin, Nichols & Co Inc and Rare Breed Distilling LLC, the former and current owners of Wild Turkey bourbon, have successfully had the trade mark “WILD GEESE” removed from the Register.  In a decision handed down on Tuesday, with Mallesons acting for the successful appellants, the Full Federal Court ordered the mark’s removal.  The Court found that the primary judge miscarried in exercising the discretion under section 101(3) of the Trade Marks Act 1995 (Cwlth) to allow the mark to

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Oikos! Is that a John Butler Trio song? Ad aired during Super Bowl XLVI leads to copyright dispute

For advertisers in the United States, Christmas is over.  That is, the US advertising industry’s version of Christmas – the Super Bowl.  With an audience of over 111.3 million, sometimes the advertising seems more anticipated than the on-field play.   

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California Supreme Court agrees to hear challenge to Bayer’s pay-for-delay agreement

On Wednesday 15 February 2012 the California Supreme Court agreed to consider whether pharmaceutical company Bayer Corporation has violated California’s antitrust (competition) laws by entering a ‘pay-for-delay’ agreement with would be generic manufacturers of Cipro, an antibiotic.  It is alleged that Bayer agreed to pay $398.1 million to several generic drug manufacturers on the understanding that those generic manufacturers would not produce generic versions of Cipro from 1997 to 2004. 

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To the Batmobile! Copyright returns to Gotham City

DC Comics has never been ashamed about standing up for truth and justice.  Nor is it a stranger to copyright disputes.

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Tribunal grants stay of decision to cancel ARTG registrations for prescription pain killers

The Administrative Appeals Tribunal (“the Tribunal”) has granted Aspen Pharmacare Australia Pty Limited (“Aspen”) a stay of a decision of the Thereapeutic Goods Administration (subsequently affirmed by the Minister for Health and Ageing) to cancel from the Australian Register of Therapeutic Goods two prescription pain killers – Di-Gesic and Doloxene.  Aspen was required to move swiftly in seeking the interim relief from the Tribunal as the Minister’s decision (made on 23 January 2012) proposed to cancel the products as at 1 March 2012.  Aspen applied for a st

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One step closer to a National Business Name Registration System

We earlier posted about the introduction of the new National Business Names Registration System.

As a refresher, the National Business Names Registration Package is comprised of three different acts – the Business Names Registration Act 2011 Business Name Registration (Transitional and Consequential Provisions) Act 2011 and the Business Names Registration (Fees) Act 2011.  The new system will:

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“Would you like a defribillator with that?” When life meets brand promise at Heart Attack Grill

The top two topics trending globally on Twitter yesterday morning related to a man who  reportedly suffered a heart attack at a restaurant in Las Vegas called Heart Attack Grill on Saturday night, while eating a burger aptly entitled a “Triple Bypass Burger” – see news report here.  No doubt this will reignite criticisms of the Heart Attack Grill and its place in the United States obesity debate.  
 

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Stone the crows: Australia’s iconic Ettamogah Pub found to be in breach of IP licence

The owners of one of Australia’s most iconic and “most photographed pub in the world” (self-professed), the “Ettamogah Pub”, have been embroiled in a dispute in the New South Wales Supreme Court with claims, among others, that it is has not paid royalties owed under its exclusive license to use intellectual property from the cartoon series “The Ettamogah Pub Mob”.

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