Category Archive for: ‘Trade marks’
Fashion is, at its core, derivative. When it comes to intellectual property law, ‘derivative’ can sometimes be problematic. When a rich cultural history in the sense of tribal names, words and artistic designs is added to the mix, the results can be downright devastating, particularly where it involves the use of these cultural signs for commercial gain. Last Tuesday, the Navajo Nation filed a complaint against Urban Outfitters in relation to its use of the word ‘Navajo’ on some of its products.
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
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:
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.
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”.
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.
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…