Archives for: ‘Scott Bouvier’

P*interest? Pyntrest? Pinterest not the owner of its name in the EU

If a recent EU trade mark ruling is upheld, crafty DIY-ers, Martha Stewart wannabes and eager wedding planners could find themselves “pinning” images to a social media platform with a name other than “Pinterest”. This is the result of a recent decision by the Opposition Division of the EU Office for Harmonisation in the Internal Market that Pinterest – the …

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Advertising Standards Board determinations – the last 12 months in review

The past 12 months has certainly been a dynamic time for the Advertising Standards Board – 2012/13 saw the Board having to make determinations in the relatively unchartered waters of social media, ‘sexting’, Gen Y acronyms and iPhone Apps! Leading up to this period, the ASB commissioned a report by Colmar Brunton which found that as compared to 2007 the …

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‘I will’ protect this brand – will Under Armour Just do it?

In late April 2013, Nike submitted their response to Under Armour’s lawsuit with respect to its ‘I will’ registered trade mark. Under Armour’s complaint filed in February in the District Court of Maryland, alleged Nike’s latest #MAKEITCOUNT campaign advertising materials containing the phrase ‘I will…’ constituted trade mark infringement, trade mark dilution and unfair competition. Under Armour (perhaps strategically, as …

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Will filming Times Square now require negotiating with hundreds of copyright owners?

On 8 April 2013, The Motion Picture Association of America, along with the International Documentary Association and Film Independent, filed an amicus brief[1], supporting the NFL in their fight against (the very litigious!) Frederick Bouchat. Bouchat’s fight with the NFL and the Ravens (an NFL team) started many years ago in 1996, when he sent off a drawing he created …

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Use it or Lose it – a bitter storm brews for heritage beer brands

In a dispute that many (from beer lovers to IP lawyers) have been following, a decision on Foster’s ownership of 60 trade marks of heritage beers by IP Australia is expected by July 2013. The dispute centres on approximately 60 of Foster’s trade marks, such as as Ballarat Bitter, McCracken’s, Brisbane Bitter, Kent Old Brown, White Horse (registered as a …

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Battle of the brands questions retailers’ exclusivity agreements

It is no secret that Australian department stores operate in a tough competitive landscape.  One of the major weapons in their artillery is their ability to provide exclusive access to certain brands. This is secured by exclusivity agreements with designers that restrict designers’ ability to supply their wares to rival department stores. This exclusive brand strategy recently came under review …

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Justice Tracey found there was no Flattery in Seafolly’s bikini designs

We aren’t suggesting Justice Tracey believes Seafolly bikinis are unflattering when worn… We’re referring to his recent Federal Court decision where the designer of “White Sands” swimwear was fined $25,000 for public comments which ‘questioned’ whether Seafolly copied White Sands’ designs. What lessons can we take from this case? Check your facts before you post on Facebook. An honestly held …

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Meet the Partner – Scott Bouvier

Scott Bouvier is a partner specialising in IP in the King & Wood Mallesons Sydney office. He has acted for some of the country’s most interesting clients – from the Sydney Opera House and Andrew Lloyd Webber to CSIRO and University of Sydney.

But who is he really, and what’s his story? We interviewed Scott to find out.

What attracted you to IP law?

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The fine line between a franchise agreement and a trade mark licence

In a timely warning for IP lawyers to think beyond IP laws, the Full Federal Court has just confirmed that it doesn’t take much for a trade mark licence to also be a regulated “franchise agreement”. All you need is quality control, business plan/sales requirements, financial oversight and the potential to impose further policies and procedures.

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