Archives for: ‘Cate Nagy’

Government announces economic analysis of ALRC copyright recommendations

Yesterday, the Government announced that it has commissioned an economic analysis of some of the recommendations made by the Australian Law Reform Commission in its Copyright and the Digital Economy Report. The ALRC’s report, which was publicly released in February 2014, made a number of recommendations for reform of Australian Copyright law.  One of the key recommendations was the introduction …

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TARJAY or TARGET? The registration of parody trade marks

Many Australians colloquially refer to the department store Target as “Tar-Jay” (with a fake French accent), cheekily introducing an up-market French boutique association to Target’s affordable goods.   Such association apparently dates back at least to media references in 1983. The word “Tarjay” entered UrbanDictionary.com in 2008: “Target Store said with a fake french accent to make it sound more upscale …

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Spins a web, anytime, but only pays royalties until the expiry of the patent

It a recent US Supreme Court case involving a patent for a device shooting Spiderman foam ‘webs’ from wrists, Justice Kagan did a (Marvel-ous?) summation of the issue at hand: ‘Patents endow their holders with certain superpowers, but only for a limited time’.

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CJEU gives Guidance on Standard Essential Patents and Injunctions

The Court of Justice of the European Union has today issued its much-anticipated decision in Huawei v ZTE in relation to the question of whether it is an abuse of a dominant position to seek an injunction for infringement of a standards-essential patent (SEP). The Court’s decision largely confirms the approach of Advocate General Wathelet in his Opinion in November …

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ATMOsphere – Trade Marks Office Decisions – January to March 2015

ATMOsphere: Our trade mark series of posts summarising what has been happening in the world of Trade Marks Office decisions. Here, we aim to provide a high level summary of those decisions and to provide an interesting and useful snapshot of the previous months of decisions. Better a little late than never, we bring you the summary of decisions from …

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Self(ie) made: Artist makes a Princely sum selling other people’s photos

That selfie stick might actually be a wise investment – after all, your next Instagram post could be worth thousands. US artist Richard Prince’s latest exhibition, ‘New Portraits’, is a series of printed screenshots of other people’s Instagram photos. The going price for each piece? A cool US$90,000 (roughly A$115,000). The amount the original Instagram posters will get? $0. Prince …

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What’s in a name? (Try to) Keep up with the Kardashians

Here at IP Whiteboard, we learnt the power of a celebrity name when one of our posts got roughly 20 times more hits than we expected (and crashed the site in the process). Why? While we like to think the combination of on-trend pop culture knowledge and cutting edge legal analysis really drew readers in, ultimately it was the celebrity …

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Looking to move your brand into China? Here’s our quick guide to protecting your IP in the process

Successfully exporting your Australian brand into the Chinese market is a challenging task and it requires a significant investment of time and resources, together with a well thought-out brand protection strategy. Set out below is our quick guide to some high level issues to think about in the IP space if, like many, you’re looking at the opportunities presented by …

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Disney’s “Frozen” in copyright dispute – filmmaker can’t Let it Go

Question: What do these things have in common? a snowman loses his carrot nose, and it slides out to the middle of a frozen pond; the snowman is on one side of the pond and an animal who covets the nose is on the other; the characters engage in a contest to get to the nose first and the animal …

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