Archives for: ‘Katrina Rathie’

STG v Trojan: protecting trade mark rights in the context of parallel importation

In the recent decision in Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2016] FCAFC 91 (STG v Trojan), the Full Federal Court held that the defence to trade mark infringement under section 123 of the Trade Marks Act 1995 (Cth) (Act), based on the trade mark owner’s consent to application of the trade mark, will apply …

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Be careful if you wanna GUCCI GUCCI, ya ya, da da…

At IP Whiteboard, we love our brands – especially our luxury fashion brands (see our post on Louboutin here). Back in 2013, we reported on the battle of the brands, Guccio Gucci SpA (“Gucci”) and Guess Inc (“Guess”) (see our post here). To refresh your memory, Gucci and Guess have been battling it out over their trade marks all over …

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Lift Shop v Easy Living Home Elevators: trade mark infringement and search engine optimisation

Can you infringe a competitor’s trade mark using “search engine optimisation” methods (“SEO” in industry-speak)? In Australia, the answer will depend largely on whether your use of that trade mark amounts to use “as a trade mark” within the meaning of the Trade Marks Act 1995 (Cth). In a recent decision of the Full Court of the Federal Court of …

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ATMOsphere – Trade Marks Office Decisions – March 2014

In January this year, we started a new series of posts from IP Whiteboard: ATMOsphere, aiming to keep our readers up-to-date on what has been happening in the world of Trade Marks Office decisions (see the January ATMOsphere post here). As explained there, our aim is both to provide a very high level summary of those decisions, to provide an …

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Media Watchdog not an arbitrator of criminal guilt, says Full Federal Court

In its recent decision of Today FM (Sydney) Pty Limited v Australian Communications and Media Authority [2014] FCAFC 22, the Full Federal Court has held that the investigative and determinative powers of the Australian Communications and Media Authority (“ACMA”) do not extend to making a finding that a broadcasting licensee, or any other person, has committed a criminal offence. The …

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Nappy Land is not happy land: no love on Valentine’s Day for National Australian Nappies

Valentine’s Day and nappies don’t usually appear in the same sentence. However, in a decision handed down by the Federal Court on 14 February 2014 (CI JI Family Pty Limited v National Australian Nappies (NAN) Pty Limited [2014] FCA 79) the Federal Court has reminded trade mark owners that they cannot view their marks as an ace-in-the-hole when it comes …

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High Court bundles up TPG with a $2 million penalty for misleading advertising

The High Court’s reasons for judgment in ACCC v TPG Pty Ltd [2013] HCA 54 serves as a warning to advertisers that campaigns designed to emphasise the most attractive component of an offer must be carefully designed so not to have the tendency to mislead and deceive consumers.  The lesson for advertisers is to ensure that the dominant or headline …

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Australian Privacy Commissioner weighs in on proposed changes to Facebook terms

Previously, we posted about Facebook’s changes to its Data Use Policy and Statement of Rights and Responsibilities (SRR), as a result of a $20 million class action settlement. Recently, Timothy Pilgrim, the Australian Privacy Commissioner has submitted an open letter to Facebook on behalf of the Office of the Australian Information Commissioner (OAIC).  This letter can be found online here. …

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“You can’t stop the music” – Village People cop Victor Willis celebrates regain of copyright interest

When the clock struck midnight on 13 September 2013, Victor Willis, original Policeman from the Village People, is said to have regained his copyright interest in many of the band’s hits, including YMCA. To recap on our post from last year, Willis co-wrote many of the band’s biggest hits (who could forget In the Navy) and performed as the lead …

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