No mean feet obtaining a discovery order – Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited

Sex and the City fans will be very familiar with the infamous satin blue stiletto heels Mr Big proposed to Carrie Bradshaw with. The iconic moment was seared into pop culture history as Mr Big bent down on one knee and placed the cobalt blue shoe on Carrie’s foot like a life-transforming glass slipper – read more...

AI and IP – A real conversation starter

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence (AI) and intellectual property (IP).  The UK Intellectual Property Office (UK IPO) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.  The consultation covers five read more...
Subjects: Technology

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“No one can own the law” – United States confirms copyright protection does not extend to works of legislators or judges

On 27 April 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in Georgia Et Al v Public Resource Org, Inc. We set out what happened, what the Supreme Court found, the implications of the decision and we look at whether a similar principle applies in Australia. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”. read more...
Subjects: Copyright

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Confirmed Booking: Booking.com secures trade mark registration in the United States

On 30 June 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in United States Patent And Trademark Office, Et. Al, Petitioners v. Booking.Com B.V. This decision considers whether booking.com is protectable as a trade mark in the United States. The United States Patent and Trademark Office (USPTO), who had read more...
Subjects: Trade marks

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A sign of the times – Compagnie des Montres Longines S.A. v Point Tec Products Electronic GmbH

Wearables are all the rage nowadays, but some of us still sport watches with an analogue face.  Indeed, some sought-after classic timepieces from renowned brands are assets in an investment portfolio. Point Tec Point Tec Products Electronic GmbH  (Point Tec) is a German company that has been designing and developing watches for over 22 years.  read more...
Subjects: Trade marks

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Cheesy on the eyes – the string cheese characters of the trade mark decision of Bega Cheese Limited v Saputo Cheese USA Inc

From fifty shades of gruyere to cheddar ideas,  we in the IP team love cheese in all shapes and forms including… string cheese?  String cheese is created through a manufacturing process that aligns the proteins in the cheese, which makes it stringy.  We hear string cheese can even be sold in a can. String it on: read more...
Subjects: Trade marks

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Ouch! Federal Court of Australia imposes $4.5 million-dollar penalty for misleading marketing of pain-relief products

The Federal Court has handed down a significant $4.5 million penalty over misleading claims made with respect to the over-the-counter muscular pain relief products, ‘Voltaren Osteo Gel’ and ‘Voltaren Emulgel’.  The decision in Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 makes it clear that the read more...