Archives for: ‘Cheng Lim’

Telco Sector Security Reforms

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) On 25 June 2015 the Attorney-General and the Minister for Communications released an exposure draft of a new piece of legislation that aims to strengthen the Government’s ability to manage national security risks affecting telecommunications networks. The proposed Telecommunications and Other Legislation Amendment Bill 2015 is the latest in a series of …

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Major sporting events & a few hundred million reasons to protect sponsorship rights

The FIFA World Cup is upon us. We’ve already been bombarded with an extensive range of marketing campaigns, such as McDonald’s new range of World Cup burgers, and Coke’s specially designed World Cup bottles. These companies have paid a premium to be associated with the event. But what about those companies who use more stealth methods to get their name …

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What’s your flavour? Cadbury’s “Black Forest” chocolate unsuccessful in trade mark opposition to Whittaker’s “Berry Forest” mark

You might want to grab a cup of tea and a block of Cadbury’s “Black Forest” chocolate to settle in and read this blog post -or, if you prefer, a block of Whittaker’s “Berry Forest” chocolate. While Australians have had a choice between the two for several years now, New Zealanders will also be able to have an option soon, …

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The rise of the citizen journalist and the online blogger

Digital technologies and social networking websites have radically altered the nature of news reporting. In particular, news reporting has succumbed to modern society’s need for immediacy. The Internet has given rise to the “citizen journalist”, who is able to upload one-off breaking news items when arriving first upon the scene of an event. Whilst the increased access to newsworthy items …

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Think before you speak, think before you tweet –social media and defamation

While most of us are posting mundane Facebook statuses about what we had for breakfast, or tweeting about our reactions to ‘The Bachelor’ (or is that just me?), Andrew Farley was doing a whole lot more last year, according to a judgment published only recently, but handed down in November 2013 in the District Court of NSW. Farley posted a …

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Not Your Daughter’s Jeans – Chances of registering a position mark slimmer in New Zealand as compared to Australia. But should they be?

First there were corsets, then shaping underwear (Spanx, anyone?) and now slimming jeans. Often these garments are hidden from view, but the consumer knows exactly what they are looking for leading up to and beyond the point of sale. But are our decision-makers keeping up with the times when businesses try to protect their valuable brands? A recent decision in …

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Ungentlemanly conduct? Jack Wills v The House of Fraser in battle of British bird brands

In Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110, Arnold J has held that House of Fraser’s use of a pigeon logo on clothing products infringes Jack Wills trade mark registration for its Mr Wills logo. The decision underscores the value of registering logos as trade marks, and provides additional support (if it was needed at …

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Coca-Cola v PepsiCo in New Zealand – infringement action based on contour bottle mark registrations fails

In The Coca-Cola Company v Frucor Soft Drinks Limited [2013] NZHC 3282 (10 December 2013), Wylie J of New Zealand’s High Court has dismissed trade mark infringement claims levelled by Coca-Cola against Frucor, bottler and distributor of PepsiCo products in New Zealand (I generally refer to the Pepsi parties as PepsiCo below). The decision amply demonstrates the “territoriality” principle, namely …

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King.com is King of ‘Candy’: Candy Crush Saga Developer Granted US Trade Mark

Candy Crush Saga, the brightly-coloured and highly addictive social game, followed the lead of other popular games, such as Angry Birds, to become an online phenomenon of its own. As one of the most popular online games and phone apps, it is no wonder that its developer, King.com Limited, has recognised the value of protecting its brand (they’re not alone – see …

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