Category Archive for: ‘Trade marks’

Urban Outfitters’ faux-‘Navajo’ knickers in a knot over alleged trade mark infringement

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.

Background

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More news from Canberra: amendments to IP laws passed by Senate

You would be forgiven for having missed this news given everything else that was happening in Canberra this week, but the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 was passed by the Senate on 27 February 2012.  The Bill will now go before the House of Representatives in the autumn sitting and is expected to come into force later this year.

The Bill targets five key areas:

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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

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One step closer to a National Business Name Registration System

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:

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“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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