(Street) Art Buff: More avenues for the protection of graffiti works

In a previous post (here), IP Whiteboard discussed the potential avenues that a street artist may have in protecting their work from defacement or removal by recourse to intellectual property rights. Although the City of Sydney is still yet to introduce its revised street art policy, we thought that last week’s judgment of the UK High Court in The Creative …

Read More
Subjects:
Partner:

You’re monkey me crazy! Copyright, selfies and…monkeys?

We don’t waste any time with monkey business over here at IP Whiteboard…until it involves one of our favourite stories of recent times, combining our love of selfies with copyright and cute animals. This story is of course the tale of wildlife photographer David Slater, who claimed copyright ownership over some selfies taken by macaque monkeys in Indonesia using his camera …

Read More
Subjects: |
Partner:

Australian Department of Immigration data breach – another court decision

Data security breaches can cause much more than financial harm to affected individuals. In February 2014 the Australian Department of Immigration accidentally disclosed personal information about almost 10,000 asylum seekers. The asylum seekers became concerned that if their request for asylum was denied and they were removed from Australia to their country of origin, they may face persecution if the …

Read More
Subjects:

Can you perceive it? Breakthrough for Nestle 4 finger shape mark – CJEU speaks on test for acquired distinctiveness

Study trade mark law, they said. It will be easy, they said … Don’t you believe it. We go on about it all the time here at IP Whiteboard: trade mark law is incredibly nuanced. A recent example of this is the decision from Europe’s highest court (the CJEU) relating to our beloved Kit Kat 4-finger shape mark (shown below). …

Read More
Partner:

Be careful if you wanna GUCCI GUCCI, ya ya, da da…

At IP Whiteboard, we love our brands – especially our luxury fashion brands (see our post on Louboutin here). Back in 2013, we reported on the battle of the brands, Guccio Gucci SpA (“Gucci”) and Guess Inc (“Guess”) (see our post here). To refresh your memory, Gucci and Guess have been battling it out over their trade marks all over …

Read More

Would you pay for a meme? Getty claims copyright licence fees for Socially Awkward Penguin

Posting a cringeworthy meme can often cost you a few Facebook friends. But what if the next meme you post costs you almost $900? German blog Geeksisters found out the hard way when Getty Images asked them to pay €785.40 in back licensing fees for posting the famous Socially Awkward Penguin meme to their website. (Ironically, the offending blog entry …

Read More
Partner:

Clarisonic v PuraSonic – the allure of miraculous transformational product claims

The Federal Court of Australia has granted preliminary discovery in L’Oréal Australia Pty Ltd v BrandPoint Pty Ltd [2015] FCA 978 with respect to product claims made in relation to the PuraSonic facial cleansing brush. Immortalised by Justice Beach as “a product marketed to the fairer sex with the allure of its miraculous transformational properties”, the application concerned representations made in …

Read More
Partner:

Google’s new branding – trade mark issues for giants

Well, what do you think? Don’t tell me you haven’t noticed. Looks pretty good to me. I particularly like the new G logo.                 It is interesting to consider the portfolio management issues the re-brand poses, in this case from an Australian perspective. Does Google’s fame help it or hinder it in terms of its trade mark portfolio? Is it …

Read More
Partner:

High Court States the Obvious: AstraZeneca AB v Apotex Pty Ltd Appeal Decided

by Kim O’Connell, Suzy Madar and James Ellsmore In a widely anticipated decision, the High Court has upheld a decision of the Full Federal Court that AstraZeneca’s patent relating to low dosages of rosuvastatin is invalid for want of inventive step. Rosuvastatin is used in the treatment of high cholesterol and is marketed by AstraZeneca as Crestor. The decision will …

Read More
Subjects: |

Page 10 of 107« First...«89101112»203040...Last »