Author Archive for: ‘lcfedele’
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 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.
In our previous post we attempted to calculate the amount of general versus additional damages karaoke lounge K Square Pty Ltd (K Square) was to pay Top Plus Pty Ltd (Top Plus) for copyright infringement.
George Lucas (creator of Star Wars) has recently wielded his legal light sabre at a US company which reportedly infringed “Jedi” trade mark/s. The relevant US Code provision is § 1114, which relates to certain uses of a registered trade mark without consent where that use is “likely to cause confusion, or to cause mistake, or to deceive”.
You may recall our previous post regarding infringement of copyright in song films by karaoke lounge K Square Pty Ltd (K Square). Now, following a hearing to determine damages, Federal Magistrate Raphael has given the copyright owner, Top Plus Pty Ltd (Top Plus), something to croon about.
Foo Fighters’ Dave Grohl, Taylor Hawkins, and Nate Mendel (the Applicants) clearly take copyright in their songs more seriously than they take themselves (for non-fans, they are renowned for playing hilarious characters in Foo Fighters’ film clips).
One of the most important aspects of trade mark ownership is the ability to control the way a brand is used and, accordingly, protect the brand’s reputation. Two somewhat unlikely compatriots, Jessica Watson and Mary MacKillop, show how quickly brand management becomes vital when a person or event hits the public spotlight.
In a decision which provides a whole new meaning to the phrase “going to the ‘john’”, the John W. Carson Foundation (Foundation) has successfully opposed registration of Johnny Carson’s famous phrase “HERE’S JOHNNY” as a trade mark of portable toilets (proposed mark). This decision has come about more than 30 years after the same toilet manufacturer first attempted to register the proposed mark.