Maurice Gonsalves Archives - Page 5 of 10

What’s good for the “Wild Turkey” is not so good for the “Wild Geese”: Full Federal Court orders removal of “Wild Geese” mark

Posted on23/02/201203/05/2014AuthorPhilippa MacaskillLeave a comment

Austin, Nichols & Co Inc and Rare Breed Distilling LLC, the former and current owners of Wild Turkey bourbon, have successfully had the trade mark “WILD GEESE” removed from the Register. In a decision handed down on Tuesday, with Mallesons acting for the successful appellants, the Full Federal Court ordered the mark’s removal. The Court found that the primary judge miscarried in exercising the discretion under section 101(3) of the Trade Marks Act 1995 (Cwlth) to allow the mark to read more…

Say my name, say my name: Beyonce and Jay-Z’s daughter “Blue Ivy” at the centre of latest trade mark stoush

Posted on15/02/201226/05/2014AuthorPhilippa MacaskillLeave a comment

New parents often spend hours agonising over what to name their baby. For celebrity parents there is an even greater emphasis on finding the “right” name given the likelihood it will be ruminated over in the pages of a gossip magazine – “Apple”, “Sparrow” and “Sunday” are just a few recent examples. And now, as Beyonce and Jay-Z (or “Shawn Corey Carter”) have discovered, there is a new frontier. The trade mark dispute.

Justice Rares makes orders in Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2)

Posted on10/02/201202/05/2014AuthorPhilippa MacaskillLeave a comment

After handing down his judgment last week, Federal Court judge Justice Rares yesterday made orders in Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) [2012] FCA 34. The orders can be found on the Federal Court’s portal here.

Men at Work lose final chance to appeal

Posted on14/10/2011AuthorMelissa AndersonLeave a comment

The High Court has rejected EMI’s application to appeal against the finding that the classic Australian song, “Down Under” by Men at Work, copied bars from the tune of another well-known Australian ditty, “Kookaburra sits in the Old Gum Tree”. Following the Full Federal Court’s rejection of EMI’s previous appeal, the hearing last Friday was EMI’s final chance to overturn the finding of copyright infringement.

‘Cause we are living in a material world!

Posted on09/09/2011AuthorNicholas SmithLeave a comment

In 1985 Madonna set the pop music world alight with her song “Material Girl”. The song captured the materialism of the 1980s and is so associated with Madonna that, even 25 years later, she is still referred to around the world as “the Material Girl”.

You Can’t Stop the Music, but you can stop the copyright!

Posted on19/08/201116/04/2014AuthorNicholas SmithLeave a comment

It’s a well-known story. Chain-smoking French composer Jacques Morali had a dream for a concept disco group and placed an ad in a magazine reading “Macho Types Wanted: Must Dance And Have A Moustache”. The result can be seen below.

UK Government responds to the Hargreaves review: Intellectual Property is important for economic growth

Posted on15/08/201112/12/2012AuthorWebTeamLeave a comment

As we have previously blogged, Prof Ian Hargreaves published an independent report into intellectual property in the UK in May 2011, titled Digital Opportunity, A Review of Intellectual Property and Growth. This independent review was set up by the UK Government in November 2010.

Return of the Judges (of the UK Supreme Court)

Posted on29/07/2011AuthorNicholas SmithLeave a comment

In two previous posts, available here and here, we have chronicled the ongoing dispute between Star Wars creator George Lucas and Andrew Ainsworth. Ainsworth created the original Imperial Stormtrooper uniform and in 2004 he commenced making Stormtrooper costumes again, which he would sell to dedicated Star Wars fans. read more…

If you invade a property and take photos, who holds copyright in the photo?

Posted on27/07/2011AuthorNicholas SmithLeave a comment

Windrige Farm Pty Ltd is the owner of the Wonga Piggery, located near Young, New South Wales. Along with the regular concerns faced by any piggery owner, including disease, environmental problems and the possibility of (former) prime ministerial ownership, there is always the risk of animal rights activists invading the property. Such was the case on 9 July 2006, where Messrs Grassi, Simpson and James trespassed on the piggery to take photos and videos to document the conditions the animals were living in.