Category Archive for: ‘Subjects’

The Dancing Baby case: considering fair use before sending a copyright take-down notice – implications for Australia

There has been a lot of talk lately about the “Dancing Baby” lawsuit (a.k.a Lenz v Universal Music Corp). For those readers who haven’t heard of the case, the basic story will be relatively familiar: a video, uploaded to YouTube, was then removed pursuant what is known as a “DMCA takedown notice” following an allegation of copyright infringement raised by …

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Malt trade mark teasers – the lighter way to enjoy chocolate

The Federal Court of Australia has allowed Delfi Chocolate Manufacturing S.A.’s appeal of the opposition to its MALTITOS trade mark application by Mars Australia Pty Ltd. The MALTITOS trade mark was filed by Delfi Chocolate in Class 30 for ‘Confectionery; biscuits; chocolate; cocoa; products made from or including chocolate and/or cocoa’. Mars successfully opposed the application in December before the …

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You’re monkey me crazy! Copyright, selfies and…monkeys?

We don’t waste any time with monkey business over here at IP Whiteboard…until it involves one of our favourite stories of recent times, combining our love of selfies with copyright and cute animals. This story is of course the tale of wildlife photographer David Slater, who claimed copyright ownership over some selfies taken by macaque monkeys in Indonesia using his camera …

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Australian Department of Immigration data breach – another court decision

Data security breaches can cause much more than financial harm to affected individuals. In February 2014 the Australian Department of Immigration accidentally disclosed personal information about almost 10,000 asylum seekers. The asylum seekers became concerned that if their request for asylum was denied and they were removed from Australia to their country of origin, they may face persecution if the …

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Can you perceive it? Breakthrough for Nestle 4 finger shape mark – CJEU speaks on test for acquired distinctiveness

Study trade mark law, they said. It will be easy, they said … Don’t you believe it. We go on about it all the time here at IP Whiteboard: trade mark law is incredibly nuanced. A recent example of this is the decision from Europe’s highest court (the CJEU) relating to our beloved Kit Kat 4-finger shape mark (shown below). …

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Be careful if you wanna GUCCI GUCCI, ya ya, da da…

At IP Whiteboard, we love our brands – especially our luxury fashion brands (see our post on Louboutin here). Back in 2013, we reported on the battle of the brands, Guccio Gucci SpA (“Gucci”) and Guess Inc (“Guess”) (see our post here). To refresh your memory, Gucci and Guess have been battling it out over their trade marks all over …

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Would you pay for a meme? Getty claims copyright licence fees for Socially Awkward Penguin

Posting a cringeworthy meme can often cost you a few Facebook friends. But what if the next meme you post costs you almost $900? German blog Geeksisters found out the hard way when Getty Images asked them to pay €785.40 in back licensing fees for posting the famous Socially Awkward Penguin meme to their website. (Ironically, the offending blog entry …

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Clarisonic v PuraSonic – the allure of miraculous transformational product claims

The Federal Court of Australia has granted preliminary discovery in L’Oréal Australia Pty Ltd v BrandPoint Pty Ltd [2015] FCA 978 with respect to product claims made in relation to the PuraSonic facial cleansing brush. Immortalised by Justice Beach as “a product marketed to the fairer sex with the allure of its miraculous transformational properties”, the application concerned representations made in …

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Google’s new branding – trade mark issues for giants

Well, what do you think? Don’t tell me you haven’t noticed. Looks pretty good to me. I particularly like the new G logo.                 It is interesting to consider the portfolio management issues the re-brand poses, in this case from an Australian perspective. Does Google’s fame help it or hinder it in terms of its trade mark portfolio? Is it …

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