Category Archive for: ‘Trade marks’

“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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Say my name, say my name: Beyonce and Jay-Z’s daughter “Blue Ivy” at the centre of latest trade mark stoush

New parents often spend hours agonising over what to name their baby.  For celebrity parents there is an even greater emphasis on finding the “right” name given the likelihood it will be ruminated over in the pages of a gossip magazine – “Apple”, “Sparrow” and “Sunday” are just a few recent examples.  And now, as Beyonce and Jay-Z (or “Shawn Corey Carter”) have discovered, there is a new frontier.  The trade mark dispute.

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Logo impressions from a 5-year-old, and why it’s not so simple when it comes to the law

When a 5-year-old recognizes your logo, you know you’ve made it.  Sure, it’s Faith Ladd, the ingénue prodigal daughter of Adam of Ladd Design, who has probably been surrounded by logos and marketing jargon since birth.  Still…

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Memorable advertising slogans – Part 2

Thanks to an “overwhelming response” from our IP Whiteboard editorial committee (and we’re serious, almost everyone responded) we can reveal a true diversity of personal slogan highlights.  Before discussing themes arising from these, consider the work needed to create a great slogan.

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Are these the most memorable advertising slogans ever? And how brand reputation is hard to prove

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Making its Mark: “Occupy Wall Street” Files Trade Mark Application

On 24 October 2011, organisers from the unincorporated association “Occupy Wall Street” filed an application to trade mark their name with the U.S Patent and Trademark Office (“USPTO”).  The movement is interested in protecting the phrase for merchandise such as bags, clothing, luggage and headwear, in newsletters and periodicals and on a website featuring educational materials related to the Occupy Wall Street movement including photographic, audio, video and prose presentations.

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Can a ‘metatag’ infringe your trade mark?

Regular people ask “If a tree falls in a forest and no one is around to hear it, does it make a sound?”

IP lawyers ask “If a trade mark is used but no one can see it, has the trade mark been infringed?”

According to Justice Kenny of the Federal Court, in this recent decision, the answer to this philosophical IP question is, no.

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Interim ruling suggests Cadbury can register ‘Cadbury purple’ as a trade mark in the UK

The Intellectual Property Office (‘IPO’) in the UK has issued a preliminary ruling which states that the iconic ‘Cadbury purple’ – Pantone 2865c – is sufficiently distinctive to enable Cadbury to register it as a trade mark. 

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