Archives for: ‘Scott Bouvier’
Australian Plant Breeders’ Rights to be significantly strengthened
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 seeks to introduce yet further changes aimed at improving Australia’s intellectual property laws. The proposed amendments to the Plant Breeder’s Rights Act, 1994 cover many key aspects of Australia’s plant breeders’ rights regime and are expected to have a significant impact on the agricultural sector. For …
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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 …
Read MoreAdvertising 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 …
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. Under Armour (perhaps strategically, as …
Read MoreWill 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 …
Read MoreUse 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 …
Read MoreBattle 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 …
Read MoreMeet 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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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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