Mr Worldwide’s Great American ‘Scream’ – Protection granted for Pitbull’s famous yell

American rapper, singer and songwriter Pitbull (Armando Christian Pérez) has successfully trade marked his tell-tale yell “EEEEEEEYOOOOOO!” that features heavily in most of his songs. It is one of the many famous Pitbull-isms, along with rhyming ‘Kodak’ with ‘Kodak’, or calling himself Mr. Worldwide and Mr. 305. The U.S. Patent and Trademark Office (USPTO) in read more...
Subjects: Media | Trade marks

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Beer in the clear: Full Federal Court declares no prohibition on ‘Pacific Ale’ trade mark

Trouble brewing In the past few years the Australian craft beer market has experienced significant growth, with hundreds of independent breweries springing up around the country.   But competition is not always friendly and in 2015 trouble began brewing between two interstate rivals, Stone & Wood and Elixir.  The dispute eventually spilled over into the courts, read more...
Subjects: Trade marks

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Copyright and the US primaries: From Adele to Neil Young, why do artists keep getting Berned by politicians?

From Trump to Clinton to Cruz, there is no presidential campaign that doesn’t involve the candidate strutting onto the stage to an ‘inspirational’ song. But what if the artist is not ok with the politicians encouraging voters to ‘Feel the Bern’ or ‘Make America Great Again’ with their tune? read more...

Million Dollar Moggy: Grumpy Cat’s coffee copyright grind

What is your cat worth to you? If you answered “at least a few hundred thousand dollars in damages and the rights to a lucrative domain name”, you may be Tabatha Bundesen, owner of feline internet sensation Grumpy Cat. With this much potential money in the kitty, it was only a matter of time before read more...
Subjects: Copyright | Trade marks

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Google’s new branding – trade mark issues for giants

Well, what do you think? Don’t tell me you haven’t noticed. Looks pretty good to me. I particularly like the new G logo.                 It is interesting to consider the portfolio management issues the re-brand poses, in this case from an Australian perspective. Does Google’s fame help it or hinder it in terms of its read more...

Combination marks – the limits of Medion further defined by Arnold J in Jura Origin case

The European Court of Justice’s decision in Medion (Case C-120/04) is one that can provoke vitriol among even the calmest of practitioners. That case involved an infringement action taken against the use of the mark THOMSON LIFE by Thomson, in the face of Medion’s earlier registration for LIFE. The court ruled as follows: “ … read more...
Subjects: Trade marks

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“Re-calculating … turn around when possible” – In TomTom decision, clear thinking on “wrong way round” confusion

We’ve devoted a bit of airspace to that hoary old chestnut, reverse (or “wrong way round”) confusion. See our earlier notes on the Glee and Europcar cases (here, here and here). It’s an interesting issue, and it’s also incredibly important in the context of a global economy in which fame can arrive overnight. Given the read more...
Subjects: Trade marks

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Does it matter which Board of Appeal hears your case when it comes to the distinctiveness inquiry under article 7(1)(b)?

— An edited version of this article first appeared on IPKat on 12 November 2014 — Some recent decisions – and topical ones at that, with the holiday season imminently approaching for this new father (hi Jack and Willy!) – relating to the treatment of 2D and 3D marks for toys suggest that there might read more...
Subjects: Trade marks

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You ain’t nothing but a hound dog (or an immaterial variation thereof)! Hush Puppies logo CTM survives non-use action

In El Corte Ingles v Wolverine World Wide, Inc, the much beloved logo of Hush Puppies (hereinafter, hound) has survived a non-use attack in Europe in some key classes. Although WWW was ultimately successful in partially defending the non-use action, the case is a reminder of the much higher burden faced in saving a Community read more...
Subjects: Trade marks

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