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 read more...

‘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. read more...

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 read more...
Subjects: Copyright | Media

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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, read more...
Subjects: Trade marks

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