Category Archive for: ‘Subjects’

EU trade mark reform – action to take now

There are some important upcoming changes to Community Trade Mark law and practice due to come into force on 23 March 2016. This is in addition to the change of the branding of the CTM itself: OHIM will change its name to the EU Trade Marks Office, and the CTM will become the EUTM. As ever, there will be benefits …

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Our top 5 Australian copyright developments in 2015

As 2016 begins, we take a look back at the key developments in copyright in 2015 in Australia.   It certainly has been a busy year, with amendments to the Copyright Act, the development of a Copyright Notice Scheme, and not to forget the Dallas Buyers Club litigation, the famous dead cat and houses with “French Provincial style with a Caribbean …

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Million Dollar Moggy: Grumpy Cat’s coffee copyright grind

What is your cat worth to you? If you answered “at least a few hundred thousand dollars in damages and the rights to a lucrative domain name”, you may be Tabatha Bundesen, owner of feline internet sensation Grumpy Cat. With this much potential money in the kitty, it was only a matter of time before Grumpy Cat got into a …

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Same same but different? Federal Court finds Reckitt Benckiser’s/Nurofen’s marketing of the ‘specific pain relief’ range constitutes misleading and deceptive conduct

Last week Justice Edelman delivered judgment in the Federal Court, finding that Reckitt Benckiser (Australia)’s packaging and website descriptions of the Nurofen ‘Specific Pain Range’ constituted misleading or deceptive conduct under section 18 of the Australian Consumer Law (‘ACL’). Reckitt Benckiser was found to have represented that the four products in the Nurofen Specific Pain Range were each specifically formulated …

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Computer implemented business methods – routine patent cases for the Australian courts?

A Full Court of the Federal Court of Australia appeared to suggest that patent cases involving claimed inventions for computer implemented business methods can be determined using an established framework and such cases are no longer at the cutting edge of patentability – that mantle has been assumed by gene technology. The case in point is Commissioner of Patents v …

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Solicitor’s defamation action dismissed for lacking ‘The Vibe’

The District Court of Queensland has dismissed a solicitor’s claim for defamation based on an imputation conveyed by the words ‘Dennis Denuto’. ‘It’s just the vibe of the thing, Your Honour’ says Dennis Denuto, the fictional solicitor-hero of the classic Australia legal drama, The Castle, as he bumbles his way to a victory in the High Court. In Smith v Lucht [2015] …

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MUSASHI v A-SASHI – healthy competition?

The appeal from the Federal Circuit Court of Australia in Christian v Société Des Produits Nestlé SA (No 2) [2015] FCAFC 153 concerning infringement of Nestlé’s MUSASHI marks raises interesting questions regarding the nature and scope of relief for trade mark infringement.

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5SOS, Hush Puppies, Cristal, CCs, Guru Denim and much much more – trade mark case law in Australia, New Zealand and the UK – 2015 highlights

Well, what a year it has been, with so much more in store for 2016. Here at IP Whiteboard we thought we would run a highlights reel of some key trade mark decisions reported on “arguably the world’s favourite IP blog” during 2015.

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