Archives for: ‘Cate Nagy’

When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend. …

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How many codes must a man walk down? Coding and copyright cross paths in the FCA

For most of us, our exposure to software code is limited to the Matrix and those terrifying moments when you accidentally open Terminal on your Mac. However, as computers slowly and silently assume dominion over every facet of our lives, it’s inevitable that the mysteries of source code will increasingly confront us with novel challenges. In IPC Global Pty Ltd …

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Counter-productive? Australia’s Productivity Commission releases Final Report into Australia’s Intellectual Property Arrangements

Yesterday, Australia’s Productivity Commission released their Final Report into Australia’s Intellectual Property Arrangements. This report was sent to Government on 23 September 2016. The Government is carrying out additional public consultation in relation to the recommendations made in the Final Report, which differ in key respects from some of the Commission’s draft recommendations. You can make a submission here – …

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Oze, Oze, Oze: A Mitey Victory for Dick Smith Investments Pty Ltd

The Federal Court has ruled that Dick Smith’s Ozemite trade mark can remain on the Register, forcing patriotic-spread-loving Australians to choose between it and competitor, Aussie Mite. Although Ozemite was registered as a trademark before its homophonic counterpart and thereafter promoted vigorously by “National Living Treasure,” Mr Smith, Ozemite did not reach supermarket shelves for another eight years. In the …

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An apparently ‘precious’ ring: Federal Court grants summary judgment to rule them all

The Federal Court of Australia has given summary judgment in Tolkien Estate Limited v Saltalamacchia [2016] FCA 944 for Tolkien Estate Limited (representing the estate of the late JRR Tolkien) against a jewellery trader selling rings bearing the infamous inscription of the ‘One Ring’ from Tolkien’s The Hobbit and the Lord of the Rings series. His Honour Justice Beach set …

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“Your word is your bond”: Is Trump’s plagiarism of Obama copyright infringement?

As the US presidential election continues, with it comes more copyright controversies. The latest scandal arose at the recent Republican National Convention when Melania Trump, potential new FLOTUS, took to the stage and wound up in a plagiarism pickle.

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Bieber Fever running high, “is it too late now to say I’m SORRY?” – allegations of copyright infringement against The Biebs (aka Justin Bieber)

Indie artist, Casey Dienel, who goes by the name of “White Hinterland”, is suing Justin Bieber and producer, Skrillex (as well as the other songwriters) for alleged copyright infringement in relation to Bieber’s hit and annoyingly catchy song “Sorry” (you know the song where The Biebs is singing about Selena Gomez – you can listen to it here). Dienel claims …

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Aristocrat v Global Gaming – it’s all fun and games until someone infringes a trade mark

The Federal Court’s decision in Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2016] FCAFC marks the end* of a long-running dispute between the Aristocrat Technologies group and Global Gaming Supplies, Impact Gaming and Tonia Enterprises. *hopefully The Aristocrat group and its trade marks The Aristocrat group supplies gaming technologies and services to the international gaming industry. …

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No Flex Zone – Federal Court sends Australian company packing over trade mark dispute

For readers who are fond of a good deli selection, discussions of the chemical composition of plastics, or interesting trade mark issues (or all three) – this one’s for you. The Applicant, Flexopack S.A. Plastics Industry, is a Greek company which sells and distributes thermoplastic food packaging films around the world under the trade mark “Flexopack”. The Applicant has various …

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