Lights, camera, action! – will ‘revenge porn’ victims finally have a cause of action to sue offenders?

The Senate’s Legal and Constitutional Affairs References Committee (“Committee”), in an inquiry into the worldwide phenomenon known as ‘revenge porn’, made recommendations last week that acts of ‘revenge porn’ should be made a crime on Commonwealth and State levels. But ‘revenge porn’ scandals are only for the J-Laws and Kim Kardashians of the world right? Apparently not.

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Copyright and the US primaries: From Adele to Neil Young, why do artists keep getting Berned by politicians?

From Trump to Clinton to Cruz, there is no presidential campaign that doesn’t involve the candidate strutting onto the stage to an ‘inspirational’ song. But what if the artist is not ok with the politicians encouraging voters to ‘Feel the Bern’ or ‘Make America Great Again’ with their tune?

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Kylie Minogue takes on Kylie Jenner – what happens when two celebrities have the same name?

We all love a good post about the Kardashians (see here). Last time we blogged about the Jenner sisters (Kendall and Kylie) applying for trade mark applications in the US for their first names, as well as the phrase “Kendall and Kylie”. Well, since our last post, the USPTO accepted the application and hot-pants-Kylie (Minogue) has now filed an opposition against …

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Dallas Buyers Club – end of a chapter?

The Dallas Buyers Club application appears to have drawn to an end, and with it another chapter in rights holders’ attempts to respond to file sharing. In December 2015, Justice Perram of the Federal Court rejected a further attempt to obtain customer details, after previously requiring undertakings and a bond before preliminary discovery would be ordered (see our post on …

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And the copyright changes keep coming – safe harbour, fair dealing and more

If copyright lawyers hadn’t already had a busy enough year in 2015 with the introduction of the Copyright Amendment (Online Infringement) Act 2015, they were in for a special holiday treat when the Department of Communications and the Arts released some more interesting draft amendments to the Copyright Act 1968 (Cth) (“the Act”) for public comment on Christmas Eve. Among other …

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Low or no similarity between marks a matter of semantics – the UK RA case and a call to adopt an avenue of appeal to Appointed Persons under Australian trade marks practice?

It is no secret that decisions of Appointed Persons (AP) of the UKIPO occupy a special place in our hearts here at IP Whiteboard. Who or what are Appointed Persons? Following a first instance decision from a Hearing Officer of the UKIPO in a trade mark matter, there are two avenues of appeal: (a) the High Court and (b) the …

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Too popular for its own good? McDonalds and the famous prefix “MAC”

In the recent decision of McD Asia Pacific LLC v Sheikhtaba Pty Ltd [2015] ATMO 112, McDonald’s found its famed “MAC” prefix was too popular for its own good, the Delegate of the Registrar of Trade Marks rejecting its opposition to registration of the logo mark MAK FOODS on grounds of deceptive similarity and established reputation.    (Image from Australian …

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Wrong side of the line – more absolute grounds rejections for stripe marks of K-Swiss Inc and Shoe Branding Europe BVBA

We’ve devoted a lot of time on IP Whiteboard to position marks, particularly in the fashion sector. Recently, a number of decisions have come down rejecting stripe marks, and it is worth briefly having a look at the arguments and the reasoning and contrasting them against some earlier decisions. The “skinny” is that there is a relatively consistent line (sorry) …

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EU trade mark reform – action to take now

There are some important upcoming changes to Community Trade Mark law and practice due to come into force on 23 March 2016. This is in addition to the change of the branding of the CTM itself: OHIM will change its name to the EU Trade Marks Office, and the CTM will become the EUTM. As ever, there will be benefits …

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