Category Archive for: ‘Trade marks’
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…
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.
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.
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.
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.
Did you read our post about the introduction of new business names laws here? On 3 November 2011, the National Business Names Registration Package legislation was assented to.
The Acts now in existence are as follows:
Business Names Registration Act 2011 No.126 (Cth);
Business Names Registration (Transitional and Consequential Provisions) Act 2011 No. 127 (Cth); and