Aereo and Optus TV Now – a comparison of the US Supreme Court and Australian Full Federal Court decisions

The Supreme Court of the United States in Aereo and the Full Court of the Federal Court of Australia in Optus TV Now have both considered the application of copyright laws to television streaming services. Both highly anticipated decisions have potential implications for new online technologies and cloud services. But how do the decisions compare read more…

ACIP’s Review of the Designs Systems proposes three approaches to reform

In 2012, the Advisory Council on Intellectual Property (ACIP) was tasked by the Government with conducting a review of the operation and effectiveness of the Designs Act 2003 (Cth) in supporting innovation. Late last year, ACIP released its Options Paper on the Designs Act (available online here). The Options Paper proposed three approaches to reform. read more…

2014 in review: the top three Australian developments in patents, trade marks and copyright

As the year reaches its close, we take a look back at the key Australian developments in intellectual property in 2014, including in patents, trade marks and copyright. Top 3 trade mark developments Cantarella Bros v Modena Trading [2014] HCA 48 A High Court decision on trade marks is always going to be at the read more…

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 read more…

What’s in a name? Saks v “Snaks” trade mark dispute

 (Unfortunately, not for human consumption. Some of the treats available from “Snaks 5th Avenchew”.) They say dogs are (wo)man’s best friend, but apparently the team over at Saks 5th Avenue missed the memo. The luxury U.S. department store had a less than friendly reaction to discovering a small online business retailing specialty canine and equine read more…