Category Archive for: ‘Uncategorized’

Court rejects ACCC claim against Pfizer

The Federal Court has today dismissed a case brought by the Australian Competition and Consumer Commission (ACCC) against Pfizer Australia for alleged misuse of market power and exclusive dealing. The case arose from Pfizer’s sale of its own generic artorvastatin (Lipitor) product to pharmacies. Pfizer’s patent which prevented generic entry into the artorvastatin market expired in May 2012. Prior to patent expiry, Pfizer’s …

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Je suis Charlie, but it is not a trade mark

On 9 January 2015, a US trade mark application was filed for JE SUIS CHARLIE by a trust from California.  An Australian application for JESUISCHARLIE was filed on 12 January 2015 by the M&G Besser Family Trust in relation to publishing services in class 41.*  The phrase references the 7 January murder of 12 people at the offices of French …

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Senate inquiry into the regulation of digital currency – a move in the right direction?

By Keely Fitzpatrick Those who thought that the world of digital currency was beyond the reach of tax and other regulatory authorities have been living in a “Dark Fantasy”. Since our article earlier this year exploring the expansion of digital currencies and the Coinye saga of January 2014 the interest in digital currencies (such as Bitcoin) has continued to rise, …

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ATMOsphere – Trade Marks Office Decisions – December 2014

ATMOsphere: Our regular trade mark series of posts that aim to keep our readers up-to-date on what has been happening in the world of Trade Marks Office decisions. Here, our aim is both to provide a very high level summary of those decisions, and to provide an interesting and useful snapshot of the previous months of decisions. For our December 2014 …

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Guidelines released on the “right to be forgotten”

Search engines are no longer in the dark about how to interpret the now infamous “right to be forgotten” ruling of the European Court of Justice (“ECJ”), handed down in May this year (read our post on the decision here). On Wednesday 26 November, the European data protection authorities assembled in the “Article 29 Working Party” (“Working Party”) to adopt …

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Should we #RenameISIS? When trade marks attack

“What’s in a name? That which we call a rose. By any other name would smell as sweet.” – Shakespeare What if roses, instead of being called “roses”, were called “stink bells”?  Would they smell as sweet?  What if they were called “crapweed” or “stench blossoms”, as Bart Simpson famously suggested? What about if they were called “ISIS”? Unfortunately, this …

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Negotiating the perils and pitfalls of corporate social media: a lesson from Madden v Seafolly

Online social media is now widely acknowledged as the new frontier of corporate communications.  Indeed, nearly 80 per cent of large companies now use social media to connect with their customers.  Having an online presence has become effectively mandatory, but with that comes a range of risks, including in relation to potentially misleading or defamatory statements. The recent decision in …

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8 things you need to do now that Facebook has banned “like-gating”

“Like our page!” is a phrase you see a lot on Facebook.  But following a change to Facebook’s Platform Policy last week, you may not see it as much.  Great news for users, but maybe not-so-great news for those businesses relying on like-gates to gain traction on Facebook.  Here are 8 things that all businesses on Facebook will want to think about now …

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Telco and database services, comparison sites, and shopping centres – courts increasingly taking a modern view on trade mark specifications, but will the registries follow their lead?

Brand protection is not always as straightforward as it should be. For one thing, even once you have chosen your brand, you need to draft a specification that covers what you do and/or propose to do. This is a simple exercise if you are a t-shirt company, but can be a tricky business for service providers in evolving (and even …

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